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HomeMy WebLinkAbout40-Fire Department --" '"~,,,,.,,.,,,,-~ '" ,'" ," .'''!'~"'~' "~ ".,."'.,....,...~., "..... -"-'~'-"T^l-~r CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Dennis Reichardt, Deputy Chief Subject: Resolution authorizing the San Bernardino City Fire Department to apply for and administer the FY 2005 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant submitted to the Department of Homeland Security Federal Emergency Management Agency. Dept: Fire Date: June 14, 2005 MC/C Meeting Date: June 20, 2005 Synopsis of Previous Council Action: ORIGINAL 06/14/05 Grant Ad Hoc Committee-Item recommended for approval. RECOMMENDATION: Adopt resolution. Q~G2~~ Signature Contact Person: Dennis Reichardt. Deoutv Chief Phone: (909) 384-5286 Supporting data attached: StaffReoort. Resolution. and Aoolication Ward: Citywide FUNDING REQUIREMENTS: Amount: Source: $300.000 (over a 5-vear period) FEMA's Grant Funding Share Amount: Source: $1.166.463 (over a 5-vear oeriod) To be determined uoon award of grant. Finance: Council Notes: / ~. ~f)IJ,~ - d-r/ ~ Agenda Item No. l/ () ~n .."."'.'"..~:::'~~ STAFF REPORT SUBJECT Resolution authorizing the San Bernardino City Fire Department to apply for and administer the FY 2005 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant submitted to the Department of Homeland Security Federal Emergency Management Agency. BACKGROUND The Department of Homeland Security has announced the availability of grant funding for Fiscal Year 2005 Staffing For Adequate Fire and Emergency Response (SAFER) Grant Program. The on-line application period opened on May 31,2005 and is scheduled to close on June 28, 2005. SAFER assists fire departments throughout the United States by awarding grants directly to fire departments to enhance their ability to protect the health and safety of the public, as well as that of firefighting personnel facing fire and fire-related hazards. SAFER is a new program, with this year being the first year the highly competitive SAFER grants have been available. This year, $65 million is available nationwide for the hiring of new firefighters. Priority for SAFER grant applications will be given to those Fire Departments who are seeking grant funding to be in compliance with National Fire Protection Association (NFP A) 171 0 - industry standards for having a minimum four-personnel staffing for the first arriving engine on a fire scene. Priority will also be given to applicants whose newly hired firefighters are certified at the Firefighter 1 level within the first six months of employment. The City of San Bernardino and the San Bernardino Professional Firefighters have agreed through a Memorandum of Understanding (MOV) that the City would phase in an additiona121 firefighter positions beginning in FY 04/05 through FY 08/09, including 12 personnel for the new Verdemont station. The other nine (9) additional firefighters will ensure that four personnel are on every engine company so that firefighting operations can be carried out more efficiently. Fire is requesting authorization to submit this grant application to help fund three (3) of these new firefighters that are planned pursuant to the MOU (attachment "A"). Deadline for the grant application is June 28, 2005; there are no exceptions. The performance period for the grant will start when the grant is awarded and will end five years after the performance period begins. The SAFER grant requires Grantees to maintain their current staffing levels as declared at the time of application, plus the new firefighter positions, throughout the five-year performance period. FINANCIAL IMPACT The Federal share of salarieslbenefits is limited to a total of $100,000 per position over the five- year performance period, with the Federal share decreasing over the five-year period while the 1 ~ ~ ~ ~ u__ '0 <,~, ,'~ ~"~' '",,~ -.--C---"-""__"_,};~~i?I;!,_,>_~_: """"~":=<, :-- city's share increases. The total amount needed to fund these positions is $1,466,463 for the five-year performance period. The Department of Homeland Security's grant share for this period will be $300,000 and the City's match will be $1,166,463, will need to be funded by the General Fund, if awarded. The total estimated amount needed to fund all three firefighter positions for the five-year period, including both the City's match and the Department of Homeland Security's grant contribution is detailed below: U.S. Department of Homeland Security Grant Contribution City Contribution Year One Year Two Year Three Year Four Year Five $108,000 96,000 60,000 36,000 -0- $147,004 176,854 231,954 276,392 334,259 (Note: Salary and benefit cost calculations above do not include overtime.) If the Fire Department is awarded this grant, a staff report requesting a budget amendment to appropriate the required funds will be brought back to the Mayor and Common Council for approval. The Fire Department's match, in the amount of $1,166,463, will need to be funded by the General Fund in fiscal year 2005/2006 if awarded. RECOMMENDATION Adopt resolution. 