AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:30 p.m.
Study Session 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, September 17, 2024
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.
AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.
PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the City Council or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
ZOOM LINK INFORMATION
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• All public comments are allowed up to 3 minutes to speak.
Topic: City Council
Time: Sep 17, 2024 05:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://us02web.zoom.us/j/81949833483?pwd=vu1KssyGrRWRrOwPxrsiFYMrpmQnA2.1 Meeting ID: 819 4983 3483
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CLOSED SESSION
CALL TO ORDER 4:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Laguisan v. City of Fountain Valley (Worker’s Compensation Claim 21-154144)
STUDY SESSION
CALL TO ORDER 5:00 p.m.
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. Housing Programs for City Employees – Presentation by Colin Burns, Attorney for the City
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Council Member Jim Cunneen
SALUTE TO THE FLAG Council Member Patrick Harper
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Cunneen, Harper, Vice Mayor/Vice Chair Bui, Mayor/Chair Grandis
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER / MAYOR UPDATE
PRESENTATIONS
• Presentation of Proclamations for National Service Club Month – Presentation by Mayor Grandis
• Legislative Update Presented by Senator Janet Nguyen
• Fountain Valley High School Pep Rally
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker card and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 – 11 will be approved simultaneously with one motion, unless separate action/or discussion is requested.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
2. Receive and File the Draft Minutes of the September 3, 2024 Regular City Council Meeting
3. Receive and File the updated strategic objectives matrix for May 23, 2024 through September 26, 2024. Page 20
4. Approve the Register of Demands for the period of 8/23/2024 to 9/6/2024 Page 28 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 8/23/2024 and 9/6/2024 for a total of $3,547,017.08.
5. Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs Page 44 Recommended Action: Approve the City of Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY2023 Urban Areas Security Initiative (UASI) between the City of Santa Ana and City of Fountain Valley.
6. Economic Development Action Plan Update for FY 2023/24 and FY 2024/25 Page 116 Recommended Action: Receive and File the Update on the EDAP for FY 2023/24 and FY 2024/25
7. Second Reading and Adoption of an Ordinance Increasing Council Member Compensation
Recommended Action: Staff recommends that the City Council Approve the Second Read and Adopt the attached Ordinance Increasing Council Member Compensation.
8. Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget. Page 131
Recommended Action: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget.
9. Approval of Amendment No. 1 to CON #1219 with Liebert Cassidy Whitmore (LCW) for Specialized Legal Services Relating to Labor Negotiations and Personnel Matters Page 152 Recommended Action: Staff recommends the approval of Amendment No. 1 to CON #1219 with Liebert Cassidy Whitmore for specialized services related to personnel matters through the term of this contract unless further amended by Council.
10. Approval of the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve the Agreement with the Municipal Water District of Orange County (MWDOC) for Sharing Consultant Costs for Completion of Orange County Water and Wastewater MultiJurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects in the amount of $66,700.
11. Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service Page 173
Recommended Action: Approve a CPI Increase for Republic (dba Rainbow) Trash Collection Rates for Residential and Commercial Service.
PUBLIC HEARING
12. Public Hearing - FY 2023-24 Community Development Block Grant Grant Consolidated Annual Performance and Evaluation Report – Presentation by Ashlyn Newman, Neighborhood Improvement Manager Page 187
Recommended Action: Conduct a public hearing to consider the City of Fountain Valley FY 2023-24 CAPER, approve the CAPER, and authorize staff to submit the final CAPER to HUD by the September 30, 2024, deadline.
13. Code Amendment No. 24-01 – An Amendment to the Fountain valley Municipal Code (FVMC) Section 21.10.030 Table 2-6 21.15.030 Table 2-10, 21.90.020(1), 21.90.020(8),
21.90.020(16), 21.20.090(19), 21.90.020(20), 21.48.050, 21.30.080, 21.30.090, and
21.12.030 Table 2-8 to allow for semi-permanent makeup uses in all commercial zones and mixed use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed use zones and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones. –Presentation by Ron Vargas, Planning and Economic Development Associate Page 245
Recommended Action: Staff is requesting City Council approval of Alternative No. 1:
Introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 24-01 to amend the Fountain Valley Municipal code sections 21.10.030 Table 2-6, 21.15.030 Table 2-10,
21.90.020(1), 21.90.020(8), 21.90.020(16), 21.20.090(19), 21.90.020(20), 21.48.050,
21.30.080, 21.30.090, and 21.12.030 TABLE 2-8 to allow for semi-permanent makeup uses in all commercial zones and mixed use zones, establish health and fitness uses less than 5,000 square feet in all commercial zones, mixed use zones and manufacturing zones, and allow for outdoor storage and off-site storage in all Public Institutional zones.
ADMINISTRATIVE ITEMS
14. Approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645.– Presentation by Christine Smith, Management Analyst
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 2 to CON-20-58 (#1136) with Nieves Landscape, Inc. for Median and Right-of-Way Landscape Maintenance Services to extend the contract term two (2) years and increase the annual contract amount by $13,388 for a total annual revised contract amount of $386,645.
15. 1) Approve the three-year Cooperative Agreement for a School Resource Officer Program with the Garden Grove Unified School District to provide one full-time School Resource Officer at the district's cost of $152,335; 2) Authorize the City Manager or her designee to execute the Agreement on behalf of the City. – Presentation by Steve Desantis, Police Captain Page 290
Recommended Action: Approve the three-year Cooperative Agreement for School Resource Officer Program with the Garden Grove Unified School District to provide one fulltime School Resource Officer at the district's cost of $152,335 and authorize the City Manager or her designee to execute the Agreement on behalf of the City.
16. First Reading and Introduction of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for Ebikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks. – Presentation by Brian Mosher, Police Sergeant Page 299 Recommended Action: Approve first read of an Ordinance to (1) Amend Fountain Valley Municipal Code 10.64.010 to establish regulations related to Electrical bicycles and include definitions of E-bikes and similar conveyances; (2) Implement training and educational programs for E-bikes; (3) Amend Fountain Valley Municipal Code to include regulations for E-bikes in parks.
17. Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review – Presentation by Colin Burns, Attorney for the City Page 309 Recommended Action: Staff recommends that the City Council approve Alternative 1:
Approve a Second Amendment to the City Manager’s Employment Agreement to Provide Additional Compensation and Benefits Following a Positive Performance Review
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
SECOND CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is October 1, 2024, at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
City of Fountain Valley
Memorandum
TO: Honorable Mayor and City Council
FROM: Attorney for the City
DATE: September 17, 2024
SUBJECT: Employee Housing Benefit Program - Study Session ______________________________________________________________________________ EXECUTIVE SUMMARY:
At the most recent Strategic Planning Session, Council requested the Attorney for the City prepare a presentation on housing assistance to City employees. This study session will discuss the Employee Housing Assistance Program used by the County of San Mateo.
DISCUSSION:
The County of San Mateo has a program to provide assistance to employees for inCounty housing. The assistance comes in the form of one $100,000 loan secured by a second mortgage. Repayment is deferred for the 1st five years and amortized for 30 years at 3% interest after that. San Mateo also offers a $5,000 grant to help cover closing costs.
The program is an employment benefit and assists with attraction and retention. It also encourages employees to live close to their place of employment and thereby decreases environmental and physical / emotional impacts associated with long commutes to work.
It is available to current, permanent, full-time employees. There are requirements regarding eligibility and financing, and a cap on the number of loans that will be given in a year. Those who receive a loan are chosen by lot.
Staff seeks Council direction as to whether Council desires to set up a similar program in Fountain Valley.
MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
HOUSING AUTHORITY
Closed Session 4:00 p.m.
Study Session 5:00 p.m.
Regular Meeting 6:00 p.m.
Tuesday, September 3, 2024
Council Chambers
CLOSED SESSION
CALL TO ORDER 4:00 p.m.
PUBLIC COMMENTS (Closed Session matters only)
There were no public comments
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.
Agency Designated Representatives: City Manager, Maggie Le, Finance Director, Ryan Smith, Human Resources Director, Carrie Hanes, Community Development Director / Deputy City Manager, Omar Dadabhoy, Human Resources Manager, Tania Knauerhaze, Payroll Administrator, Briana Lazlo, Liebert Cassidy Whitmore Attorney, Laura Drottz Kalty, Attorney for the City, Colin Burns
Employee Organizations: Fountain Valley Municipal Employees Association (Field Services unit), Fountain Valley General Employees Association (FVGEA), Fountain Valley Professional and Technical Employees (P&T)
No Reportable Action
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 case) By a 5-0 vote, the City Council voted to approve the filing of a weapons petition confiscation.
3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor
Unrepresented employee: City Manager
No reportable action
STUDY SESSION
CALL TO ORDER 5:00 p.m.
PUBLIC COMMENTS (Study Session matters only)
1. City-Owned Property Located South of 10200 Slater Avenue – Presentation by Omar Dadabhoy, Community Development Director
Mayor Grandis left the dais at 5:01 p.m. for the entirety of this discussion.
