HomeMy WebLinkAbout26- Fire ' CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTIONO R 1 V I 1 Y A L
From: Mat Fratus, Deputy Chief Subject: Resolution ratifying the submittal of the sub recipient
agreement and budget detail worksheet for the FY
2010 Emergency Management Performance Grant to
Dept: Fire the San Bernardino County Fire Department, Office
of Emergency Services.
Date: October 11, 2010 MC/C Meeting Date: October 18, 2010
Synopsis of Previous Council Action:
09/14/10 Grants Ad Hoc Committee-Item recommended for approval. Attendees: Council Members Chas
Kelley, Wendy J. McCammack, and Jason Desjardins.
RECOMMENDATION:
1. Adopt resolution; and
2. Authorize the Director of Finance to amend the FY 2010-11 Adopted Budget to reflect the additional
$10,933 funds above the budgeted amount in the Disaster Preparedness Reimbursement revenue account
(account no. 001-200-4615).
Signature
Contact Person: Don Feser, Emergency Services Manager Phone: 384-5286
Supporting data attached: Staff Report, Resolution, Agreement, and Budget Worksheet Ward: Citywide
FUNDING REQUIREMENTS: Amount: $38,733 (in grant revenues if awarded)
Source: 2010 Emergency Management Performance Grant
(Acct No.) 001-200-4615
Amount: $38,733
Source: City's match is cash(non-Federal funds) or in-kind
(Acct No.) 001-200-50XX-0000-0044
Fire & EMS Program-Personnel Services
Finance:
Council Notes: 7SO o24�0 —3
Agenda Item No. P
(0-1�'20l
STAFF REPORT
SUBJECT:
Resolution ratifying the submittal of the sub recipient agreement and budget detail worksheet
for the FY 2010 Emergency Management Performance Grant to the San Bernardino County
Fire Department, Office of Emergency Services.
BACKGROUND:
On August 4, 2010, the San Bernardino County Fire Department, Office of Emergency
Services (OES) announced the availability of grant funding for FY 2010 Emergency
Management Performance Grant (EMPG). The purpose of the FY 2010 EMPG is to support
comprehensive emergency management at the local level and to encourage the improvement
of all-hazards mitigation, preparedness, response, and recovery capability. Funds provided
under the EMPG program must be used to support local emergency management activities
that contribute to the San Bernardino County Operational Area response capability. The
EMPG program requires a completion of the sub recipient agreement and worksheet to be
submitted to the County OES by September 9, 2010.
Due to the short time frame, the Fire Department submitted the agreement and worksheet to
the San Bernardino County Fire Department OES on September 7, 2010. Therefore, the Fire
Department is requesting ratification of the submittal in order to participate in the FY 2010
EMPG (Exhibit A). This is an annual grant program in which the County OES allocates grant
funding on a per capita basis through an allocation matrix (Attachment A). The EMPG
program criteria and funding distribution is based on the State fiscal year cycle. The FY 2010
EMPG allocation to the City of San Bernardino is $38,733 and the performance period is
from July 1, 2010 to June 30, 2011.
There is a dollar-for-dollar match requirement in cash, in-kind or combination thereof to
participate in the FY 2010 EMPG program. The Fire Department proposes an in-kind match
of salary and benefits of the EMS Coordinator to secure the grant amount of $38,733. The
grant funds will also be used to support this position which will be responsible for developing
a strategy to dispense pharmaceuticals or other commodities to the public in the event of a
pandemic or other disaster.
On September 14, 2010, the Fire Department attended the Grants Ad Hoc Committee to
discuss the submittal of the FY 2010 EMPG budget detail worksheet. The Grants Committee
recommended that the Fire Department proceed with the submittal of the grant budget detail
worksheet and to submit a request to the Mayor and Common Council ratifying the budget
detail worksheet submittal.
1
FINANCIAL IMPACT:
By accepting this grant, the City will receive $38,733 towards the disaster preparedness
staffing on a reimbursement basis. The final reimbursement request for the grant period must
be submitted to the County on or before June 30, 2011. As the FY 2010-11 budget included a
projection of$27,800 in revenue for this program, an appropriation adjustment is necessary to
recognize the $10,933 additional revenue to the Disaster Preparedness Reimbursement
revenue account(account no. 001-200-4615).
