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HomeMy WebLinkAbout04-060RESOLUTION APPROVING APPLICATION FOR FY04 EMF;RGENCY MANAGF,MENT PERF'ORMANCF, GRANT PROGRAM WHEREAS, the Butte County Board of Supervisors is the govcn~ing body of the Butte County Operational Area; and WHEREAS, the County oi` Butte recognizes the need to participate in programs that enhance the preparedness of local response agencies to natural and man-made emergencies: and WHEREAS, the FY04 Emergency Management Performance Grant Program will provide up to $50,1 12 in funds to support. activities that contribute to the mitigation, prevention, preparation, response and recovery from emergencies and disasters, whether natural or man-made; and WHEREAS, the resources provided by the grant will meet the stated goals of the Butte County Emergency Services Council, which represents the incorporated and unincorporated jurisdictions of Butte County. NOW THERFORF., [T IS HEREBY PROCLAIMED AND ORDERED that the Butte County Emergency Services Officer shall apply [or the funds available from the FY04 State Emergency Management Pcrfonnance Grant Program; and 1"T lS FURTHER PROCLAIMED AND ORDERED; that the Butte County I3oard of Supervisors gives the following assurances listed in the revised Attachment A; and 1"1' IS FURTHER ORDERED; that William S. Curry, General Services Director, and John Gulserian, Imergency Services Officer of Butte County, are hereby designated as authorized representatives ofthe County of Butte for the purpose of receipt, processing, and coordination of all inquires and requirements necessary to obtain the assistance provided by the FY04 State Emergency Mana~~ement Pcrfornance Grant Program. PASSED AND ADOPTI?U By The Butte County Board of Supervisors the 27th day of April 2004 by the following vote: AYES: Supervisors Dolan, Hour, Josiassen., Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None - , ~ ~ -- ~_ AT'1'F;S'I': PAUL MCINTOSII, Chief Administrative Officer And Clerk of the Board of Supervisors R. ,1. BEI:LF,R, Chair I3y:----== --=---=-- --- [)eputy Grant Assurances Name of Applicant: William Cunt' Address: 3-A County Center Drive City: Oroville State: CA Zip Code~5965-3334 Telephone Number: ~530~538-7373 Fax Number: (530 538-6760 E-Mail Address: bcurry a,buttecounty.net 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 has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and subgranted through the State of California. 2. Will assure that grant funds are 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 performance 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 for 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 IV 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; FY 04 EMPG Grant Guide for Local Government 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 l 970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. Sections 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 44, Code of Federal Regulations, Part 19; j. Any other nondiscrimination provisions in the specific statutes} under which application for federal assistance is being made, and k. The requirements on any other nondiscrimination statute(s) which may apply to the application. 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) ] 1514; 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 FY 04 EMPG Grant Guide for Loca] Government 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 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. 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. FY 04 EMPG Grant Guide for Local Government 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 sub- agreements. 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" and 44 CFR Part 17. 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 subawards 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. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement 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) funds that have been appropriated for the same purpose. FY 04 EMPG Grant Guide for Local Government 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 44, Code of Federal Regulations, Part l 3, that govern the application, acceptance and use of Federal funds for this federally-assisted project. 27. 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. 28. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 29. 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 Coasta] Barrier Resources System. 30. 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. 31. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the a>~ove named applicant to enter into this agn-eement for and on behalf of the said applicant. Signature of Authorized Agent: .~-'=~ _. __ __ ,% Printed Name of Authorized Agent: William S. Curry Title: General Services Director Date:_April 12, 2004 FY 04 EMPG Grant Guide for Local Government 10 Grant Assurances Name of Applicant: John Gulserian Address: 3-A County Center Drive City: Oroville State: CA Zip Codeg5965-3334 Telephone Number: L530~_538-7373 Fax Number: (530 538-6760 E-Mail Address: i;;ulserian(a~buttecounty.net 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 has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and subgranted through the State of California. 2. Will assure that grant funds are only used for allowable, fair and reasonable costs. 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 performance 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 for 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 IV 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; FY U4 EMPG Grant Guide for Local Government 6 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. Sections 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 44, Code of Federal Regulations, Part 19; j. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and k. 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 FY 04 EMPG Grant Guide for Local Government 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. l 3. 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 $ l 00 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 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. 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. FY 04 EMPG Grant Guide for Local Government 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 sub- agreements. 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" and 44 CFR Part 17. 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 al] subawards 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. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement 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) funds that have been appropriated for the same purpose. FY 04 EMPG Grant Guide for Local Government 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 44, Code of Federal Regulations, Part 13, that govern the application, acceptance and use of Federal funds for this federally-assisted project. 27. 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. 28. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 29. 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. 30. 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. 31. Understands that failure to comply with any of the above assurances nay result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: ~/~. L Printed Name of Authorized Agent: John Gulserian Title: Emergency Services Officer Date:_April l2, 2004 FY 04 EMPG Grant Guide for Local Government 1 ~