Omar Dadabhoy and Brian Montcrief of Kosmont presented the options for the property located at 10200 Slater Ave.
Public Comments: Leston Trueblood, Susan Keith, Ben Nielson, Vincent Morrison, Doris Figueroa, Regina Huebner, Jay Seashore, Rudy Huebner, Rachelle Chawke, Doris Flynn, Russell Hui, Angela Hui, Stephanie Monson, Mr. Acosta, Nikki Nguyen, Matthew Acosta, Quang Tien, Mark Rafter, Ray Frankeny, Jayne Gianolo-Brown, Katy Wright, Hailey Hosilyk, Samuel Raymond, Cheryl Brothers
The City Council directed staff to find other options for the property and to not proceed with the Surplus Land Act.
Mayor Grandis returned to the Dais at 6:50 p.m.
2. Temporary Feather Flags – Presentation by Steven Ayers, Principal Planner Public Comment – Tracy Cameron
Steven Ayers presented the Feather Flag recommendation. Staff was provided direction.
3. Police Department Hiring Incentive – Presentation by Steve Desantis, Police Captain Public Comment – Katy Wright
Captain Steve Desantis presented the hiring incentive program and staff was given direction.
4. City Council Policies – Presentation by Rick Miller, City Clerk / Risk Administrator Rick Miller presented the City Council policies, there were no recommendation for additional changes to the policies and staff was told to accept the final changes.
OPEN SESSION
CALL TO ORDER 7:34 p.m.
INVOCATION Council Member Patrick Harper
SALUTE TO THE FLAG Council Member Kim Constantine
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Constantine, Cunneen, Harper, Vice Mayor/Vice Chair Bui, Mayor/Chair Grandis
Council Members Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item 15 – The City Council and Public were provided a copy a of the corrected Staff Report.
CITY MANAGER / MAYOR UPDATE
City Manager Maggie Le provided her update.
Mayor Grandis provided his update.
Mayor Grandis also recognized that the meeting was being adjourned in the memory of Steve Brown and Wayne Carr. The families were presented with recognition that the meeting was being adjourned in there honor.
PRESENTATIONS
Presentation of a Proclamation for Hunger Action Month – Presentation by Mayor Grandis Mayor Grandis read the proclamation, however, due to the time the recipient from First Harvest Food bank had to leave before accepting the proclamation.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Bruce Scott, Andre Ramirez, Leston Trueblood, Katy Wright, Tony Lucia, David Nguyen
CONSENT CALENDAR
Consent Calendar Items 1 – 5 were approved simultaneously. Item Numbers 6-7 was pulled by Council Member Constantine.
1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.
ACTION: Move to waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only
MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
2. Receive and File the Draft Minutes of the August 13, 2024 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the August 13, 2024 Regular City Council Meeting
MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
3. Approve the Register of Demands for the period of 8/3/2024 to 8/22/2024 ACTION: Move to Approve the Register of Demands for the period of 8/3/2024 to 8/22/2024
MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
4. Approval to Send a Response to the Orange County Grand Jury Regarding the Grand Jury Report - E-bikes Friend or Foe
ACTION: Move to Approve to Send a Response to the Orange County Grand Jury Regarding the Grand Jury Report - E-bikes Friend or Foe MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
5. Second Reading and Adoption of an Ordinance Amending Fountain Valley Municipal Code §
2.76.080 to Clarify the Role and Participation of the Alternate Planning Commissioner ACTION: Move to Approve the Second Reading and Adoption of an Ordinance Amending Fountain Valley Municipal Code § 2.76.080 to Clarify the Role and Participation of the Alternate Planning Commissioner
MOTION: Constantine SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
6. Pulled by Council Member Constantine
Second Reading and Adoption of an Ordinance Adding Section 18.02.025 to the Fountain Valley Municipal Code to Establish the Planning Commission as the City’s Local Appeals Board.
ACTION: Move to Approve the Second Reading and Adoption of an Ordinance Adding Section 18.02.025 to the Fountain Valley Municipal Code to Establish the Planning Commission as the City’s Local Appeals Board.
MOTION: Constantine SECOND: Grandis
AYES: Cunneen, Harper, Bui, Grandis
NOES: Constantine
ABSENT: None
ABSTAIN: None
7. Pulled by Council Member Constantine
Second Reading and Adoption of an Ordinance Amending and Repealing Sections of the Fountain Valley Municipal Code to Remove the Limitations Adopted After the Martin v. City of Boise Decision and to Codify a 60-calendar-day Storage Period for Personal Property that is removed from Public Areas
ACTION: Move to Approve the Second Reading and Adoption of an Ordinance Amending and Repealing Sections of the Fountain Valley Municipal Code to Remove the Limitations Adopted After the Martin v. City of Boise Decision and to Codify a 60- calendar-day Storage Period for Personal Property that is removed from Public Areas
MOTION: Constantine SECOND: Grandis
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
8. Orange County Power Authority Feasibility Study Report Public Comments: Vi Nguyen, Lillian Chen, Fred Jung, Angela Kim, Gabriel BrownValdouines, Rudy Huebner, Cheryl Brothers ACTION: Move to proceed with joining the Orange County Power Authority
9. Approve Amend No. 1 for $155,183 to Coop Agmt 2023-009 between Cities of Fountain Valley & Westminster for Project 24009, Rehab & Resurfacing of Magnolia from Edinger to Heil, and approve FY24/25 $150,010 Budget Appropriation to Project 24009 ACTION: Move to Approve Amend No. 1 for $155,183 to Coop Agmt 2023-009 between Cities of Fountain Valley & Westminster for Project 24009, Rehab & Resurfacing of Magnolia from Edinger to Heil, and approve FY24/25 $150,010 Budget Appropriation to Project 24009
MOTION: Grandis SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
10. Approve Amendment No. 5 to Michael Baker International CON 20-43 (Munis CON 1022) for an increase in contract amount of $50,000 for National Pollutant Discharge Elimination System (NPDES) Program Management Support Services for FY2024-2025.
ACTION: Move to Approve Amendment No. 5 to Michael Baker International CON 20-43 (Munis CON 1022) for an increase in contract amount of $50,000 for National Pollutant Discharge Elimination System (NPDES) Program Management Support Services for FY2024-2025.
MOTION: Cunneen SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
11. Approve Amendment No. 4 to WSP USA Environment & Infrastructure, Inc. (CON 1295), for an increase in contract amount of $50,000 for Trash Order Implementation Planning and Mapping services for FY 2024-2025.
ACTION: Move to Approve Amendment No. 4 to WSP USA Environment & Infrastructure, Inc. (CON 1295), for an increase in contract amount of $50,000 for Trash Order Implementation Planning and Mapping services for FY 2024-2025.
MOTION: Bui SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
12. Accept bids & award CON to Big Ben for Mt Baldy & Euclid Waterline Replacement Proj NTE $796,260; approve Amend No. 1 to PSOMAS On-Call CON NTE $23,091; authorize staff to issue PSOMAS a PO for $143,587; and approve PW Dir 20% Change Order authority.
ACTION: Move to Accept bids & award CON to Big Ben for Mt Baldy & Euclid Waterline Replacement Proj NTE $796,260; approve Amend No. 1 to PSOMAS On-Call CON NTE $23,091; authorize staff to issue PSOMAS a PO for $143,587; and approve PW Dir 20% Change Order authority.
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
13. Approval of an Agreement for Professional Legal Services between the City of Fountain Valley, Successor Agency to the Fountain Valley Agency for Community Development, the Fountain Valley Housing Authority, and Stradling Yocca Carlson & Rauth LLP ACTION: Move to Approve an Agreement for Professional Legal Services between the
City of Fountain Valley, Successor Agency to the Fountain Valley Agency for Community Development, the Fountain Valley Housing Authority, and Stradling Yocca Carlson & Rauth LLP
MOTION: Grandis SECOND: Constantine
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
14. Designation of Voting Delegate and Alternate(s) for League of California Cities Annual Business Meeting in September 2024
ACTION: Move to Approve Mayor Grandis as the Delegate, Vice Mayor Bui and Council Member Cunneen as the Alternates
MOTION: Grandis SECOND: Harper
AYES: Constantine, Cunneen, Harper, Bui, Grandis
NOES: None
ABSENT: None
ABSTAIN: None
15. An Ordinance of the City Council of the City of Fountain Valley Increasing Council Member Compensation
Public Comment – Katy Wright, Tracy Cameron, Rudy Huebner, Cheryl brothers ACTION: Move to Approve the ordinance increasing City Council Compensation to $1,200 per month
MOTION: Harper SECOND: Constantine
AYES: Constantine, Harper, Bui, Grandis
NOES: Cunneen
ABSENT: None
ABSTAIN: None
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council member Constantine requested that the City Council review noticing requirements. There was no second.
