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BOARD OF vUPERVISORS
COUNTY OF BUTTE, STATE OF CAt_IFORNIA
Resolution Itio.04-037
RESOLD"TION DESIGNATING AUTIIORIIEll Rh:PRESENITIVES FOR FY U2 COMBINED
CITI7,F.N CORPS AND COMMUNITY EMERGENCY RESPONSE 'T'EAM (CERT) SUPPLEMENTAL.
GRANT'
WHEREAS, the Butte County Board of Supervisors is the govenling 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 or citizens to the threat of natural and man-made disasters; and
WHEREAS, the Combined Citizen Corps and Citizen Emergency Response Training Program Grant will
provide up to $10,899 in non-matching funds for the education and preparedness training of our citizens; and
WHEREAS, the training provided will meet the stated goals of the Butte County Emergency Services
Council, which represents the incorporated and unincorporated jurisdictions of Butte County.
NOW Z'HERFORF,, I'T IS HEREBY PROCLAIMED AND ORDERED that the Butte County Board of
Supervisors gives the following assurances listed in the revised Attachment A; and
IT IS FURTHER PROCLAIMED AND ORDERED; that William S. Curry, General Services Director,
acid 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 Citizen Corps and CERT 20{2 Supplemental Grant
Program.
PASSED AND ADOPTED By "I'he Butte Comity Board of Supervisors the 23rd day of March 2004 by the
following vote:
AYES: Suj~crvsors Dotan 1{~~u:~:, Josiassen, Yamat;ucYi:i .=ind Chair Peeler
NOES: None
ABSENT: Prone
NO"T VOTING: None
R. J. Bf:l?I,ER, Chair
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
By:~,
Deputy
State of California
GOVERNOR'S OFFICE ON
SERVICE AND VOLUNTEERISM
GOVERNING BODY RESOLUTION
BE IT RESOLVED BY "I'HE BOARD OF SUPERVISORS OF THE
COUNTY OF BUTTE THAT
William S. Curry OR
(Name or Title of Authorized Agent}
John Gulserian OR
(Name or Title of Authorized Agent}
(Name or Title of Authorized Agent}
is hereby authorized to execute for and on behalf of the named applicant, a public entity established under
the la~~~s of the State of California, any actions necessary for the purpose of obtaining federal financial
assistance under P.L. 107-206.
Passed anal approved this 23rd day of March, 2004
CERTIFICATION
R. J. Beeler ,duly appointed and
--- (Name)
Chair of the Board of Supervisors
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved
by the _ Board of Supervisors of the Count of Butte on the
(Governing body) (Name of Applicant}
day of__March , 2004.
Date: ~ ~ ~~~~
l R. J. BE ER Chair
{Signature)
Exhibit C
Page I of 5
State of California
GOVERNOR'S OFFICE ON
SERVICE AND VOLUNTEERISM
(GO SERV)
GRANT ASSURANCES AND CERTIFICATIONS
APPLICANT NAME: County of Butte
(Nam~~anizaUOn
ADDRESS: 3-A County Center Dr.
CITY: Oroville STATE: California ZIP CODE: 95965-3334
TELEPHONE: 530-538-7373 FAX NUMBER: 530-538-6760
AUTHORIZED AGENT: William S. Curry
TITLE: General Services Director
ASSURANCES -CONSTRUCTION PROGRAMS and NON-CONSTRUCTION
PROGRAlV1S
Note: Certain of these assurance 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:
L 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 tivith 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 constntction 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.
Z Will establish safeguards to prohibit employees from using their positions for a purpase 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.
Exhibit C
Page 2 of 5
Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: (a)
Title V[ of the Civil Rights Act of 1964 (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. §§ 168 ]-
1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c} Section 504 of the
Rehabilitation Act of 1973, as amended (24 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 an 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; (t} 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 1412 (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) 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 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.
1 L Will comply, if applicable, with the flood insurance purchase requirements of Section 102(x) of the Flood
Disaster Protection Act of ] 973 (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.
12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution
of environmental yuality control measures under the National Enviromnental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (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 { t6 U.S.C. §§ 1451 et seq.}; (fj 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).
13. Will comply with the Yb'ild and Scenic Rivers Act of 1968 (lb U.S.C. §§ 1271 et.seq.) related to protecting
compvnents 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 (l6 U.S.C. 470), EO 1 1593 {identification and preservation of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California
Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2, Section 8607.1(e} and CCR
Title 19, Sections 2445, 2446, 2447 and 2448.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984 and the Single Audit Act Amendments of 1996.
l7. 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. The state warrant covering federal financial assistance will be deposited in a special and separate
account, and will be used to pay only eligible costs;
b. 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.
Exhibit C
Page 3 of 5
18. 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).
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.
21. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, ? 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 276e 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 oFthe final working drawings and specifications
before the project is advertised or placed on the market for bidding; that it will construct the project, or cause
it to be constructed, to fnal 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.
2b. Will reyuire the faeiliry 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 (41 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 benetits.
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 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 g-rant or cooperative agreement;
2) (f 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 Ntember of Congress, an
Exhibit C
Page 4 of 5
officer or an employee of Congress, or ei7lployee 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;
3} 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 subcontracts} 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, Tide 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.
30. 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.
3 L Will comply with all applicable requirements of all other federal laws, executive orders, regulations and
policies governing Chis program.