The in-kind match will be provided through a portion of the remaining allocation associated
with the EMS Coordinator position. The grant provides that the matching contribution can be
cash or in-kind, as long as no federal funding contributions are used for the required match.
Therefore, there will not be any additional cost to the City.
RECOMMENDATION:
1. Adopt resolution; and
2. Authorize the Director of Finance to amend the FY 2010-11 Adopted Budget to reflect the
additional $10,933 funds above the budgeted amount in the Disaster Preparedness
Reimbursement revenue account(account no. 001-200-4615).
2
CF
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE SUB RECIPIENT
4 AGREEMENT AND BUDGET DETAIL WORKSHEET FOR THE FY 2010
EMERGENCY MANAGEMENT PERFORMANCE GRANT TO THE SAN
5 BERNARDINO COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY
6 SERVICES.
WHEREAS, in order to comply with a September 9,2010, application deadline,
7
the City of San Bernardino Fire Department has submitted the sub recipient agreement and
8
budget detail worksheet for the 2010 Emergency Management Performance Grant;
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
11 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. The Mayor and Common Council hereby ratify the Fire Chiefs
13 submittal of the sub recipient agreement and budget detail worksheet to the San
14 Bernardino County Fire Department, Office of Emergency Services for the 2010
15
Emergency Management Performance Grant in the amount of$38,733. A copy of the sub
16
17 recipient agreement and budget detail worksheet is attached as Exhibit "A" and
18 incorporated herein by reference.
19
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE SUB RECIPIENT
2 AGREEMENT AND BUDGET DETAIL WORKSHEET FOR THE FY 2010
3 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO THE SAN
BERNARDINO COUNTY FIRE DEPARTMENT, OFFICE OF EMERGENCY
4 SERVICES.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2010, by the following vote,to
8
wit:
9
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ
12 DESJARDINS
13 BRINKER
14 SHORETT
15 KELLEY
16
JOHNSON
17
18 MCCAMMACK
19
Rachel G. Clark, City Clerk
20 City of San Bernardino
21
22 The foregoing Resolution is hereby approved this day of , 2010.
23 Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAME F. PENMAN, City Attorney
27
By: `
28
2
Phis#orm must be completed and submitted to County OES�r September 9,2010,
FY2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT(EMPG) PROGRAM
SUB RECIPIENT AGREEMENT
Name of Sub Recipient San Bernardino City Fire Department
Address: 200 East Third Street
City: San Bernardino State: CA Zip Code: 92410
Telephone Number: (909) 384-5286
E-Mail Address: ,tirad-mi@sbcity.org
In acceptance of the fiscal year 2010 Emergency Management Performance Grant Program funds,
the above referenced Sub Recipient understands and agrees to the following Federal Grant Guides:
1. Understands and agrees to the following Federal Grant Guides in acceptance of the fiscal year
2010 Emergency Management Performance Grant funds, CFDA 97.042, funded by the U.S.
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)
and sub-granted through the State of California, California Emergency Management Agency
(Cal EMA).
2. 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.
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
agency directives.
4. 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.
5. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
6. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 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).
7. 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
FY2010 EMPG PROGRAM
SUB RECIPIENT AGREEMENT
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discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-2S5), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to non-discrimination 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 0) the requirements of any other nondiscrimination
statute(s) which may apply to the application.
8. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide 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 interests in
real property acquired for project purposes regardless of Federal participation in purchases.
9. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 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.
10.Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to
276a7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-33.3), regarding labor standards for
federally assisted construction subagreements.
11.Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93234)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 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 (Clear Air) Implementation Plans under Section 176(c) of the Clear 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)
co
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SUB RECIPIENT AGREEMENT
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protection of endangered species under the Endangered Species Act of 1973, as amended,
(P.L. 93-205).
13.Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
14.Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 469a-1 et seq.).
15.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.
16.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.
17.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.
18.Will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher
Learning and other Non-profit Institutions. A copy of the jurisdictions most recently filed
Single Audit Report must be forwarded to County OES.