Vice Mayor Bui requested that the City Council look at banning the smoking of Cannabis in public areas.
Seconded by Mayor Grandis
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Vice Mayor Bui
July 17 Attended the PCTA Meeting
July 18 Attend the Mayors Breakfast
August 1 Attended the ACC-OC Summer Legislative Roundtable and later the OC fair August 7 Attended Congresswoman Michelle Steeles event recognizing non-profits and the Homeless town hall meeting
August 9 Attended the UAP Ribbon Cutting
August 10 Attended the Eagle Scout Gold Award Ceremony
August 12 Attended the Angels Game organized by the Chamber of Commerce Council Member Cunneen
August 14 Attended the tour of the Police Station remodel August 22 Attended the League of Cities orange County Division Quarterly Meeting Mayor Grandis
August 14 Attended the Cal Cities Mayor and Council Member Roundtable August 15 Attended the Sober Living Task Force and then the Fountain Valley Community Foundation Board Meeting
August 17 Attended the Kiwanis Pins For Kids Event
August 21 Attended the PCTA Board Meeting and Congresswoman Michelle Steeles Senior of Distinction Awards
August 22 Attended the Small Business Diversity Chamber mixer
Council Member Constantine
August 13 Enjoyed a to go meal from California Fish Grill benefitting our Friends of the Fountain Valley Library.
August 14 Toured the remodel in progress of the Police Department locker rooms, gym, CSI room, etc. facilities with Council Member Cunneen, construction management, Public Works staff, and FVPD Captain DeSantis. Looking great! At noon, I participated in a Cal Cities Roundtable Discussion “Mayors and Council Members Roundtable on Zoom. In the evening, I watched the Planning Commission Meeting on Zoom while I was driving, then watched the rest of the Meeting in person at City Hall.
August 15 Met with Reva, Consultant regarding the process of hiring a Police Chief for our FV Police Department — and all that is involved. Later, I watched the “Sober Living Task Force” Meeting on Zoom, then attended the “Joe’s Ice Cream Social” at the Orange County Mosquito and Vector Control District, and participated, as the City of Fountain Valley’s Trustee, in the monthly Board Meeting. In the evening, I watched the Fountain Valley Community Foundation Board Meeting on Zoom, then drove over to attend the Fountain Valley Community Foundation Volunteer Meetings at Founders Village Senior and Community Center.
August 17 Attended the “RunRed Local Candidate Orientation / Workshop” for those firsttimers running for political office at the Republican Party of Orange County Headquarters in Tustin. It was great! Later, I stopped in at the 16th Annual Kiwanis Pins for Kids Bowling Tournament - Fountain Valley Boys and Girls Clubs of Huntington Valley at Fountain Bowl.
August 21 Led the Pledge of Allegiance at the “Steel’s 2023 Seniors of Distinction Award” Ceremony hosted by Congresswoman Michelle Steel at Founders Village Senior and Community Center. Fountain Valley resident Judy Aoki was amongst the list of recipients. Layer, I dropped off a greeting card for fellow longtime residents Susan and Pan at Cambalache. They’re moving to Texas and having their going away party here a bit later.
August 22 Attended the SBDN (Small Business Diversity Network) “OC Summer Sizzle Mixer in Fountain Valley” at Runam Garden.
August 23 Stopped in at the movie for senior citizens “Monster - 2023” at Founders Village senior and community center. Later, I welcomed the nice-sized crowd to the “Movie in the Park” and Toy Story 4 was the feature presentation tonight at the Fountain
Valley Sports Park. There were lots of community booths, treats, a jumper, and prizes for the children.
August 24 Attended the “RunRed Local Candidate Training Program” for those running for political office. Today’s speakers were Pasquale Talarico, CEO of Hashtag Pinpoint, Honorable Tara Campbell, Yorba Linda City Council Members, and Randall Avila, Republican Party of Orange County Executive Director. Today’s meeting was held at the Republican Party of Orange County Headquarters in Tustin. Later, I listened to the Livable California Teleconference on Zoom, then stopped in at the annual Friends of the Fountain Valley Library “Annual 1/2 Price Sale” at the Fountain Valley Library.
August 27 Watched the Orange County Board of Supervisors Board Meeting on the County’s website, then stopped by the “Luau Luncheon” for senior citizens at Founders Village Community and Senior Center before it started. Later, I stopped in at the Little Tikes commercial being filmed at the Universally Accessible Playground at the Fountain Valley Sports Park.
August 30 Stopped in to welcome Manfred Orthodontics into their new space in the shopping center with Sprouts on Magnolia at Talbert.
August 31 Participated in the “Lions Club Induction for Scott Quinlan”. Scott was on our Fountain Valley Advisory Committee for Persons with Disabilities and he was inducted as the District Governor for the Lions Club of Orange County. It was a very nice event held at the Kiwanis Park in Garden Grove. Later, I stopped in at the Sports Cards Collectible Show at Sports Basement.
September 1 Stopped in to speak with the citizen group of residents who live near our Veterans Park. They were gathered by a fellow resident’s door-to-door distributed flyer and met to discuss amongst themselves the September 3rd City Council Meeting Study Session Item 1 regarding “City-Owned Property Located South of 10200 Slater Avenue”. I stayed for approximately a half hour, listened, answered some questions, and provided some information. I stated a few times I wasn’t going to give my opinion on the Study Session matter.
September 2 Stopped in at the LobsterFest set up and spoke with the event organizer, Troy. Set up is going well. Friday’s weekend 3-day event will be held at our Fountain Valley Sports Park.
Council Member Harper
August 14 Attended the OCTA Finance Committee meeting
August 15 Attended the Mobile Source Air Pollution Reduction Committee Meeting August 21 Attended the Farewell Lunch for Susan Saurastri
August 22 Attended the Small Business Diversity Network Mixer at Ru Nam
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Tonight’s City Council meeting is being Adjourned in the Memory of Steve Brown, Wayne Carr and Fran Briening
Mayor Grandis adjourned the meeting at 10:24 pm to the next Meeting of the Fountain Valley City Council on September 17, 2024 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Glenn Grandis, Mayor
Attest:
___________________________
Rick Miller, City Clerk
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: City of Fountain Valley Six Month Strategic Objectives Update for May 23, 2024 through September 26, 2024.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
On May 23, 2024, the City Council held a strategic planning session with the executive management team and department managers. The Strategic Plan was then presented to the City Council at the June 18, 2024 City Council Meeting for adoption. Those who were in attendance collaborated to establish the City’s six-month strategic planning objectives for May 23, 2024, through September 26, 2024. The strategic plan has and will continue to serve as a guideline for the Council and City staff as we achieve our goals over the next few years. The Strategic Plan goals on the attached spreadsheet have been updated so that the City Council can see the progress that has been made on the action items.
DISCUSSION:
During the City’s Strategic Planning session on May 23, 2024, the City Council and executive management team, including department managers, discussed achievements and missed opportunities. Group discussions led to the creation of the City’s six-month strategic planning objectives. As adopted, the vision and mission statements are:
The City of Fountain Valley vision statement is:
Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! The City of Fountain Valley mission statement is:
The City of Fountain Valley is a team driven organization committed to providing excellent service to our community through our Core Values: Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service.
City of Fountain Valley Strategic Plan
September 17, 2024
Through collaborative efforts, the City Council and City staff finalized the six-month strategic objectives matrix for May 23, 2024, through September 26, 2024 (Attachment No. 1) in support of the new goals for 2023-2026.
FISCAL REVIEW:
The fiscal impact has been budgeted in Fiscal Year 2024-25.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney for the City has reviewed this item.
ALTERNATIVES:
Alternative No. 1: Receive and File the updated strategic objectives matrix for May 23, 2024 through September 26, 2024.
Alternative No. 2: Direct staff to take an alternate action.
RECOMMENDATION:
Staff recommends that the City Council approve Alternative No. 1.
Prepared by: Maggie Le, City Manager
Reviewed by: Ryan Smith, Finance Director
Approved by: Colin Burns, Attorney for the City
Attachment:
1. Six Month Strategic Objectives Matrix for May 23, 2024 through September 26, 2024
A
C I T Y O F F O U N T A I N V A L L E Y
SIX-MONTH STRATEGIC OBJECTIVES
M a y 2 3 , 2 0 2 4 – S e p t e m b e r 2 6 , 2 0 2 4
City of Fountain Valley Vision Statement
Fountain Valley is a safe, inclusive, and desirable community where you can live your best life! City of Fountain Valley Mission Statement
The City of Fountain Valley is a team driven organization committed to providing excellent service to our community through our core values.
Core Values
Fiscal Stability, Honesty, Integrity and Ethical Behavior, Teamwork, Innovation, Quality of Life, and Excellent Customer Service THREE-YEAR GOAL: ENHANCE THE CULTURE AND ENVIRONMENT OF “A NICE PLACE TO LIVE”
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By April 15, 2024,
to City Manager
Continued
By August 20,
2024, to City
Manager
Police Chief-lead with Deputy
City Manager/Community
Development Director
Present City’s action plan for the Central Cities
Navigation Center to City Manager. X
Lt. Parsons presented the CCNC
action plan to the City Manager.