2 ---., o o 25 26 0 27 28 - , .'---'=:"=.'"'::'''!:~'.,. ~""," RESOLUTION NO. t~IPY 2 RESOLUTION OF THE MAYOR AND COl\'IMON COUNCIL OF THE CITY OF SAN BER.'lARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO APPLY FOR AND ADMINISTER THE FY 2005 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (S.A.F.E.R.) GRANT SUBMITTED TO THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY. 3 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor and Common Council hereby authorize the Fire Chief or his 9 designee to sign and submit the on-line grant application to the Department of Homeland Security 10 Federal Emergency Management Agency for the FY 2005 Staffing For Adequate Fire and II Emergency Response Grant Program. A copy of the on-line grant application is attached as 12 Attachment "A", and incorporated herein by reference. 13 IIII IIII IIII IIII II II IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII No.4D 1 fpf~/D 14 15 16 17 18 19 20 21 22 23 24 ~rr. o o 26 o 27 19 20 21 22 23 24 25 28 t ~... ="""~2"{-::"F,,,,,~":,,:,!~r:f.,~_,:,,,,_ _.~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA~ BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTME:\'T TO APPLY FOR AND ADMINISTER THE FY 2005 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (S.A.F.E.R.) GRANT SUBMIT"ED TO THE DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY. 2 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the 7 day of 8 9 Council Members: 10 ESTRADA 11 LONGVILLE 12 MCGINNIS 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 , 2005, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this Approved as to form and legal content: James F. Penman, City Attorney + ) B~: ~ -l<-"r 7 . t. ("::z.."'-....... day of ,2005. Judith Valles, Mayor City of San Bernardino 2 -,~" rrint Application Entire Application o Overview o o Page I of 17 Are you a member, or are you currently involved in the management of the fire department or organization applying for this grant with this application? Yes, I am a member/officer of this applicant If you answered No. pfease complete the information below and press the Save and Continue button. If you answered Yes. please do not complete the information requested below and press the Save and Continue button. Note: If you answered No to the above question. the fields marked with an . are'required. . Preparer's Name . Address 1 Address 2 . City . State . Zip Preparer Information Rick Blackburn 200 East Third Street San Bernardino California 92410 - . Is there a grant-writing fee associated with the preparation of this request? If you answered yes above, what is the fee? No $ L.....__ __ liu _ ~ _1 r_ _ _ _ _ IL.9 o o o .1.:. Print ApplicatIOn Contact Information , Title Prefix , First Name Middle Initial , Last Nam~ , Business Phone 'Home Phone Mobile Phone/Pager Fax 'E-mail 'Title Prefix , First Name Middle Initial , Last Name , Business Phone 'Home Phone Mobile Phone/Pager Fax 'E-mail L....__. 11_ __ ___1 i:'_~__ _ _ _ _ _Ie- -'-""'1'!':--",,':):s.~~'!>~~. '"^'"""",;;'tt,",' ,'- 'C__"-CC~,'_".",_""-".i;;'~.<"n ,>.,,,,',.,- Alternate Contact Information Number 1 Fire Chief Mr. Larry R Pitzer 909-384-5286 Ex!. 909-384-5286 Ex!. 909-384-5281 pitzeUa@sbcity.org Alternate Contact Information Number 2 Administrative Analyst Ms. Norma Camarena 909-384-5286 Ex!. 1129 909-384-5286 Ex!. 1129 909-384-5281 camarena _ no@sbcity.org .". 'O'-"W"~-'"~~"':-O~_-_" ''__._ . Page 2 of 17 ~,~_"c",,""", "r~' ...... o o o " f"" U~H.n "". "'<'~"'."",.'":-~~......-.- -~;""""""""""':y~"--,,,,"=,,,= ,Print Application Applicant Information . Organization Name . What kind of organization do you represent? If you answered combination, above, what is the percentage of career % members in your organization? . Type of Jurisdiction Served If other, please enter t~e type of Jurisdiction . t;.mQ!QYE;lL!9~llti~cati.QD}~JJJT!P~r . Are you sharing an EIN with another organization? If yes, please enter the name of the entity with whom you share an EIN . Does your organization have a DU/'iS.N~,-mQj:lr7 If yes, please enter the Q1ms. Nym.QE;ll Headquarters Physical Address . Physical Address 1 Physical Address 2 . City . State 'Zip Mailing Address . Mailing Address 1 Mailing Address 2 . City . State 'Zip Account Information . Type of bank account . Bank routing number -!itQlgj! number on the bottom left hand corner of your check 'Your account number Additional Information . For this fiscal year (Federal) is your jurisdiction receiving Federal funding from any other grant program that may duplicate the purpose and/or scope of this grant request? . If awarded this grant, will your jurisdiction expend greater than $500,000 in Federal share funds during the Federal fiscal year in which the grant was awarded? . Is the applicant d~l[nqu~!lLQ.njmyf~Q~J~LQ~..Q!? If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: ,,,. , ,'" "., """ ,- ""':-'f"'Yo'~~-~"-"":".':"""-:C:~: ._'-.. :<':~'"" ,... Page 3 of 17 City of San Bernardino Fire Department All Paid/Career City 95-6000772 No Yes 143532153 200 East Third Street San Bernardino California 92410 - 4889 Need hJ~jp lQL;; !P!~? 200 East Third Street San Bernardino California 92410 - 4889 Nee9_h~p for;::IP+~1 Checking 121000248 4159283308 No No No The City of San Bernardino will expend greater than $500,000 in Federal Share funds during Fiscal Year 2005- 2006 including: Metropolitan Medical Response System funds, State Homeland Security Grant funds, and ~ o o o ,_~,,"~'o'---c-.-"= Print Application '0 _ ,_c__ --.n---_~--~___, '-' -0' "~~<I1"""O"','O.._,'" '''''-'''If-'S~''f'im.Pli'''~".._._. Page 4 of Ii Assistance to Firefighters funds, httns:/lnortaL fema,I!Q\'/firel!rant/isn/safer2005/annlication/nrint :mn i<;n?nrint=tnli"~:lnn n fill <1I?OO<; o o o __~~"~,,~" ,,,TCV'" . "~Y~'. ."'''''R'';'''': .....~.:.;f'-...:c:;..--"" "'"-"''''_'-',,"''C:'''-'''''':'''''~~._.._.,. .~__'~__'."~ ~ Print Application Page 5 of 17 Applicant Characteristics (Part I) . Are you a member of a Fire.Oep<!r!mentor authorized representative of a fire department? . Are you a member of a Federal Fire Department or contracted by the Federal government and solely responsible for suppression of fires on Federal property? . Does your organization protect critical infrastructure of the state? Yes No Yes . Please indicate the type of community your organization serves. Urban . How many commercial, industrial, residential, or institutional structures in your jurisdiction are more than four stories tall? . What is the permanent resident population of your Prim<;lry/Ejr~l-.QJJe B.e$Q.QO$e..Ar!3;;! .QrjlJrj~gj~!LQ.n ~~ryed? 17 205942 . Please indicate if your department has an automatic/mutual aid agreement with another community or fire department and the type of agreement that exists. The objective of SAFER is to increase the on-duty strength of fire departments. The following questions are designed to help us understand the changes that will occur in departments receiving grants. For the following 4 questions only list the number of "firefighter" positions. Do not include company or command officer positions. . At the time of application, how many authorized and funded active, full-time firefighter positions are in your 155 department? . At the time of application, how many active volunteer 0 firefighters are in your department? . If awarded this grant, how many authorized and funded active full-time firefighter positions will be in your department? . If awarded this grant, how many active volunteer firefighters will be in your department? . How many stations are in your organization? . Do you currently report to the National Fire Incident Yes Reporting System (NFIRS)? Mutual aid 158 o 12 httn~./!nnrt~l fpm~ onv/firpOT~nt/lc;:n/C::!afp"'?()()'/!annl;"'-:lt;nn/nrint ann ;cn?nrint=h~l':'l',,,,_.,.,, '" ~/ll1 /'J(\(\, o o o ,-;<!,!,f7'''"-'''--->---- ~ ~ , " "-n~_",._.",>o . Print Application Page 6 of 17 Applicant Characteristics (Part II) . What is the total number of fire-related civilian fatalities in your jurisdiction over the last three years? . What is the total number of fire-related civilian 18 injuries in your jurisdiction over the last three years? . What is the total number of line of duty member fatalities in your jurisdic;tion over the last three years? . What is the total number of line of duty member 5 injuries in your jurisdiction over the last three years? . In an average year, how many times does your organization receive automatic/mutual aid? . In an average year, how many times does your organization provide automatic/mutual aid? . What is your department's operating budget 27373700 (including personnel costs) for your current fiscal year 24851947 and what was your budget for the last three fiscal 23523460 years? 21041819 . What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? 100 % 13 o 292 244 Grants? Donations? Fund drives? 0% 0% 0% Other? 