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HomeMy WebLinkAbout22-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Fire Subject: Resolution ratifying submittal of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $210,600 to purchase defibrillators. ORIGINAL From: Larry R. Pitzer, Fire Chief Date: April 1, 2003 MCtC Meeting Date: April 21, 2003 Synopsis of Previous Council Action: 04/01/03 Special Grants Committee Meeting-Item recommended for approval. RECOMMENDATION: Adopt resolution. :J ;~ Sri,naturef f) '/'''.~f ')/ -::---1--. (( j '-ilf; Contact Person: Larry Pitzer, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Application Ward: Citywide FUNDING REQUIREMENTS: Amount: $147,420.00 Source: FEMA's Grant Funding Share Amount: $63.180.00 Source: (Acct. No) To Be Determined-City's Cost Share If the grant is awarded, the Fire Department will submit a request to amend the General Fund in the amount of $63.180.00 to match the grant. #~/jJd~ Finance: Council Notes: iZ=~.D -ZC02>r90 '-I / J-J! b3 , ., Agenda Item No. 1L STAFF REPORT SUBJECT Resolution ratifying submittal of a grant application to the Federal Emergency Management Agency (FEMA) in the amount of $210,600 to purchase defibrillators. BACKGROUND FEMA has announced the availability of grant funding for the Assistance to Firefighters Grant Program (AFGP) for fiscal year 2003. This assistance will be awarded to local fire departments on a competitive basis. On April 1, 2003, the Fire Department attended a Special Grants Committee to request authorization to submit the on-line grant application (see Attachment "A") prior to Council approval. Deadline for the FEMA grant application was April 11, 2003; there were no exceptions. The Grant Committee consented that the Fire Department proceed with the submittal of the application. Grant awards begin in June and continue until all funds are awarded. The purpose of AFGP is to award 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. FEMA is the agency that will administer the grant application and allocation process. Fire departments can apply for eligible activities in one of four different programs: 1. Fire Operations and Firefighter Safety Program. 2. Fire Prevention Program. 3. Emergency Medical Services Program. 4. Firefighting Vehicle Acquisition Program. The San Bernardino City Fire Department submitted an application for Emergency Medical Services Program to replace all existing defibrillators. Defibrillators are a critical piece of equipment for our paramedic program. They are used for a patient that is in cardiac arrest to change the non-functioning heart to a normal heart rhythm. Obviously, flawless operation of the defibrillators is of paramount importance. Industry norms identify approximately a 7-year life-span for defibrillators. Currently, we have thirteen defibrillators and monitors that have 7 years or more in service. They have exceeded the warranty phase and six of our monitors are Hewlett Packard (HP). HP no longer makes these types of monitors and will not extend the preventative maintenance warranty. We are requesting funding to purchase thirteen defibrillators to replace all of the defibrillators. 1 FINANCIAL IMPACT We are requesting 13 defibrillators and the cost per unit is $16,200. The total amount needed to purchase and replace all defibrillators is $210,600 (see Attachment "A" for budget detail); FEMA will fund 70% and the City is required to match 30% of the cost. The Fire Department's match, in the amount of $63,180.00, will need to be funded by the General Fund in fiscal year 2003/2004. Alternatively, we could lease purchase an amount of the equipment that would satisfy our 30% match requirement; this would approximate $13,900 annually over a 5 year period. There are no anticipated on-going costs for this grant. 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. RECOMMENDA nON Adopt resolution. 2 RESOLUTION NO. o , " RESOLUTION OF THE MAYOR A:'-ID COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION TO THE FEDER"-L EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOt:NT OF S2 I 0,600 TO Pl'RCHASE DEFIBRILLATORS. -+ ~ BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:\ BERNARDI]\O AS FOLLOWS: h 7 SECTION 1. The \layor and Common Council hereby ratii)' the Fire Chiefs submittal of x an on-line grant application to FE!\1A in the amount of $21 0,600 for San Bernardino Cit\, Fire 9 Department's Emergency Medical Ser\'ices Program. A copy of the on-line grant application is 10 attached as Attachment "A", and incorporated herein by reference. 11 12 13 1-+ 15 16 17 18 19 ///' 20 'Ii 21 00 0' -" 2-+ 25 26 :If 2. 