2. By June 18,
2024, City
Council Meeting
Police Chief Present outreach services contract to provide resources and services for the unhoused population
and identify alternative options for City Council
consideration.
X City Council approved a one-year
contract with City Net for outreach
and referrals for our unhoused
population.
3. By August 20,
2024, City
Council Meeting
Police Chief Present parking enforcement outsourcing options. X Staff presented the options at the August 13 City Council Meeting and
received direction to proceed with an
RFP.
B
4. By July 31,
2024
Community Services Directorlead, City Clerk and MayorInitiate a quarterly non-profit community based organization round-table to collaborate, communicate,
and coordinate.
X The First Community meeting is
scheduled for October 9. Staff has
identified targeted audience and
agenda.
C
THREE-YEAR GOAL: ACHIEVE FISCAL STABILITY BY EVALUATING PROCESSES, AND ATTRACT
AND RETAIN REVENUE PRODUCING BUSINESSES/OPPORTUNITIES
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By October 1, 2024,
City Council
Meeting
Finance Director Present an update to the City’s Reserve Policy for adoption.
X Will present a reserve policy for City
Council consideration on 10/1.
2. Ongoing with a
progress report by
September 17,
2024, City Council
Meeting
Deputy City
Manager/Community
Development Director
Continue the implementation of the Economic
Development Action Plan with a focus on the north-east
section of the City.
X Staff updated the progress on a
number of items in the EDAP on the
September 17 City Council Meeting
and continues to work to explore
opportunities in the NE section of
the City
3. By August 20,
2024, City Council
Meeting
The date for this goal
is extended to the
next strategic
planning session.
Fire Chief, Finance
Director and
Community
Development Director
Present fire impact fee option
Evaluate the potential to expand to “Facility” for
all city facilities
Investigate what is needed to conduct a Nexus
study to include the cost
X Planning meeting scheduled for
7/8/2024 to discuss the scope of the
project and start the process of
hiring a consultant for the Nexus
study. WM 7/2/24
The planning group meet and
agreed that the nexus study should
be limited to Fire Impact Fee’s only.
Public Works has an established fee
process and would only need to look
at updates to current fees. WM
7/9/24
Fire Chief and Finance Director
meet and discussed the progress on
potential cost/RFP/time frame. The
Finance Director is seeking nexus
study costs and the framework for
an RFP. WM 7/24/24
The Fire Chief, Finance Director,
and Fire Marshal met with Willdan
Financial Services to discuss the
process and cost of pursuing a
Nexus study for Fire Impact Fee’s.
WM- 7/30/2024
D
THREE-YEAR GOAL: ATTRACT AND RETAIN QUALITY STAFF THROUGH
BEST PRACTICES AND TRENDS
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGE
T
REVIS
ED
1. By August
20, 2024,
City Council
Meeting
Police Chief and
Human Resources
Director
Present an employee recruitment and referral program for the Police Department.
X Staff presented options to City Council on
September 3 and directed Staff to
proceed.
2. By
September
17, 2024,
City Council
Meeting
Attorney for the Citylead, Human
Resources Director
and Deputy City
Manager/Community
Development
Director
Present options for an employee housing assistance
program.
X Present the employee housing assistance
program on September 17 for City Council
direction.
E
THREE-YEAR GOAL: MAINTAIN, BUILD, AND MODERNIZE INFRASTRUCTURE TO SUPPORT
GROWTH AND FUTURE NEEDS OF THE CITY
WHEN WHO WHAT STATUS COMMENTS
DONE ON
TARGET
REVISE
D
1. By September
17, City Council
Meeting
Fire Chief, Deputy
City Manager, and
Public Works Director
Present Fire Station 1 funding options X Staff has held multiple planning meetings with PBK
to create the station design
and establish a cost estimate.
Staff is also working on
multiple funding/cost recovery
options to integrate into the
site as well as seek outside
funding opportunities. WM7/24/2024
The Fire Station project was
approved by the House
Appropriations committee for
$5,000,000 and awaiting final
budget approval. WM6/27/2024
The Fire Chief and Public
Works staff met with a
consultant to evaluate
Progressive Design Build as
a potential solution for the
station 1 project. WM7/31/2024
F
2. By September
17, 2024, Council
Communicator
IT Director Audit all software (city-wide) to identify cost-saving opportunities and potential consolidation.
X IT has been able to
consolidate the current
software to provide cost
savings for City Tech,
Microsoft, AutoCAD, Esri, and
Tesco/Scada programs. We
have also started a software
committee to audit all new
purchases moving forward.
The committee includes the
Finance Director, City
Manager, and IT Director.
3. By January 21,
2025, Council
Communicator
IT Director Monitor generative artificial intelligence discussions via the Municipal Information System Association of California and professional organizations to prepare a policy in the organization as needed based on best practices.
Look into options for Generative AI for Fountain Valley and budget costs next fiscal year.
X FVIT has been working with
multiple cities in the OC and
is part of the GovAI Coalition,
OCIAC, MISAC, JPIAA, and
Congresswoman Michelle
Steel. We will continue to
monitor other groups and
cities with security teams to
come up with policies for AI
use. FVIT Director is joining
the MISAC AI committee on
AI Policy.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 8/23/2024 to 9/6/2024 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY:
Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.
DISCUSSION:
Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.
FINANCIAL ANALYSIS:
The attached Register of Demands represents payments made by the City of Fountain Valley between 8/23/2024 and 9/6/2024 for a total of $3,547,017.08.
ATTORNEY REVIEW:
The Attorney for the City reviewed this staff report and concurs with the recommended action.
PUBLIC NOTIFICATION:
Not applicable.
Register of Demands
September 17, 2024
ALTERNATIVES:
Alternative No. 1: Approve the attached Register of Demands.
Alternative No. 2: Do not approve as presented and provide direction to staff.
RECOMMENDATION:
Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 8/23/2024 and 9/6/2024 for a total of $3,547,017.08.
Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 8/23/2024 to 9/6/2024.
City Of Fountain Valley
Register of Demands
8/23/2024 - 9/6/2024