0 % If you entered a value into Other field (other than 0), please explain 1.. II ,,.. o o o =~,w,,,,,,,,,' ,~ ' _Mil :~-?:~":'~-7'~"'=~.=~ . Print Application Page 7 of 17 Department Call Volume . How many responses per year by category? (Enter whole numbers only: If you have no calls for any of the categories. enter 0) Structural Fires 420 Vehicle Fires 301 vegetation'ires 281 EMS 23856 Rescue 17 Hazardous Condition/Materials Calls 271 Service Calls 428 Good Intent Calls 187 False Alarms 1056 Other Calls and Incidents 489 o o o ~- ~'V' ,,~,-~. """~ ~,,~ , Print Application Request Details The activity for your organization is listed in the table below, Activity H irin~.Ei.@fight{lI~ Hiring Firefighters * 1. The Hiring of FF activity requires a considerable cost-share on behalf of the applicant and/or its governing body, As such, it is imperative that the local governing body be aware of and support this application. Have you, as the applicant, discussed this application and its long-term obligations with your governing body and is your governing body willing to accept this long term commitment? * 2. If awarded a hiring grant, will the newly added firefighters be trained to at least Firefighting I or equivalent within 6 months of employment? * 3. If awarded a hiring grant, will the newly added firefighters be . trained to at least Firefighting II or equivalent within 24 months of employment? * 4. If awarded a hiring grant, will the newly added firefighters be trained within 24 months of employment to at least the minimum level of EMS certification as established by the local fire department? * 5. Given the number of structure fires indicated in the "Call Volume" screen of your application, how many times did you assemble the minimum number of firefighting personnel at the scene in compliance with either NFPA 1710 or NFPA 1720? . 6. With staffing requested in this application and given the number of structure fires indicated in the "Call Volume" screen of your application, how many times would you estimate you would have been able to assemble the minimum number of firefighting personnel at the scene in compliance with either NFPA 1710 or NFPA 1720? . 7. What is the current staffing level on your first arriving engine company or vehicle capable of initiating suppression activities? . 8., Is your request for hiring firefighters based on a risk analysis and/or a staffing needs analysis? If Yes, describe how the analysis was conducted. . 9. If awarded a grant for hiring additional firefighters, will you provide them with an entry-level physical in accordance with NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments 2003 Edition, Chapter 6? Budget Item . How many full-time firefighter positions, including job- 3 shares, are you requesting? If you are requesting assistance to fund a position that '.,~"",~~" " -- Number of Entries Yes Yes Yes Yes 244 277 3 No Yes Page 8 of 17 - ]T-~ . ~ "CC'.'_~"~~P~_".""'"''r''' c'c',," c~~"/'''cc",,,,...,..~~..,.~~.-. ~'.-~_.' . Print Application Page 9 of 17 o would be "shared" by more than one individual, Le., for job-share. please indicate how many individuals would fill that position and provide an explanation as to why the position is shared. . What is the annual starting salary for firefighters in your department? . What is the average benefit rate for your department (as calculated as a percentage of the annual salary)? . If awarded, what is your estimate of the average annual increase in salary for these firefighting positions as a result of step increases, cost-of-living adjustments. incentive pay. etc.? Show this figure as a percentage of the annual salary. 59400 43.1% 7% Budget Budget Matrix First Second Third Fourth Fifth 12-Month 12-Month 12-Month 12-Month 12-Month Total Period Period Period Period Period eer.SQr:m~1 178.200 190,674 204,021 218,303 233,584 1,024,782 6eneJJls 76,804 82,180 87,933 94,089 100,675 441,681 Federal Share 108,000 96,000 60,000 36,000 0 300,000 0 Applicant Share 147,004 176,854 231,954 276,392 334,259 1,166,463 Total: 255,004 272,854 291,954 312,392 334,259 . 