1- t{,;J./,o3 27 28 , RESOLl!TIO!'\' OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO R.\ TIFYING SUBMITTAL OF A GRAl'IT APPLICA TIOl'l TO THE FEDERAL EI\1ERGE!'\'CY MAl'IAGEMENT AGENCY (FEMA) IN THE AMOl'iT OF S210,600 TO I'l;RCHASE DEFIBRILLATORS. .' -+ I HEREBY CERTIFY that the foregoing resolution was duly adopted hy the !\Iayor and 5 Common Council of the City of San Bernardino at a meeting thereoL held on 6 day of .2003. by the following Yote. to wit: the 7 8 Council Members AYES NAYS ABSTAIl'I ABSEI'\T 9 ESTRADA 10 LONGVILLE 11 McGl'\:-;IS 12 DERRY 13 SUAREZ 1-+ ANDERSON 15 McCAMMACK 16 17 ] 8 Rachel G. Clark. City Clerk 19 The foregoing resolution is hereby approyed this day of .2003. 20 21 " Judith Valles. Mayor City of San Bernardino " ...:._, Approyed as to form and legal content: 2-+ 25 James F. Penman. City Attorney 26 27 28 . Print Application Attachment "A" Entire Application Applicant Information Page 1 of 12 Submitted on 1 0-APR-2003 by Norma Camarena Based on information you have provided, your department serves a Suburban community. Contact Information: Day Phone: 909-384-5388 Evening Phone: Cell Phone: Email: camerena_no@ci.san-bernardino.ca.us . Fire Department Name . Type of Fire Department If other, please enter the type of Fire Department . Emolover Identification Number Physical Address . Headquarters' Physical Address 1 Headquarters' Physical Address 2 . C~y . State 'Zip Mailing Address is the same as the Physical Address . Mailing Address 1 Mailing Address2 . City . State 'Zip Account information . Type of bank account . Bank routing number - a.Qigj! number on the bottom left hand corner of your check . Your account number Additional Information This fiscal year, are you receiving Federal funding from any other grant program for the same purpose No for which you are applying for this grant? This fiscal year, are you receiving Federal funding from any other grant program regardless of Yes purpose? , Is the applicant delinquent on anv federal debt? No If yes, type explanation in space provided below Contact Information City of San Bemardino Fire Department City 95-6000772 200 East Third Street San Bernardino California 92410 - 4889 200 East Third Street San Bernardino California 92410 - 4889 Checking 121000248 4159283308 . ?rint ApplicatIOn , Title Salutation , First Name Middle Initial , Last Name , Day Phone 'Evening Phone Cell Phone Fax Email , Title Salutation , First Name Middle Initial , Last Name , Day Phone 'Evening Phone Cell Phone Fax Email Department Characteristics (I) Page 2 of 12 Alternate Contact Information Number 1 Fire Chief Pitzer R Larry (909) 384-5286 Ex!. (909) 384-5286 Ex! (909) 384-5281 pitzer Ja@ci.san-bernardino.ca.us Alternate Contact Information Number 2 EMS Coordinator Mr. Henry Vasquez (909) 384-5286 Ex!. (909) 384-5286 Ex! (909) 384-5281 vasquez~he @ci.san-bernardino.ca.us , What percentage of your response area IS protected by hydrants? - How much of your Jurisdiction is zoned for agriculture? , How much of your Jurisdiction is zoned for commercial or industrial? , How many structures in your jurisdiction are more than four stories tall? . What is the permanent reSident population of your PrlmilJY!l1U;t-respoose area.Qr Jurisdiction ~erve_d_? . Are you a member of a Fire Department or authOrized representative of a fire department? , Are you a member of Federal Fire Department or contracted by the Federal government and solely responsible for suppression of fires on Federal property? , What kind of Department do you represent? If you answered combination, above, what is the %, percentage of career firefighters in your department? 'What is the square mileage of your primary response area? Yes No All Paid/Career 63 93% 0% 4% 17 205942 ______~L~_ ~__ll IlAflA/"'IfV\') .Prim Application Pagc 3 of 12 . now many aCllve mellgmers_are In me operations/EMS divIsion of your department? . How many stations are In your department? . Do you currently report to the National Fire Incident Reporting System (NFIRS)? If you answered yes, above, please enter your FDIN? 142 12 Yes 36195 , What services does your department provide? Structural Fire Suppression Fighting Wildfire Suppression Basic Life Support Advanced Life Support Hazmat Technical Level Hazmat Specialist Level Rescue Technical Level Airport Rescue Fire Fighting (ARFF) Hazmat Operational Level Rescue Operational Level Depar~~ent Characteris!i.cs (II) _.________" . What is the total number of fire related fatalities in 7 your Junsdlctlon over the last three years? 