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
08/28/24 U.S. BANK CORPORATE CITY P-CARDS JULY 2024 - 4246 0445 5574 3131 29324 2399 36,303.96 TOTAL NON-DEPARTMENTAL 36,303.96
10010100 CITY COUNCIL
09/04/24 AMAZON EZ-UP, TELEPROMPTER, MISC SUPPLIES 28579 2406 734.00 TOTAL CITY COUNCIL 734.00
10010102 LEGAL SERVICES
09/04/24 HARPER AND BURNS, LL JUL 2024 - CITY LEGAL SERVICES 28903 2411 19,591.71 TOTAL LEGAL SERVICES 19,591.71
10010103 OFFICE OF CITY MANAGER
08/28/24 ASSOCIATION OF CALIF ACC-OC FY 24/25 MEMBERSHIP DUES 29252 2312239 11,552.14 08/28/24 REVA FELDMAN, LLC COMPLETION OF PROJECT 29253 2396 4,000.00 TOTAL OFFICE OF CITY MANAGER 15,552.14
10010104 ADMIN SERVICES
09/05/24 VERIZON WIRELESS 06/26 -07/25/24 ADMIN CELLPHONES 28908 2312495 121.93 09/04/24 JPW COMMUNICATIONS KICK OFF MEETING 29004 2412 1,230.00 09/04/24 AMAZON EZ-UP, TELEPROMPTER, MISC SUPPLIES 28579 2406 335.10 TOTAL ADMIN SERVICES 1,687.03
10020200 HUMAN RESOURCES
08/29/24 LIEBERT, CASSIDY & W APRIL 2024 CLIENT MATTER FO030-00028 28787 2312385 8,524.50 08/29/24 LIEBERT, CASSIDY & W APRIL 2024 CLIENT MATTER FO030-00033 28788 2312386 2,623.00 08/29/24 LIEBERT, CASSIDY & W APRIL 2024 CLIENT MATTER FO030-00024 28790 2312387 136.00 08/29/24 SHRED-IT USA LLC JUL 2024 - HR SHRED-IT STERICYCLE SERVICE 28697 2312418 107.16 08/29/24 AT&T MOBILITY 6/27 - 7/26/24 HR CELL PHONES 28727 2312345 180.20 08/29/24 EXPERIAN PRE EMPLOYMENT CREDIT CHECKS 28811 2312361 27.24 09/05/24 DEPARTMENT OF JUSTIC JUL 2024 HR DEPT PORTION LIVESCAN FEES 29577 2312462 390.00 08/28/24 DEPARTMENT OF JUSTIC JULY 2024 HR DEPT LIVESCAN/FINGERPRINT 29191 2312252 128.00 09/05/24 CONCENTRA MEDICAL CE 8/15-8/20/24 OCCUPATIONAL MEDICAL 29355 2312459 1,615.25 09/05/24 THE COUNSELING TEAM SEP 2024 EAP SERVICES FOR FVFD & FVPD 29590 2312491 1,100.00 TOTAL HUMAN RESOURCES 14,831.35
10030300 PLANNING
08/28/24 DE NOVO PLANNING GRO 16800 MAGNOLIA PROJECT - CEQA REVIEW 29211 2312251 3,290.00 TOTAL PLANNING 3,290.00
10030301 BUILDING & SAFETY
09/05/24 CALIFORNIA BUILDING 2ND QTR 2024 SB1473 GREEN BUILDING FEES 29353 2312457 (112.20) 08/28/24 VCA CODE JUL 2024 - BUILDING PLAN RVW/STAFFING 29202 2401 7,735.00 08/28/24 VCA CODE JUL 2024 - BUILDING STAFFING SERVICES 29204 2401 6,790.00 08/28/24 OC SANITATION DISTRI JULY 2024 SEWER CONNECTION 28667 2312285 (418.32) 08/29/24 AT&T MOBILITY 6/27-7/26/24 BLD CELL & CE IPAD 28707 2312344 40.24 TOTAL BUILDING & SAFETY 14,034.72
10030310 CODE ENFORCEMENT
08/29/24 AT&T MOBILITY 6/27-7/26/24 BLD CELL & CE IPAD 28707 2312344 40.24 TOTAL CODE ENFORCEMENT 40.24
10040400 FINANCE
08/29/24 AT&T MOBILITY R SMITH 6/28 - 7/26/24 28798 2312346 45.24 08/28/24 AMAZON OFFICE SUPPLIES- 29260 2382 1,035.00
08/28/24 HDL COREN & CONE JUL-SEP 2024 - PROPERTY TAX CONTRACT 29173 2312261 3,960.00 08/29/24 AT&T MOBILITY R SMITH 7/27 - 8/26/24 28799 2312347 45.28 08/28/24 HINDERLITER, DE LLAM JUL-SEP'24 SALES TAX CONTRACT/AUDIT 29199 2312262 2,248.05 TOTAL FINANCE 7,333.57
10040401 PURCHASING
09/05/24 SPARKLETTS 202407 CH WATER AND COFFEE DELIVERY 29637 2312490 596.03 TOTAL PURCHASING 596.03
10050500 ENGINEERING
08/28/24 REFUND ONE-TIME REFUND (REHS) 29327 2312294 327.00 TOTAL ENGINEERING 327.00
10050503 STREET LIGHTING
08/28/24 SO CALIF EDISON CO TRAFFIC SIGNALS 6/24 - 7/24/24 29069 2312303 5,616.54 TOTAL STREET LIGHTING 5,616.54
10050550 RIGHTS-OF-WAY
08/29/24 IMPERIAL SPRINKLER S IRRIG PARTS FOR NEW ELLIS FRONTAGE 28564 2312376 302.53 08/29/24 JHM SUPPLY, INC IRRIGATION PARTS FOR MEDIAN REPAIRS 28662 2312382 1,196.07 09/05/24 SO CALIF EDISON CO 7/3-8/4/24 ROWS-JULY 29342 2312483 91.67 TOTAL RIGHTS-OF-WAY 1,590.27
10050551 TREE MAINTENANCE
08/29/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING H-2 28562 2312373 1,709.03 08/29/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING G-2 28561 2312373 551.30 08/29/24 GREAT SCOTT TREE SER LIQUID AMBER AT 9627 SHIMIZU-EMERG. WORK 28665 2312373 427.48 08/29/24 GREAT SCOTT TREE SER CARROTWOOD AT 17341 BUTTONWOOD- 28663 2312373 641.22 08/29/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING C-3 28668 2312373 2,150.07 08/29/24 GREAT SCOTT TREE SER YEARLY PALM TRIMMING F-4 28669 2312373 551.30 08/29/24 GREAT SCOTT TREE SER PEAR REMOVAL AT 18318 BIRCH ST 28670 2312373 331.88 08/29/24 GREAT SCOTT TREE SER BROOKHURST MEDIAN TRIM & SWEEPER 28671 2312373 1,794.50 08/29/24 GREAT SCOTT TREE SER SUMAC REMOVAL ON BROOKHURST MEDIAN- 28672 2312373 331.88 08/29/24 GREAT SCOTT TREE SER YEARLY PALM-TRIMMING G-3 28751 2312373 1,212.86 08/29/24 GREAT SCOTT TREE SER DEAD TREE REMOVAL ON BUSHARD ROW 28752 2312373 331.88 08/29/24 GREAT SCOTT TREE SER YEARLY PALM-TRIMMING OF D-4 28749 2312373 1,488.51 08/29/24 A.Y. NURSERY JUL 2024 - PARKWAY TREE REPLACEMENTS 29243 2312335 2,283.75 TOTAL TREE MAINTENANCE 13,805.66
10050552 PARK MAINTENANCE
08/29/24 IMPERIAL SPRINKLER S STOCK IRRIGATION-SPRINKLERS FOR PARKS 28680 2312380 1,482.27 08/29/24 NATIONAL CONSTRUCTIO VISTA VIEW PARK CLOSURE (SAND WASP 28753 2312390 1,716.00 08/28/24 SO CALIF EDISON CO HARPER PARK LEASE FY25 - ANNUAL FIXED 28551 2312304 829.20 08/28/24 MERCHANTS LANDSCAPE JUL 2024 - CIVIC FACILITIES 29248 2312274 2,940.03 08/28/24 MERCHANTS LANDSCAPE PARK LANDSCAPE MAINT-JULY 2024 29249 2312274 19,096.80 08/28/24 MERCHANTS LANDSCAPE EXTRA WORK-TREAT SAND WASPS-VISTA VIEW 29250 2312274 964.80 09/05/24 SO CALIF EDISON CO 7/22-8/19/24 MCDOWELL PARK-AUG 29346 2312484 23.68 TOTAL PARK MAINTENANCE 27,052.78
10050553 CONCRETE MAINTENANCE
08/28/24 UNITED RENTALS REPLACED SUNKEN SIDEWALK 29165 2312317 316.45 08/29/24 UNITED RENTALS SIDEWALK REPLACEMENT - 28571 2312441 308.86 08/29/24 UNITED RENTALS SIDEWALK REPLACED - 28574 2312440 330.42 08/28/24 UNITED RENTALS S/B BUSHARD S/O ELLIS-REPLACED SIDEWALK 29244 2312318 325.17 08/28/24 UNITED RENTALS S/B BUSHARD S/O ELLIS-REPLACED SIDEWALK 29245 2312319 324.61 TOTAL CONCRETE MAINTENANCE 1,605.51
10050554 PAVEMENT MAINTENANCE
08/29/24 SHAPEDPENS.COM STEAM ROLLER STRESS RELIEVER-GOVT DAY 28645 2312417 714.58 08/28/24 VULCAN MATERIAL COMP UTILITY REPAIR-SANTA CATHERINE 29261 2312331 543.79 TOTAL PAVEMENT MAINTENANCE 1,258.37
10050555 STORM DRAIN MAINT
08/28/24 PETTY CASH FIELD SER JUN 2024 - PETTY CASH-FIELD SERVICES 29320 2312288 143.28 08/29/24 SO CALIF GAS CO JUL 2024 - WALNUT PUMP STATION GAS 28692 2312425 32.08 09/05/24 SO CALIF EDISON CO 7/18-8/15/24 SANDALWOOD PUMP STATION-AUG 29343 2312486 1,088.06 TOTAL STORM DRAIN MAINT 1,263.42
10050556 TRAFFIC CONTROL
08/29/24 ROADLINE PRODUCTS IN TRAFFIC SIGN POLES 28812 2312415 3,443.80 08/28/24 ZUMAR INDUSTRIES, IN BLACK FILM FOR SIGN FABRICATION 29164 2312333 1,021.88 TOTAL TRAFFIC CONTROL 4,465.68