1,466,463 o o o o . Print Application Page 10 of 17 Narrative Statement Project Description . Please provide your narrative statement in the space provided below. SAFER 2005 Narrative for Hiring Firefighters Activity City of San Bernardino The City of San Bernardino needs SAFER grant funds in order to adequately provide a safe working environment for our firefighting personnel [29 CFR 1960.8(a)] and to provide for the safety and well-being of the community. Specifically, the city will use these grant funds to bring our emergency operations staffing up to levels that are consistent with NFPA 1710 recommendations for staffing and response times. The grant funds will be used to hireJhree (3) new firefighters in order to assist in meeting four-person staffing of engine companies. These new firefighters will be a benefit to the fire department and the community by providing better service to the community and providing the ability to have 2 - In 2 - Out (4 person staffing) on responses. Currently, the department staffs seven of its twelve stations with only three personnel per shift. Because OSHA regulations do not allow firefighters to enter a hazardous atmosphere. such as those found at a structure fire, without a minimum of four people, those stations that have only three personnel are limited in what they can accomplish in a fire emergency. This is one of the primary reasons NFPA 1710 recommends having a minimum of four personnel arrive at a fire scene before firefighting operations begins. The delay that having only three people causes during initial attack operations significantly reduces the possibilities of firefighters entering a burning structure to affect a rescue. By increasing the staffing on units from three to four, rescue and suppression operations can occur faster and more efficiently, which increases the odds of survival to the occupants. Increased staffing on the fireground has also been proven to decrease firefighter injuries and fatalities, and improve the efficiency of fireground operations. The City of San Bernardino does not have the necessary financial resources to increase staffing to a 2 In - 2 Out level. Without these grant funds, the City will not be able to hire these new firefighters, thus placing its' current firefighters at greater risk to injury or death and placing the community at greater risk of loss of life or . property. The City of San Bernardino will ensure, to the extent possible, that we will seek, recruit, and hire members of racial and ethnic minority groups and women to increase their ranks within our department. The City of San Bernardino plans to meet the match requirements for the five years required under the grant award by using General Fund monies where possible. The City of San Bernardino's long-term plans is to retain the new firefighters positions through City General fund monies and both Federal and State grants where possible. The City of San Bernardino will not discriminate against or prohibit firefighters, filled under the SAFER grant, from engaging in volunteer activities in another jurisdiction during off-duty hours. . Please describe any grants that your department has received from DHS including the AFG. For example: 2002 AFG Fire Engine, 2003 UASI Equipment... (Enter "N/A" if Not Applicable) The City of San Bernardino Fire Department has received the following grants from the Department of Homeland Security: 2002 Assistance to Firefighters - Wellness Program; 2003 Assistance to Firefighters - EMS equipment; 2004 Assistance to Firefighters - communications and personal protective equipment; 2004 Metropolitan Medical Response System - hazardous materials response and mass care incident response equipment and training; and State homeland Security Grant Program - equipment. o o o .. . Print Application Page 11 of 17 Assurances and Certifications Form 20.16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an 'are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 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 project costs) to ensure proper planning, management and completion of the project 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 establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 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). 6. Will comply with all Federal statutes 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. Sections 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. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 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 Acts of 1968 (42 U.S.C. Section 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 Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform o o o . Print Application Page 12 of 17 Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair ::md equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. 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. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Cohtract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 1 02(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 flood plains 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. Section 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. Section 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. Section 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 protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. 