'What is the total number of fire related firefighter 12 Injuries in your jurisdiction over the last three years? , In an average year, how many times does your department receive mutual/automatic aid? . In an average year, how many times does your department provide mutual/automatic aid? , What was your department's estimated average operating budget over the last three years? , What percentage of your annual operating budget is dedicated to personnel costs(salary, overtime and 85 % fnnge benefits)? . What percentage of your annual operating budget is derived from: Taxes? 100 % 95 57 19935051 G 'ants? Donations? Fund drives? 0% o ~o 0% 'How many vehicles does your department have in each of the categories below? Enter numbers only and enter 0 If you don't have any of the vehicles below First Line Reserve a. Engines (or pumpers): 11 5 b. Aerial Apparatus: 2 1 c. Tankers: 2 0 d. Rescue Vehicles: 3 0 e. Brush/Quick attack: 5 0 f. Other: 27 0 Provide in the space below the following information only if you are applying for a firefighting vehicle: List all your vehicles by type (for example, engines/pumpers, brush, rescue, etc.). Then provide the year each was manufactured. If the department has more than two of any type, provide the total number of vehicles in that categony and the years the oldest and the newest were manufactured. Q.epartrT1.ent Call Volume ---~._--_._--_.~--- ...-..-.....-----.. ---..-..--.--- _._~-_._-_._-~_._--------- 11 AAll"/.....()f'\'} .Print Application Page 4 of 12 . How many responses per year by category? Enter whale numbers Gilly If you have no calls lor any 01 the ca:eg':Jnes enter zero. Structure Fires Vehicle Fifes Vegetation Fires EMS 314 311 330 23571 15 119 557 592 1283 Rescue Hazardous Condition/Materials Calls Service Calls Good Intent Calls/False Alarms Other Calls and Incidents Request Information . 1. Select the program for which you are applying. Remember, you can apply for only one program this year. Within a program you may apply for as many activities as are required. It you modify your selection. you will lose data entered under the original activity Program Name Emergency Medical Services . 2. Will this grant benefit more than one department? No 3. If you answered Yes to Question 2 above, please specify how? (You can only enter 4000 characters) Request Details --_.__.,-_._-_._-_._-.._------~_._.._._"._-" .--------_._----_.._------ o Total Cost Additional Funding $0 $0 Activity Wellness and Fitness Programs Emergency Medical Services (Training and Equipment) Number of Entries $ 210,600 $ 0 Emergency Medical Services-Equipment '1. What equipment will be purchased with grant funds? Defibrillators If you answered other, above, piease specify '2. Number of units 13 '3. Cost per unit $ 1 6200 '4. What is the reason for this equipment purchase? Upgrade service '5. Will this equipment bring you into compliance with State or Federal standards/regulations? '6. Up to what level of patient care will this equipment bring your department? Yes First Responder "0""-"''''''('\''1 Print Application Total Budget Budget Oi)j~cj Class a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other I. Indirect Charges Indirect Cost Details Agency Indirect Cost Agreement with Indirect Cost Rate Agreement Summary Federal and Applicant Share Federal Share Applicant Share Federal Rate Sharing (%) . Non-Federal 8esources (The combined Non.Federal Resources must equal the Applicant Share of S 63.180) % Page 5 of 12 $0 $0 50 $ 210,600 $0 $0 $0 $0 $0 5147,420 $ 63,180 70/30 $ 63180 $0 $0 $0 a. Applicant b. State c. Local d. Other Sources If you entered a value in Other Sources, Please identify the source of your cost share, i.e., fund reserves, savings, fund-raisers, donations, etc. Total Budget Narrative Statement $ 210,600 . Print Application Page 6 of 12 Project Description Please provide your narrative statement in the space provided below: THE PROJECT THAT WE ARE REQUESTING TO BE FUNDED: The San Bernardino City Fire Department (SBCFD) is requesting to replace our current defibrillators that are in desperate need of replacement. We would like to begin replacing thern due to the following reasons we are facing: . Overall poor condition of current devices, . Exceed the industry norms of years in service, Newer defibrillators have updated specifications, . Decrease probability of outdated defibrillator malfunction, and Reduce the potential for liability on our current device. The new defibrillators would allow SBCFD to be better equipped to provide the highest quality of care and overall standardization of our department"s defibrillators. Also, we will be able to detect and treat cardiac incidents faster, resulting in better patient care outcomes. Defibrillators