10050557 STREET SWEEPING
08/28/24 SCA OF CA, LLC STREET SWEEPING -JULY 2024 29048 2397 33,122.20 TOTAL STREET SWEEPING 33,122.20
10050558 RECREATION CENTER
08/29/24 IRVINE PIPE & SUPPLY STEEL COUPLINGS FOR SP MAINLINE REPAIRS 28568 2312381 682.49 08/29/24 IMPERIAL SPRINKLER S FERTILIZER FOR UAP SP NEW PLANT MATERIAL 28569 2312377 164.98 08/29/24 IMPERIAL SPRINKLER S SPINKLER HEADS FOR SPORTS PARK 28570 2312378 537.94 08/29/24 IMPERIAL SPRINKLER S IRRIGATION SUPPLIES FOR SP 28675 2312379 1,694.05 08/29/24 A-G SOD FARMS INC SOD INSTALLLLED AROUND PERIMETER-UAP 28567 2312334 652.85 08/28/24 MERCHANTS LANDSCAPE GENERAL MAINT. -JULY 2024 29246 2312274 35,889.48 08/28/24 MERCHANTS LANDSCAPE FERTILIZED THROUGH FERTIGATION 29247 2312274 978.80 08/28/24 IMPERIAL SPRINKLER S VALVE BOXES FOR SPORTS PARK IRRIGATION 29160 2312263 243.63 08/28/24 IMPERIAL SPRINKLER S STRAW WADDLES FOR SPORTS PARK 29161 2312264 914.95 08/28/24 IMPERIAL SPRINKLER S IRRIGATION SUPPLIES FOR SPORTS PARK 29162 2312265 948.78 08/28/24 IMPERIAL SPRINKLER S FERTILIZER FOR SPORTS FIELDS @ SPORTS 29241 2312266 2,059.42 09/05/24 ORANGE COUNTY WATER 4/21-8/11/24 RECYCLED WATER USAGE 29019 2432 27,201.55
TOTAL RECREATION CENTER 71,968.92
10050559 GRAFFITI CONTROL
08/29/24 SMARDAN SUPPLY CO. GRAFFITI TRAILER FITTINGS 28660 2312420 35.83 09/05/24 OMEGA INDUSTRIAL SUP GRAFFITI REMOVER 28661 2312471 1,062.04 TOTAL GRAFFITI CONTROL 1,097.87
10060600 FIRE SUPPRESSION
08/29/24 AT&T MOBILITY 6/9-7/8/24 FIRE BACK UP CELLS 28829 2312348 120.72 09/05/24 SVT FLEET SOLUTIONS APPARATUS MAINTENANCE AND REPAIR UNIT 29276 2433 1,320.00 09/05/24 AMAZON OFFICE SUPPLIES 29284 2422 89.34
09/05/24 AMAZON FIELD EQUIPMENT - STREAMLIGHT FLASHLIGHT 29285 2422 21.40 09/05/24 KERR, MONICA PARKING FEE ORANGE COUNTY FIRE CHIEFS 29286 2427 12.00 08/28/24 AT&T MOBILITY FIRE BACK-UP CELLS 7.9.24-8.8.24 29296 2312240 120.72 08/28/24 AT&T MOBILITY FIRE CELL PHONES 7.9.24-8.8.24 29297 2312241 185.24 TOTAL FIRE SUPPRESSION 1,869.42
10060601 PARAMEDICS
08/29/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM EXCHANGE OF
28633 2312397 121.19
08/29/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM EXCHANGE OF
28627 2312397 126.61
08/29/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM EXCHANGE OF 28628 2312397 126.61 09/05/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 1 29274 2312475 126.61 09/05/24 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 2 29275 2312475 126.61 09/05/24 AMAZON JANITORIAL SUPPLIES FOR STATIONS 29281 2422 874.38 09/05/24 AMAZON JANITORIAL SUPPLIES STATIONS 29282 2422 121.26 09/05/24 AMAZON CREDIT MEMO FOR INVOICE 1YJR-4JV4-3Q6X 29283 2422 (127.67) 09/05/24 TURNOUT MAINTENANCE CLEANING/REPAIR OF TURNOUTS VELASCO 29287 2312493 124.00 TOTAL PARAMEDICS 1,619.60
10060602 AMBULANCE SERVICES
08/28/24 MCKESSON MEDICAL-SUR CREDIT FOR MEDICAL SUPPLIES 24156 2394 (1.71) 08/29/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 28609 2312349 152.07 08/29/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 28610 2312349 140.22 08/29/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 28613 2312349 237.06 08/29/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 28611 2312349 111.16 08/29/24 BOUND TREE MEDICAL 1ST AID/PARAMEDIC SUPPLIES 28612 2312349 365.27 09/05/24 PCARD ONE TIME PAY WITTMAN JULY REFUND VICTORINO 28585 2312473 2,896.50 09/05/24 PCARD ONE TIME PAY WITTMAN JULY REFUND MATZEK 28586 2312474 1,075.77 08/29/24 PCARD ONE TIME PAY WITTMAN JULY REFUND WHITE 28588 2312393 102.97 08/29/24 PCARD ONE TIME PAY WITTMAN JULY REFUND CHISHOLM 28589 2312391 3,462.89 08/29/24 PCARD ONE TIME PAY WITTMAN JULY REFUND DIAZ 28590 2312392 1,117.70 09/05/24 MCKESSON MEDICAL-SUR 1ST AID/PARAMEDIC SUPPLIES 29277 2430 154.55 09/05/24 MCKESSON MEDICAL-SUR 1ST AID/PARAMEDIC SUPPLIES 29278 2430 509.30 09/05/24 MCKESSON MEDICAL-SUR 1ST AID/PARAMEDIC SUPPLIES 29279 2430 108.36 09/05/24 MCKESSON MEDICAL-SUR 1ST AID/PARAMEDIC SUPPLIES 29280 2430 849.98 09/05/24 ZOLL MEDICAL CORPORA 1ST AID/PARAMEDIC SUPPLIES 29288 2312496 239.25 08/28/24 MCKESSON MEDICAL-SUR 1st AID/PARAMEDIC SUPPLIES 29289 2394 481.55 08/28/24 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 29290 2312270 298.45 08/28/24 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 29291 2312270 815.63
08/28/24 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 29292 2312270 219.88 08/28/24 LIFE ASSIST 1st AID/PARAMEDIC SUPPLIES 29293 2312270 385.17 08/28/24 PCARD ONE TIME PAY WITTMAN AUGUST 2024 REFUND 29294 2312286 102.97 08/28/24 PCARD ONE TIME PAY WITTMAN AUGUST 2024 REFUND 29295 2312287 80.00 08/28/24 CARE AMBULANCE AMBULANCE OVER TIME PAY PERIOD 17 29300 2391 398.32 08/28/24 CARE AMBULANCE AMBULANCE OVERTIME PAY PERIOD 16 29301 2391 551.52 08/28/24 CARE AMBULANCE AMBULANCE OVERTIME PAY PERIOD 15 29303 2391 413.64 08/28/24 CARE AMBULANCE AMBULANCE SERVICES CONTRACT 8.6.24- 29305 2391 52,307.08 08/28/24 CARE AMBULANCE AMBULANCE SERVICES CONTRACT 8.20.24 - 29306 2391 52,307.08 08/28/24 BOUND TREE MEDICAL 1st AID/PARAMEDIC SUPPLIES 29326 2389 498.51 08/28/24 ZOLL MEDICAL CORPORA 1st AID/PARAMEDIC SUPPLIES 29328 2312332 235.10 08/28/24 ZOLL MEDICAL CORPORA 1st AID/PARAMEDIC SUPPLIES 29329 2312332 364.73 TOTAL AMBULANCE SERVICES 120,980.97
10060603 FIRE PREVENTION
08/28/24 AT&T MOBILITY FIRE CELL PHONES 7.9.24-8.8.24 29297 2312241 45.05 TOTAL FIRE PREVENTION 45.05
10060605 DISASTER PREPAREDNESS
08/28/24 AT&T MOBILITY FIRE CELL PHONES 7.9.24-8.8.24 29297 2312241 45.05 TOTAL DISASTER PREPAREDNESS 45.05
10070700 PATROL
09/05/24 CITY NET JUL 2024 - OUTREACH & ENGAGEMENT 29376 2312458 31,416.64 08/28/24 FORENSIC NURSE SPECI VICTIM EXAMS - DR 24-24050 29219 2312254 1,200.00 08/28/24 CITY OF SANTA ANA JUL 2024 - BOOKING FEES 29210 2312246 146.00 08/28/24 AMAZON TOURNIQUETS 29221 2382 96.66
08/28/24 AMAZON DESK NAMEPLATES - CENDEJAS & EDMUNSON 29223 2382 31.35 09/05/24 AMAZON NAMEPLATE - WILLIAMS 29373 2422 17.19
TOTAL PATROL 32,907.84
10070701 INVESTIGATION
08/28/24 ULINE PROPERTY SUPPLIES 29216 2312316 334.32
08/29/24 VIGILANT SOLUTIONS, LICENSE PLATE READER DATA 28650 2312450 6,800.00 08/28/24 COUNTY OF ORANGE JUL 2024 - AFIS 29213 2312248 1,704.00 09/05/24 DEPARTMENT OF JUSTIC JUL 2024 - PARTIAL PAYMENT OF PD LIVE SCAN 29366 2312461 270.00 09/05/24 EFFICIENT X-RAY, INC BIOHAZARD WASTE PICKUP 29368 2312463 65.00 09/05/24 COUNTY OF ORANGE AUG 2024 - AFIS 29367 2312460 1,704.00 09/05/24 AMAZON BATTERIES 29374 2422 208.09