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. 15. 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. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours 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. ,-'---- - ,,---.- .______--~__n_._ OH , __, . Print Application Page 13 of 17 Signed by Norma Camarena on 06/14/2005 o o o o o o ," - -.----.-. -- - --, . Print Application Page 14 of 17 Form 20-16C You must read and sign these assurances by providing your password and checking the box at the bottom of this page. ' Note: Fields marked with an . are required. Certifications Regarding Lobbying, Debarment. Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide RequirementsJor Drug-Free Workplace (Grants)," The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies 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 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 employee of congress, or an employee of a Member of Congress in connection with this 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 the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any,Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 lib) of o o o Print Application Page 15 of17 this certification: and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-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 grantees 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 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: (1) Abide by the terms 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 DHS awarding office, Le. regional office or DHS office. (f) Taking one of the following actions, against such an employee, 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 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 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). t......._..../1_....-+"'1 t"....._.... ............./.t':.."""............+/~..._1,..^+'^.."f\f\C.1^__1:"'...+~...._1_..:._+ ...__ :..._'1_....:.......-.._..""'R..,..__ _ ~/l AI'l""C - ,-~ . Print Application Page 16 of I 7 (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: 0 Place of Performance Street City State Zip Action 200 East Third Stree San Bernardino California 92410 -4804 1201 West 9th Street San Bernardino California 92411 -2213 2121 North Medical Center Drive San Bernardino California 92411 -1289 2641 North E Street San Bernardino California 92405-3425 1640 Kendall Drive San Bernardino California 92407 -2800 1920 Del Rosa Avenue San Bernardino California 92404 -5641 282 West 40th Street San Bernardino California 92407-3706 3398 East Highland Avenue Highland California 92346 -2106 502 South Arrowhead Avenue San Bernardino California 92408-2040 202 Meridian Avenue San Bernardino California 92410 -1330 450 Vanderbilt Way San Bernardino California 92408-3552 6065 North Palm Avenue San Bernardino California 92407-2025 If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. o Section 17.630 of the regulations provide 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 DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Norma Camarena on 06/14/2005 o __---*-~1 r"_____ ___.Ir.~________...i~__I__r__""^^~/___l~__..~__I_-=_. ___ =__1")_...:_.._.._....0.,..__ .... ~/1 AI"f\f\~ o o o '.' ,0',' " Print Application Page 17 of 17 FEMA Standard Form LLL Only complete if applyi'19 for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definlfion. This form is not applicable ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ . ) f)/ 0 ( Item # Vote: AyeS~ Nays Change to motion to amend original documents 0 11D Resolution # ~5 ~ ;)()/ Abstain Companion Resolutions Absent Null/Void After: .. days / Resolution # On Attachments: 0 t. Note on Re:''Ution of attachment stored separately: 0 ~ PUBLISH 0 POST 0 RECORDW/COUNTY 0 Date Sent to Mayor: ~ ~ -y';-. o.~ ~. Date of Mayor's Signature: fRtr-? 105' __ Date of Clerk/CDC Signature: ~'r;.~ By: Reso. Log Updated: Seal Impressed: ~ Date Memo/Letter Sent for Signature: 1'1 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 I // Yes_ Yes Yes Yes Yes No~ By_ No'_ By_ NO~ By_ NO,..,AY- No By_ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders(64~,~, 6429,6433,10584,10585,12634): Updated CDC Personnel Folders (5551): " Updated Traffic Folders (3985, 8234, 655,92-389): Copies Distributed to: ;~~ Animal Control 0 EDA 0 Information Services 0 ~ ~ .", ii City Administrator ~ Facilities V Parks & Recreation 0 City Attorney ~~ Police Department 0 Code Compliance 0 Fire Departmen Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File: / Revised 12/18/03