are not only very essential as part of the firefighter/paramedics overall assessment, but can be the difference between life and death of a patient. SBCFD provides a first responder paramedic program that has thirteen (13) defibrillators; they have been In service for more than seven (7) years. The defibrillators exceeded the warranty phase and six (6) of those defibrillators are Hewlett Packard (HP). HP no longer rnakes these units; parts and repair for them is a real problem. The remaining seven (7) Phys-control Life Pak 10's are several years older and are in very poor condition. HOW WE PLAN TO USE THE GRANT FUNDS FOR EACH MAJOR BUDGET ACTIVITY AS LISTED ON THE BUDGET FORM The following is a break down of how the funds will be allocated: Personnel: $ 0 requested. Fringe Benefits: $ 0 requested. Travel: $ 0 requested. Equipment: $ 210,600 requested. SBCFD plans to replace all thirteen (13) defibrillators with new devices that have current technology. It is paramount that heart attack victims be identified as quickly as possible in order to receive life-saving treatment. Rapid identification by our firelighter/paramedic crews is the first logical step in this effort. These devices cost approxirnately $16,000 per defibrillator, and each device includes the following: EKG monitor (3-lead patient cables; 2 - preventive maintenance per year for 5 years) Biphasic waveform defibrillator (2-rechargeable batteries) Pulse Oximetry (Battery charging system) Noninvasive Blood pressure (Warranty for 5 years) Noninvasive Pacing (Carry case/cover) Supplies: $ 0 requested. Contractual: $ 0 requested Construction: $ 0 requested Other: $ 0 requested Indirect Charges: $ 0 requested WHY THIS PROGRAM WOULD BE BENEFICIAL TO OUR COMMUNITY AND/OR TO OUR DEPARTMENT: .Print Application Page 7 of 12 SBCFD responds to approximately 24,000 EMS calls annually. Defibrillators will assist in enhancing the following areas: 1. Increase the number of lives saved of those with cardiac incidents. 2. Improve the quality of life for survivors of cardiac incidents and their families. 3. Equip the fire department"s EMS providers with state-of-the-art defibrillators to enhance their patient assessment and treatment. The new state-of-the-art defibrillators have the technology to record and store patient data. This allows our department to improve on the current Quality Assurance & Quality Improvement Program. This program allows us to look at outcome based research and with this information we can recommend changes to our current county protocols for the betterment of the patient outcome within our city. These new defibrillators have latest technology that will give our firefighter/paramedics the ability to more rapidly and accurately make assessments. This in-turn allows us to give the patient(s) within our community the best treatment and improve diagnosis. WHY THIS PROJECT CANNOT BE FUNDED SOLELY THROUGH LOCAL FUNDING: Our City was home to Norton Air Force base that was closed in the early 1990s. At approximately the same time, Santa Fe Railroad moved their regional offices out of the area and a Kaiser Steel Mill closed. The direct impact of these three closures resulted in the loss of 23,000 high paying jobs in the area. Consequently, our City has been in an economic recovery mode for a decade that has created budgetary shortages. As example, SBCFD budget has not had an inflationary increase in Maintenance and Operation for well over a decade. This has created a significant erosion of purchasing power to the point that no funds exist for purchases such as defibrillators. San Bernardino City is faced with significant budgetary shortfalls because of the catastrophic State budget crisis (estimated at $34 billion shortfall) and mandated retirement system increased contributions. Best case scenario for SBCFD"s share of cuts is $1.2 million and worst case $2.8 million for next fiscal year. Budget shortfall predictions for fiscal year 2004-2005 are considerably worse than for 2003-2004. Clearly, SBCFD will not have funding to purchase defibrillators for quite some time into the future. ADDITIONAL RELEVANT INFORMATION THAT WE WOULD LIKE YOU TO CONSIDER WHEN EVALUATING OUR APPLICATION: The San Bernardino City Fire Department serves a resident population of 205,942 and covers a diverse service area of 63 square miles. It is the largest city in the County and serves as the County seat. There are 3 major freeways and approximately 19 miles of wildland/urban intertace areas within the city. SBCFD staffs eleven paramedic engines companies, two aerial trucks companies, and one aircraft rescue fireflghting vehicle