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COUNTY OF BUTTE, STATE OF CALIFQRNIA
Resolution No. 03-075
RESOLUTION APPROVING APPLICATION FOR FY02 STATE DOMESTIC
PREPAREDNESS PROGRAM GRANT
WHEREAS, the County of Butte Board of Supervisors is the governing body of the
Butte County Operational Area; and
WHEREAS, the County of Butte recognizes the need to participate in programs that
enhance the preparedness of local response agencies to the threat of terrorism; and
WHEREAS, the FY02 State Domestic Preparedness Program Grant will provide up
to $1.99,493 in non-matching funds for exercises and for the purchase of response
equipment; and
WHEREAS, the equipment provided will meet the stated goals of the Butte County
Emergency Services Council, which represents the incorporated and unincorporated
jurisdictions of Butte County.
NOW THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that
the Butte County Emergency Services Officer shall apply for the funds available from the
FY02 State Domestic Preparedness Program Grant; and
IT IS FURTHER PROCLAIMED AND ORDERED that the Butte County Board
of Supervisors gives the following assurances listed in Attachment A; and
IT IS FURTHER ORDERED that J. Michael Madden, Emergency Services Officer
of the County of Butte, is hereby designated as the authorized representative of the
County of Butte for the purpose of receipt, processing, and coordination of all inquires
and requirements necessary to obtain the assistance provided by the FY02 State Domestic
Preparedness Program Grant.
PASSED AND ADOPTED by the Butte County Board of Supervisors the 13~~' day
of May 2003, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
'~~i ~ - f ,
R: J. BEELER, chair
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
B.y; ~ ~,, ' , ~ ,
Deputy '
ATTACHMENT A:
The Butte County Board of Supervisors gives the following assurances:
The applicant:
1. Has the legal authority to apply for federal assistance, and has the institutional,
managerial and financial capability to ensure proper planning, management and
completion of the State Domestic Preparedness Program grant.
2. Will assure that grant funds aze only used for allowable, fair, and reasonable costs.
3. Will give the awarding agency, the Comptroller General of the United States, and if
appropriate, the state, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or awarding agency directives.
4. Will provide progress reports and such other information as may be required by the
awarding agency.
5. Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain fro themselves or others, particularly those with whom they
have family, business or other ties.
7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. §§ 4801 et. seq.) which prohibits the use of lead based paint in construction or
rehabilitation of residence structures.
8. Will comply with all federal statues relating to nondiscrimination. These include but are
not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683 and 1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which
prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended,
relating to nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et. seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
9. Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91-646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted programs. These
requirements apply to all interested in real property acquired for project purposes
regardless of federal participation in purchases.
10. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
11. Will comply with environmental standards which may be prescribed pursuant to the
following:
a. Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)
11514;
b. Notification of violating facilities pursuant to EO 11738;
c. Protection of wetlands pursuant to EO 11990;
d. Evaluation of flood hazards in floodplains in accordance with EO 11988;
e. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et. seq.);
f. Conformity of federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et.
seq.);
g. Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523); and
h. Protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.}
related to protecting components or potential components of the national wild and scenic
rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification
and preservation of historic properties), and the Archaeological and Historic Preservation
Act of 1974 (16 U.S.C. 469a-1 et. seq.).
14. Will comply with Standardized Emergency Management System (SEMS) requirements
as stated in the California Emergency Services Act, Government Code, Chapter 7 of
Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and
2448.
15. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance.
Will, after the receipt of federal financial assistance, through the State of California,
agree to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per federal fiscal year.
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections
4728-4763) relating to prescribed standards for merit systems for programs funded under
one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards
for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with federal funds.
18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
19. Will comply, if applicable, with the Laboratory Anunal Welfare Act of 1966 (P. L. 89-
544, asamended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or other activities supported by this
award of assistance.
20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair
Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher
education, hospitals, and other non-profit organizations.
21. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C.
Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C.
Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C.
Sections 327-333), regarding labor standards for federally assisted construction
subagreements.
22. Will not make any award or permit any award (subgrant or contract} to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549 and 12689, "Debarment and
Suspension."
23. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or an employee of Congress, or
employee of a Member of Congress in connection with the federal grant or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers including subgrants, contracts
under grants and cooperative agreements, and subcontract(s) and that all sub
recipients shall certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
24. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense Master
Mutual Aid Agreement in consultation with representatives of the various fire,
emergency medical, hazardous materials response services, and law enforcement
agencies within the jurisdiction of the applicant.
b. Is consistent with needs as identified in the Terrorism Annex to the State's
Emergency Plan, and will be deployed in conformance with that plan.
c. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement and deployed with personnel trained
in the use of such equipment in a manner consistent with the California Law
Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
25. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non-federal funds.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements contained in Title
28, Code of Federal Regulations; Part 66, that govern the application, acceptance and use
of Federal funds for this federally-assisted project.
27. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention
Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of
the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1,
and all other applicable Federal laws, orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal Justice
Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical
Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and Activities; Part 42,
Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain
Management and Wetland Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs.
29. Will ensure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of this project are not listed in the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal
Grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
31. Will, in the event a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, sex, or disability against a recipient of funds, the recipient
will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current
edition of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L.
97-348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure
of most new Federal funds within the units of the Coastal Barrier Resources System.
35. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other
requirements governing this program.
36. Understands that failure to comply with any of the above assurances may result in
suspension, termination or reduction of grant funds.
_;
R.J. BEELER, Chair i~~~; ~ `~£~
Butte County Board of Supervisors