19.Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations and policies governing this program.
20.Sub Recipient shall submit (to County Fire/OES) a copy of their procurement policies and
adhere to such policies as specified in the OMB Circular, and shall comply with the financial
and administrative requirements set forth in the current editions of the Office of Justice
Programs (OJP) Financial Guide.
21.Sub Recipient shall attach Request for Proposals, bid advertisements, and/or a list of quotes
from qualified vendors, etc. to Reimbursement Requests when procurement policies require
such procedures in the purchasing of grant equipment.
22.Sub Recipient will not make any award or permit any award (sub-grant 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". Suspended or debarred suppliers can be located on
www.pd.dgs.ca.gov/smbus/suspendlist.htm.
23.Sub Recipient must maintain all payment documents and procurement records for grant
purchases/expenditures for three (3) years after the close of the grant, which occurs when the
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California Emergency Management Agency (CaIEMA) has filed the final report. Sub Recipient
must notify County OES prior to purging or destroying any and all supporting documentation
for the EMPG grant program, including expense related documents.
24.Sub Recipient shall immediately report to (County Fire/OES) all damaged, lost or stolen
equipment/property that is purchased with grant funds per the OMB Circular. Sub Recipient
must be complete and return the attached "Damaged, Lost, or Stolen Report Form"to County
Fire/OES for reporting to the California Emergency Management Agency (Cal EMA).
25.It shall be the responsibility of the Sub Recipient to track and maintain all equipment on a
generally accepted accounting system. County Fire/OES will request periodic progress
reports on the location and condition of grant purchased equipment to forward to CALEMA
when necessary.
26.Contract provisions: A grantee's and subgrantee's contracts must contain provisions as
noted in the sub-section below. Federal agencies are permitted to require changes,
remedies, changed conditions, access and records retention, suspension of work, and other
clauses approved by the Office of Federal Procurements Policy.
a. Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess
of$10,000)
b. Notice of awarding agency requirement and regulations pertaining to reporting.
c. Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
d. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
27.Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act(Pub. L. 94-163, 89 Stat. 871).
CERTIFICATIONS
Certification for Contracts. Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, 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 an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
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extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other 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 contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. 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.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief,that:
If any 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 commitment providing for the United
States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this
statement 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 statement shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
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2. DEBARMENT SUSPENSION,AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT):
As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR,
Part 17:
A. The applicant certifies that it and its principals:
(1) 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;
(2) Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing 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;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this certification; and
(4) 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. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: This
certification commits the applicant to compliance with the certification requirements under 44 CFR,
Part 17 Government-wide Requirements for Drug-Free Workplace (Grants).
A. The grantee certifies that it will or 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 ongoing 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 occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph (a);
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(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 employer 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 County Fire/OES in writing, within ten 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 every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
(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 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).
4. SWEATFREE CODE OF CONDUCT:
a. All applicants contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other than
procurement related to a public works contract, declare under penalty of perjury that no apparel,
garments or corresponding accessories, equipment, materials, or supplies furnished to the state
pursuant to the subgrant have been laundered or produced in whole or in part by sweatshop
labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child
labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced
labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor. The applicant further declares under penalty of
perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California
Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code
Section 6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's
records, documents, agents or employees, or premises if reasonably required by authorized
officials of the contracting agency, the Department of Industrial Relations, or the Department of
Justice to determine the contractor's compliance with the requirements under paragraph (a).
5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant
may elect to offer domestic partner benefits to the applicant's employees in accordance with Public
Contract Code section 10295.3. However, the applicant cannot require an employee to cover the
costs of providing any benefits which have otherwise been provided to all employees regardless of
marital or domestic partner status.
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TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding
current or former state employees. If subgrantee has any questions on the status of any person
rendering services or involved with the Agreement, the awarding agency must be contacted
immediately for clarification.
Current State Employees (Public Contract Code§10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the
officer or employee receives compensation or has a financial interest and which is sponsored or
funded by any state agency, unless the employment, activity or enterprise is required as a
condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with
any state agency to provide goods or services.