TOTAL INVESTIGATION 11,085.41
10070702 TRAFFIC
09/05/24 ALL CITY MANAGEMENT 8/4-8/17/24 CROSSING GUARDS 29371 2421 932.60 TOTAL TRAFFIC 932.60
10070703 CANINE
08/28/24 AMAZON PA SYSTEM & BLUETOOTH SPEAKER 29217 2382 922.20 TOTAL CANINE 922.20
10070704 S.W.A.T.
09/05/24 ADAMSON POLICE PRODU SWAT EQUIPMENT 29566 2312452 1,129.15 TOTAL S.W.A.T. 1,129.15
10070705 L.E. COMMUNICATIONS
08/29/24 CYRACOM INTERNATIONA JUL 2024 - NON-EMERGENCY TRANSLATIONS 28653 2312358 52.65 TOTAL L.E. COMMUNICATIONS 52.65
10070707 CRIME PREVENTION
09/05/24 JRBADGES JR POLICE BADGES (3,000) 29375 2312465 512.88 TOTAL CRIME PREVENTION 512.88
10070708 RANGE
08/29/24 CITY OF WESTMINSTER RANGE USAGE - 6/10, 6/13 & 6/17/24 28408 2312354 1,209.00 08/28/24 CITY OF WESTMINSTER RANGE USE - 7/5, 7/9, 7/16 & 7/19 29208 2312247 1,870.00 08/28/24 ADKINS, BERTRUM A. AUG 2024 - PROFESSIONAL SERVICES 29209 2381 919.25 TOTAL RANGE 3,998.25
10080800 RECREATION CENTER
08/29/24 SPECTRUM GAS PRODUCT REC CENTER HELIUM RENTAL 28635 2312433 26.00 08/29/24 VERIZON WIRELESS 7/2 - 8/1/24 REC CENTER PHONES 28726 2312447 45.02 08/29/24 REC SVCS REFUND FACILITY RENTAL REFUND 28642 2312401 640.00 08/29/24 SPARKLETTS JUL 2024 - REC CENTER WATER DELIVERY 28636 2312432 68.43 09/05/24 AMAZON OFFICE SUPPLIES FOR RC 28973 2422 126.22 09/05/24 AMAZON OFFICE SUPPLIES FOR RC 28976 2422 48.78 08/29/24 REC SVCS REFUND REFUND FOR RENTAL 28789 2312400 75.00 09/05/24 REC SVCS REFUND RENTAL REFUND - DUE TO FLOODING/ AC 28972 2312477 400.00 09/05/24 SPARKLETTS AUG 2024 REC WATER DELIVERY 29134 2312489 59.94 09/05/24 AMAZON RC OFFICE - LAMINATOR 29137 2422 113.09 09/05/24 ULINE SHELVING FOR RC 29148 2312494 609.59
TOTAL RECREATION CENTER 2,212.07
10080801 ATHLETICS
08/28/24 REC SVCS REFUND LOW ENROLLMENT NOT ENOUGH COACHES 27367 2312292 80.00 08/29/24 VERIZON WIRELESS 7/2 - 8/1/24 REC CENTER PHONES 28726 2312447 37.64 08/28/24 MANHATTAN STITCHING ADULT SOFTBALL SUMMER 2024 SECOND 28950 2312273 983.17 08/28/24 MANHATTAN STITCHING ADULT SOFTBALL SUMMER 2024 28949 2312273 1,330.71 08/29/24 G & G TROPHY LLC SUMMER 2024 YOUTH BASKETBALL AWARDS 28742 2312370 337.13 09/05/24 REC SVCS REFUND YOUTH BASKETBALL REFUND 29568 2312478 80.00 TOTAL ATHLETICS 2,848.65
10080802 FIELD OPERATIONS
09/05/24 AMAZON UNIFORMS FOR FIELD OPS 28974 2422 1,284.73 08/28/24 SITEONE LANDSCAPE SU FIELD PRODUCT 40 BAGS OF CLAY AND 56
29207 2312302 1,422.02
TOTAL FIELD OPERATIONS 2,706.75
10080810 SENIOR & COMM CENTER
08/28/24 SPARKLETTS MAR 2024 SR CENTER WATER DELIVERY 29337 2312307 44.92 08/29/24 SPARKLETTS JUN 2024 - SENIOR CENTER WATER DELIVERY 28432 2312431 63.94 08/28/24 AMAZON RETURNED ITEMS - CREDITING BACK FOR NON 29200 2382 (64.31) 08/28/24 AMAZON RETURNED ITEMS - CREDITING BACK FOR NON 29201 2382 (7.40) 08/28/24 AMAZON RETURNED ITEMS - CREDITING BACK FOR NON 29203 2382 (23.91) 08/28/24 AMAZON RETURNED ITEMS - CREDITING BACK FOR NON 29205 2382 (29.33) 08/28/24 SPARKLETTS 6/25-7/17 SR CENTER WATER DELIVERY 29338 2312308 33.75 08/29/24 C.O.D. WHOLESALE, IN AUG DANCE - ACPD TABLECLOTHS 28677 2312351 21.81
08/28/24 SPARKLETTS 2024 JULY-AUG SR. CENTER WATER DELIVERY 29339 2312309 55.45 08/28/24 AMAZON SPECIAL EVENT SUPPLIES 29238 2382 21.72 08/28/24 BLDG REFUND REFUND FOR RENTAL ON 7/26/2025 29233 2312242 200.00 09/05/24 SYSTEMS SOURCE, INC SENIOR CENTER CHAIRS 29581 2434 689.94 08/28/24 LEI JES CATERING CATERING FOR LUAU LUNCHEON 29332 2393 1,127.53 09/05/24 AMAZON RECYCLE STICKER LOGO 29576 2422 8.58
TOTAL SENIOR & COMM CENTER 2,142.69
10080820 CONTRACT CLASSES
08/28/24 REC SVCS REFUND REFUND FOR 125047-A1 15796 2312291 20.00 08/29/24 SOUTHWEST OFFSET PRI FY 24/25 FOUNTAIN PEN 28450 2312430 7,747.92 08/29/24 REC SVCS REFUND REFUND 189060 28771 2312412 32.50 08/29/24 REC SVCS REFUND REFUND 155030 28772 2312403 206.00 08/29/24 REC SVCS REFUND REFUND 171037 28773 2312402 38.00 08/29/24 REC SVCS REFUND REFUND 122041 28774 2312404 127.00 08/29/24 REC SVCS REFUND REFUND 133051 28775 2312410 80.00 08/29/24 REC SVCS REFUND REFUND 133050 28777 2312407 80.00 08/29/24 REC SVCS REFUND REFUND 127017 28778 2312413 205.00 08/29/24 REC SVCS REFUND REFUND 127017 28779 2312408 205.00 08/29/24 REC SVCS REFUND REFUND 127017-A1 28780 2312406 205.00 08/29/24 REC SVCS REFUND REFUND 127017-A1 28781 2312405 205.00 08/29/24 REC SVCS REFUND REFUND 127012 28783 2312411 189.00 08/29/24 REC SVCS REFUND REFUND 127012 28784 2312409 189.00 08/29/24 REC SVCS REFUND REFUND FOR 155031-A2 28801 2312399 27.00 09/05/24 MAD SCIENCE INSTRUCTOR PAYMENT 28892 2429 713.70 08/28/24 CS DANCE FACTORY INSTRUCTOR PAYMENT FOR 171130-171131 29215 2312249 1,154.00 08/28/24 CAMARENA, EDWARD J INSTRUCTOR PAYMENT FOR 171132-171134 29222 2390 3,770.00 08/28/24 REFUND ONE-TIME REFUND FOR STRETCH & FLEX 29234 2312293 36.00 09/05/24 REC SVCS REFUND REFUND 251017 29235 2312479 115.00 09/05/24 REFUND ONE-TIME REFUND FOR INTEGRAL TAI CHI 29341 2312480 84.00 09/05/24 FOX, CAROLYN J. INSTRUCTOR PAYMENT 29348 2426 807.30 09/05/24 FOX, CAROLYN J. INSTRUCTOR PAYMENT 29349 2426 91.00 TOTAL CONTRACT CLASSES 16,327.42
10080821 SPECIAL EVENTS
08/29/24 SWANK MOTION PICTURE ELEMENTAL LICENSE MOVIES IN THE PARK 28448 2312435 465.00 08/29/24 SWANK MOTION PICTURE TOY STORY 4 LICENSE MOVIES IN THE PARK 28449 2312436 465.00 08/29/24 QUANTUM SIGNS & GRAP CONCERT IN THE PARK BANNER 28637 2312398 163.13 TOTAL SPECIAL EVENTS 1,093.13
10080822 ANNUAL EVENTS
09/05/24 REC SVCS REFUND REFUND FOR CAMPOUT 29133 2312476 32.50 TOTAL ANNUAL EVENTS 32.50