housed in twelve stations throughout the City. Also, under a unique partnership with the San Manuel Band of Mission Indians we provide fire and emergency services to their tribal lands. If you received a grant award in the 2002 process, does No your current request relate to your 2002 award? If you answered yes, above, which of the following apply? This request enhances the 2002 award This request continues the 2002 award This request completes the 2002 award Assurances and Certifications FEMA Form 2o-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. .Print Application Page 8 of 12 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 prescnbed 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 01 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 U) the requirements of any other nondiscnmination 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 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 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 Contract 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 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a .Print Application Page 9 of 12 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 (PL 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. 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 pertormed 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. FEMA 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 Responsibilities Matters; and Drug-Free Workplace Requirements. - Print Application Page 10 of 12 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 Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) 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 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 atfempting 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. Standard Form LLL Disclosure of Lobbying Activities Attached (This form must be attached to certification if non-appropriated funds are to be used to influence activities.) (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 certity and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in pnmary covered transactions, as defined at 44 CFR Part 17, Section 17.51 a-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 )(b) of 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. - Print Application Page 11 of 12 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 FEMA awarding office, i.e. regional office or FEMA 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). (8) The grantee may insert in the space provided below the site(s) for fhe performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action r,nn r:~~. T...'.... C'....._. CO..._ o_.__...4;~_ 1"'_,"---,- (V")A.n - -Print Application Page 12 of 12 .::uu r;:.a::>l "ItIU ":'Ut"I:H ..;lCltIOCI"alUIlIU vO.IIV""", ",..,U-..OO::7 1201 West Ninth 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 De! Rosa Avenue San Bernardino CalifornIa 92404 -5641 282 W 40th Street San Bernardino California 92407-3706 3398 East Highland Avenue Highland California 92346-2106 502 South Arrowhead Avenue San Bernardino California 92346-2040 202 Meridian Avenue San Bernardino California 92410 -1330 450 Vanderbilt Way San Bernardino California 92408-3552 162 South Leland Norton Way San Bernardino California 92408-0120 If your place of performance is different from the physical address provided by you in the Applicant Information, click on 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. 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 FEMA funding. States and State agencies may elect to use a Statewide certification. Only complete if applying for a grant for more then $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. Form SF-LLL This form is not applicable ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): .1\- Z\-03 Item # Vote: Ayes ).-~ Nays j? Change to motion to amend original documents: 2003-'10 Absent I '1 22.. Resolution # Abstain .~ Reso. # On Attachments: Contract term: Note on Resolution of Attachment stored separately: -=-- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: "\ - Z 3-- 0 :<, Date of Mayor's Signature: "1- ?'j-o"3 Date ofClerklCDC Signature: Ll-J 4--0-'" Date o/Letter Sent for Signature: See Attached: See Attached: See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed )1': City Attorney .,/ Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NullNoid After: - Reso. Log Updated: Seal Impressed: ,/" y Date Returned: ----- Yes"""""-:::: No By Yes No~ By Yes No -.L- By Yes No ,/ By Yes No 7 - EDA Finance y/ htL6 MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: iVY< Date: '-(\"'1'1>\0;' Revised 01/12/01