HomeMy WebLinkAbout04-023~~~ ~~ ~S UP~,~~i~
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;ha; ~: BOARD OF SUPERVISORS
~* = "~ ~ *~ COUNTY OF BUTTE, STATE OF CALIFORNIA
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••~'~~~L'OUI3~~•~'~~ Resolution No. oa-o23
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RESOLUTION DESIGNATING AUTHORI7ED REPRESh:NITIVES F'OR FEMA
PREPARDEDNESS GRANT
WHEREAS, the Butte County 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 agencies to the threat of terrorism; and
WHEREAS, the FY02 FEMA Supplemental Appropriation for Emergency Operations Planning Grant provides
$191,067 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; and
WHEREAS, the County applied for and was awarded a FY 0'~ FEMA Supplemental .Appropriation for
Emergency Operations Plannin~~ Grant.
WHERF,AS, the Board of Supervisors now wishes to designate the General Services Director and the
Emergency Sen~ices Officer as authorized representatives of the County of Butte.
NOW THERFORE, IT IS HEREBY PROCLAIMED AND ORDERED that the Butte County Board o1'
Supervisors gives the following assurances listed in the revised Attachment A; and
[T IS FUR"THER PROCLAIMED AND ORDERED that William S. Curry, General Services Director, and
John Gulserian, Emergency Services Officer of Butte County, are hereby designated as authorized representatives
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 FEMA Supplemental Appropriation for Emergency
Operations Planning Grant Program.
PASSED AND ADOPTED By The Butte County Board of Supervisors the ?4'~' day of February ?004 by the
following vote:
AYES: ;supervisors Doian,Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
N01' VOTING: ~~<~~-~.e
ATTF,S'T:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
f/+,
By:
beputy
OFFICE OF EMERGENCY SERVICES
GRANT ASSURANCES
APPLICANT NAME: County of Butte
(Name of Orgam7auon)
ADDRESS: 3-A Count Center Dr.
CITY: Orovill
STATE: CA ZIP CODE: 95965-3334
TELEPHONE: 530-538-7064 FAX NUMBER: 530-538-6760
AUTHORIZED AGENT: William S. Curry
TITLE: General Services Director
ASSURANCES -CONSTRUCTION PROGRAMS and NON-CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to all of your grants. if you have questions, please contact the Governor's Office of
Emergency Services.
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient
to pay the non-federal share of grant costs) to ensure proper planning, management and completion of the grant described in this
application.
2. 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 agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without
permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with
awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance
funds to assure nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans
and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work
conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the
assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. 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 gains.
8. Will comply 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.
9. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act
of ] 964 (P.L. 88-352) 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-] 683 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, Treahnent 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 ] 912 (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 Vlll 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) any other
nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the requirements
on any other nondiscrimination statute(s) which may apply to the application.
10. Will comply, or has already compli~ ,vith the requirements of Titles 11 and 111 of the Unii,. .~ 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.
1 1. 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 Hood 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.
12. 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) 1 1514; (b) notification of
violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 1 1990; (d) evaluation of flood hazards in floodplains in
accordance with EO 1 1988; (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 ] 973, as amended, (P.L. 93-205).
13. 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.
14. 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).
] 5. Will comply with Standardized Emergency Management (BEMs) requiremments 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.
16. Will cause to he pcrfonned the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single
Audit Act Amendments of 1996.
17. Has requested through the State of California, federal financial assistance to be used to perforn~ 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. The state warrant covering federal financial assistance will he deposited in a special and separate account, and will he used to pay
only eligible costs;
h. To 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.
c. 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.
18. Will comply with the Intergovernmental Personnel Act of ]970 (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. 9(10, Subpart
F).
19. 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.
20. 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.
2l. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 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.
22. It 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.
23. 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.
24. Will obtain approval by the appropriate federal agency of the final working drawings and specifications before the
project is adv_ _scd or placed on the market for bidding; that it will ~_ _~struct the project, or cause it to be
constructed, to final completion in accordance with the application and approved plans and specifications; that it will
submit to the appropriate federal agency for prior approval changes that alter the cost of the project, use of space, or
functional layout, that it will not enter into a construction contract(s) for the project or undertake other activities until
the conditions of the construction grant program(s) have been met.
25. Will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by
the applicable federal, state, and local agencies for the maintenance and operation of such facilities.
26. Will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings
and Facilities Accessible to, and Usable by, the Physically Handicapped," Number Al 17.-1961, as modified (4]
CFR 101-17.703). The applicant will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor.
27. Does agree that if any real property or structure thereon is provided or improved with the aid of federal financial
assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such
property, any transfer, for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.
28. Will not make any award or permit any award (subgrant or contract) at any tier 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."
29. Does agree that:
1) No federal appropriated funds have been paid or will he 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;
2) If any other funds than federal appropriated funds have been paid or will he 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 Fonn LLL, "Disclosure of Lobbying Activities," in accordance with its instructions;
3) The undersigned shall require that the language of this certification he 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.
4) 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 $700,000 for each such failure.
30. Agrees that funds awarded under this grant will he used to supplement existing funds for program activities, and will
not supplant (replace) non-federal funds.
31. Will complyy wi~pplicable requirements of all other federal laws, executive orders, regulations and policies
governing this program.
The undersigned represents that he/she is ri~ } th above named applicant to toter into this agreement for and on behalf of the said
applicant.
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IGN OF AUTHOR17s)rD~GENT ~~_~
_Willian S. Curry
PRINTED NAME
_General Services Director
TITLE
DATE