Former State Employees(Public Contract Code§10411):
1) For the two-year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state
officer or employee may enter into a contract with any state agency if he or she was employed
by that state agency in a policy-making position in the same general subject area as the
proposed contract within the 12-month period prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render
this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions
which require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions, and applicant affirms to comply with
such provisions before commencing the performance of the work of this Agreement. (Labor Code
Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990,which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42
U.S.C. 12101 et seq.)
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4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as
listed on this Agreement. Upon receipt of legal documentation of the name change the State will
process the amendment. Payment of invoices presented with a new name cannot be paid prior to
approval of said amendment.
5. RESOLUTION: A county, city, district, or other local public body must provide the State with a
copy of a resolution, order, motion, or ordinance of the local governing body which by law has
authority to enter into an agreement, authorizing execution of the agreement.
6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district;
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions; or
(3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and applicant may be ineligible for award of any
future State agreements if the department determines that any of the following has occurred: the
applicant has made false certification, or violated the certification by failing to carry out the
requirements as noted above. (Gov. Code §8350 et seq.)
By signing this agreement, the Sub Recipient has read, understands, and agrees to the above terms.
(The signator to this agreement should be an authorized individual with signature authority consistent
with the actions required on these documents for the applying jurisdiction, e.g. an Elected Official,
Mayor, City/Town Manager, Fire Chief or Police Chief, County Department Head, and/or Designee.)
Michael J. Conrad Fire Chief
Name (Print Please) Title
�. September 7, 2010
Authorized Age& Date
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Rttachment 'R"
FY2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT(EMPG)
PROGRAM
Allocation Matrix
SBCO OACC Base Per Cap Additional Total Est.
Cities/Towns/County Allocation Allocation Funding Allocation
Adelanto $ 5,000 $ 2,554 $ 2,146 $ 9,700
Apple Valley $ 5,000 $ 6,269 $ 5,268 $ 16,537
Barstow $ 5,000 $ 2,173 $ 1,826 $ 8,999
Big Bear Lake $ 5,000 $ 562 $ 473 $ 6,035
Chino $ 5,000 $ 7,585 $ 6,373 $ 18,958
Chino Hills $ 5,000 $ 7,068 $ 5,939 $ 18,007
Colton $ 5,000 $ 4,638 $ 3,897 $ 13,535
Fontana $ 5,000 $ 17,038 $ 14,317 $ 36,355
Grand Terrace $ 5,000 $ 1,138 $ 956 $ 7,094
Hesperia $ 5,000 $ 7,919 $ 6,654 $ 19,573
Highland $ 5,000 $ 4,698 $ 3,948 $ 13,646
Loma Linda $ 5,000 $ 2,037 $ 1,712 $ 8,749
Montclair $ 5,000 $ 3,360 $ 2,823 $ 11,183
Needles $ 5,000 $ 520 $ 438 $ 5,958
Ontario $ 5,000 $ 15,622 11 $ 13,127 $ 33,749
Rancho Cucamonga $ 5,000 $ 16,013 $ 13,455 $ 34,468
Redlands $ 5,000 $ 6,438 $ 5,410 $ 16,848
Rialto $ 5,000 $ 8,974 $ 7,541 $ 21,515
San Bernardino $ 5,000 $ 18,330 $ 15,403 $ 38,733
29 Palms $ 5,000 $ 2,743 $ 2,305 $ 10,048
Upland $ 5,000 $ 6,812 $ 5,724 $ 17,536
Victorville $ 5,000 $ 10,033 $ 8,431 $ 23,464
Yucaipa $ 5,000 $ 4,607 $ 3,871 $ 13,478
Yucca Valley $ 5,000 $ 1,906 $ 1,601 $ 8,507
County $ 5,000 $ 26,517 $ 22,283 $ 53,800
Subtotal $ 125,000 $ 185,554 $ 155,921 $ 466,475.00
OA Admin (3%) 1 $ 9,604.00 1 $ 4,822.001 $ 14,426.00
Per Capita numbers based on 2009/2010 California
Department of Finance Demographic Research Unit
Total Award $ 480,901.00