32, As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFIt Part 17, Subpart F, for
grantees, as defined at 44 CFR ParC 17, Sections 17.615 and 17.620:
A. The applicant certifies that it will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on-going dn~g free awareness program to inform
employees about:
(1) The dangers of drug abuse in the workplace;
(2} The grantee's policy of maintaining adrug-free workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c} Making it a requirement that each employee to be engaged in the
performance of the grant to be given a copy of the statement required
by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee
will:
(l) Abide by the teens of the statement; and
(2) Notify the employee in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction.
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d) (2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
the applicable FEMA awarding office, i.e., regional office or FElv1A
office.
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is sv convicted:
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
Exhibit C
Page 5 of 5
requirements of the Rehabilitation AcC of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug free
workplace through implementation of paragraphs (a), (b), (c), {d), (e),
and (f}.
B. The grantee may insert in the space provided below the site(s) for the performance of
work done in connection with the spccitic grant:
Place of Perforrnance {Street address, City, County, State, Zip code)
Check ^ if there are workplaces on file that are not identified here,
Section 17.630 of the regulations provides that a grantee that is a State may elect to make one certification in each
Federal fiscal year. A copy of which should be included with each application for FEMA finding States and State
agencies may elect to use a Statewide certification. _,_,__,---
--~
.:»" _
The undersigned represents that helshe is authorized-~ the above named':applicant to enter into this agreement for and
on behalf of the said applicant. ~ ~~~
ATURi~''6~'1~UTHORIZED AGENT
_William S. Curry
PRINTED NAME
General Services
TITLE
March 23 2~~4
DATE
Exhibit C
Page I of 5
State of California
GOVERNOR'S OFFICE ON
SERVICE AND VOLUNTEERISM
{GO SERV)
GRANT ASSURANCES AND CERTIFICATIONS
APPLICANT NAME: County of Butte
(Name o rgamzauon
ADDRESS: 3-A County Center Dr.
CITY: Oroville STATE: California ZIP CODE: 95965-3334
TELEPHONE: _530-538-7373 FAQ NUMBER: 530-538-6760
AUTHORIZED AGENT: John Gulserian
TITLE: Emer~en_cy Services Officer
ASSURANCES -CONSTRUCTION PROGRAMS and NON-CONSTRUCTION
PROGRAMS
Note: Certain of these assurance 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, 1 certify that the applicant named above:
i. 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 persona] 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.
Exhibit C
Page 2 of 5
9. 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) 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; (e} 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. 91-61b), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Heaith
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 VI[I of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sa]e, 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 complied, with Che 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.
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. 43-234} which requires recipients in a special flood hazard area to
participate in the program and to purchase tlood 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 (F.L. 91-
190) and Executive Order (EO) 11514; (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 11988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (l6 U.S.C. §§ 1451 et seq.); (f} coafonnity 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. 43-205).
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 1 1593 (identiftcation and preservation of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (l6 U.S.C. 469a-1 et seq).
15. Will comply with Standardized Emergency Management (BEMs) 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.
1 b. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984 and the Single Audit Act Amendments of 1996.
17. f Ias 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. The state warrant covering federal financial assistance will be deposited in a special and separate
account, and will be used to pay only eligible costs;
b. 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.
Exhibit C
Page 3 of 5
t8. 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).
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.
2 L 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-
profitorganizations.
23. Wi11 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 advertised or placed on the market for bidding; that it will construct the project, or cause
iC 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, Chat 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 (41 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 pern~it 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) Na 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;
2) 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
Exhibit C
Page 4 of 5
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 be included in the award
documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative
agreements, and subcontracts} 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 3l, 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.
30. Agrees that funds awarded under this grant will be used Co supplement existing funds for program activities,
and will not supplant (replace) non-federal funds.
31. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and
policies governing this program.
32. As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for
grantees, as defined at 44 CFR Part 17, Sections 17.615 and 17.620:
A. "fhe applicant certifies that it will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
(b} Establishing an on-going drug free awareness program to inform
employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occumng in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant to be given a copy of the statement required
by paragraph (a};
(d) Notifying the employee in the statement required by paragraph {a)
that, as a condition of employment under the grant, the employee
will:
(I}Abide by the terms of the statement; and
(2) Notify the employee in writing of his or her eanviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction.
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d} (2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to
the applicable FEMA awarding office, i.e., regional office or FEMA
office.
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d}(2}, with respect to any
employee who is so convicted:
(1 }Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
Exhibit C
Page 5 of 5
requirements of the Rehabilitation Act of 1973, as amended;
or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or loca] health, law
enforcement, or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug free
workplace through implementation of paragraphs (a), (b}, (c), (d), (e),
and {f).
The grantee may insert in the space provided below the site{s) for the performance of
work done in connection with the specific grant:
Place of Performance (Street address, City, County, State, Zip code)
Check ^ if there are workplaces on file that are not identified here.
Section 17.630 of the regulations provides that a grantee that is a State may elect to make one certification in each
Federal fiscal year. A copy of which should be included with each application for FEMA funding States and State
agencies may elect to use a SCatewide certification.
The undersigned represents that helshe is authorized by the above named applicant to enter into this agreement for and
on behalf of the said applicant.
I
- -..
-- --- __
5~, ATURE OF AUTHORIZED AGENT
John Gulserian ___
PRINTED NAME
Emergency Services Officer
TITLE -- - -
March 23 2004 _ _
__.. _
DATE