10080823 PARK PATROL
08/29/24 VERIZON WIRELESS 7/2 - 8/1/24 REC CENTER PHONES 28726 2312447 51.32 TOTAL PARK PATROL 51.32
10097000 GF PROJ RECURRING
08/29/24 COUNTY OF ORANGE 7/1-9/30/24 800 MHZ AGREEMENT 28866 2312355 37,402.18
TOTAL GF PROJ RECURRING 37,402.18
11010050 ISF IS ADMIN CAPITAL
08/28/24 CHARTER COMMUNICATIO 1/14-2/13/24 SENIOR CENTER 29262 2312245 229.98 08/29/24 KONICA MINOLTA BUSIN HIGHLAND AGENDA MANAGER MILESTONE 2 28734 2312384 7,625.00 08/29/24 CHARTER COMMUNICATIO DIGITAL BOXES 07/01-07/31/24 28495 2312353 85.93 08/29/24 CHARTER COMMUNICATIO SC COMP LAB 7/14-8/13 28458 2312352 229.98 08/28/24 ADVANCED OFFICE / IN JUL 2024 CITY YARD 29095 2312237 111.75 08/28/24 ADVANCED OFFICE / IN 7/6-8/5/24 CITY HALL PLANNING DEPT 29092 2312237 19.61 08/28/24 ADVANCED OFFICE / IN 7/3-8/2/24 FINANCE/PURCHASING 29131 2312237 133.49 08/28/24 CHARTER COMMUNICATIO 8/14-9/13/24 SENIOR CENTER 29170 2312244 229.98 09/05/24 NMK CORPORATION NETWORK SUPPORT SERVICES 29029 2312470 1,500.00 09/05/24 ADVANCED OFFICE / IN 7/18-8/17/24 CONT # 41194-01 ACCT# 22588 PD 29236 2312453 21.01 09/05/24 TEMPORARY STAFFING 8/12-8/18/24 ERIC FONG 29237 2435 1,212.75 09/05/24 NEOGOV NEOGOV INSIGHT RECRUITMENT/ONB 29358 2312469 948.89 09/05/24 ADVANCED OFFICE / IN 7/26-8/25/2025 PD 29578 2312453 592.70 09/05/24 AMAZON KEYBOARD, FACE MASKS, DVD WRITERS 29583 2422 260.22 09/05/24 AMAZON YELLOW TONER 29584 2422 93.41
TOTAL ISF IS ADMIN CAPITAL 13,294.70
11010104 ISF IS
08/29/24 AT&T MOBILITY 6/27 - 7/26/24 IT CELL PHONES 28685 2312342 145.74 08/29/24 AT&T MOBILITY 06/27 - 07/26/24 IT MANAGER CELL PHONES 28687 2312343 143.42 TOTAL ISF IS 289.16
11094001 ISF IS FINANCE PRJ NON-REC
08/28/24 TYLER TECHNOLOGIES UB IMPL 4/2-4/4 DELGADO 29335 2312315 3,500.00 TOTAL ISF IS FINANCE PRJ NON-REC 3,500.00
11110000 ISF GB CITY HALL
08/29/24 SUPERIOR POOL PRODUC FOUNTAIN FILTERS AND O RING - CH 28813 2312434 200.55 08/28/24 SOUTH COAST AIR QUAL EMISSIONS FEES 29073 2312305 165.96 08/28/24 SOUTH COAST AIR QUAL GENERATOR FEE 29074 2312306 541.04 08/29/24 TRICOM FIRE & ELECTR NEW ADMIN OFFICE SPRINKLER 28759 2312438 790.43 08/29/24 FRONTIER COMMUNICATI 7/25 - 8/24/24 T-1 METRO NET 28638 2312366 721.88 08/29/24 VERIZON WIRELESS FLEET AND BLNG CELL (JUN 26-JUL 25) 28794 2312449 106.49 08/29/24 FRONTIER COMMUNICATI 7/28 - 8/27/24 EOC LINES 28735 2312367 557.42 08/28/24 ROAD RUNNER EXTERMIN AUG 2024-PEST CONTROL 29076 2312297 76.00 08/29/24 SO CALIF GAS CO JUL 2024 - CITY HALL GAS 28689 2312422 412.70 09/05/24 SO CALIF EDISON CO 7/9-8/6/24 CITY HALL-JULY 29345 2312488 18,473.64 08/28/24 GRAINGER, INC. HVAC-AIR FILTERS-CH 29299 2312260 183.48 08/28/24 JMG SECURITY SYSTEMS REMOUNTED ALARM PANEL 29309 2312269 250.00 TOTAL ISF GB CITY HALL 22,479.59
11110001 ISF GB B&G CLUB
08/29/24 PROFESSIONAL PLUMBIN DRAIN CLEARED AT BOYS AND GIRLS CLUB 28766 2312396 525.00 TOTAL ISF GB B&G CLUB 525.00
11150000 ISF GB CITY YARD
08/29/24 AMTECH ELEVATOR SERV AUG 2024 - CY ELEVATOR MAINTENANCE 28756 2312337 226.61 08/29/24 COUNTY OF ORANGE TRASH INSPECTION FEE 28763 2312356 133.00
08/29/24 SO CALIF GAS CO JUL 2024 - CITY YARD GAS 28698 2312429 1.57 09/05/24 AMTECH ELEVATOR SERV SEP 2024 - MONTHLY SERVICE FOR YARD 29361 2425 226.61 08/28/24 AMAZON EMPLOYEES ONLY SIGNS 29154 2384 110.87
08/28/24 AMAZON EMPLOYEES ONLY BEYOND THIS POINT SIGN 29155 2385 20.65 09/05/24 AT&T 7/22-8/21/2024 PBX CY/FS#2/REC PARK 29372 2312455 210.21 TOTAL ISF GB CITY YARD 929.52
11160001 ISF GB FS1
08/29/24 FRONTIER COMMUNICATI FS#1 PHONE 7/13-8/12/24 28451 2312363 202.91 08/29/24 PROFESSIONAL PLUMBIN SHOWER DRAINS CLEARED FD2 28764 2312394 324.00 08/29/24 FRONTIER COMMUNICATI FS#1 CKT 7/22-8/21/24 28502 2312365 55.72 08/28/24 FRONTIER COMMUNICATI 8/13-9/12/24 FS#1 29171 2312256 204.82 08/28/24 PROFESSIONAL PLUMBIN UNCLOG MENS SHOWERS 29302 2312290 225.00 TOTAL ISF GB FS1 1,012.45
11160002 ISF GB FS2
08/29/24 AT&T FS#2 CKT METRO 6/20-7/19 28454 2312341 58.36 08/29/24 AT&T FS#2 & CY PH 6/22-7/21 28453 2312341 610.16 08/29/24 SO CALIF GAS CO JUL 2024 - FIRE STATION #2 GAS 28694 2312427 80.87 09/05/24 AT&T 7/20 - 8/19/2024 FS#2 CKT METRO 29334 2312455 58.36 09/05/24 SO CALIF EDISON CO 7/23-8/20/24 FIRE STATION #2 29344 2312487 1,319.52 09/05/24 AT&T 7/22-8/21/2024 PBX CY/FS#2/REC PARK 29372 2312455 210.21 TOTAL ISF GB FS2 2,337.48
11170000 ISF GB POLICE DEPARTMENT
08/28/24 FRONTIER COMMUNICATI FRONTIER PD DISPATCH FAX 5/13-6/12 25924 2312255 98.81 08/28/24 PETTY CASH FIELD SER JUN 2024 - PETTY CASH-FIELD SERVICES 29320 2312288 36.57 08/29/24 FRONTIER COMMUNICATI PD DISPATCH FAX 7/13-8/12/24 28452 2312364 113.41 08/29/24 AMTECH ELEVATOR SERV AUG 2024 - PD ELEVATOR MAINTENANCE 28758 2312339 204.88 08/29/24 VERIZON WIRELESS 07/23 - 08/22/24 PD MDC 28639 2312448 1,194.14 08/29/24 DAVID CROWELL ELECTR OUTLET FOR NEW FIRE PANEL 28760 2312359 580.00 08/29/24 FRONTIER COMMUNICATI 7/28 - 8/27/24 CENTRA NET TO 911 28736 2312368 320.04 08/29/24 FRONTIER COMMUNICATI 07/28 - 08/27/24 PD DISPATCH 28737 2312369 407.42 08/28/24 ROAD RUNNER EXTERMIN AUG 2024- PEST CONTROL PD 29081 2312298 112.00 08/29/24 SO CALIF GAS CO JUL 2024 - PD GAS 28691 2312424 154.71 09/05/24 AMTECH ELEVATOR SERV SEP 2024 - MONTHLY SERVICE PD 29360 2424 204.88 08/28/24 FRONTIER COMMUNICATI 8/13-9/12/24 PD DISPATCH FAX 29172 2312257 113.41 09/05/24 COUNTY OF ORANGE AUG 2024 - OCATS 29370 2312460 1,374.20 TOTAL ISF GB POLICE DEPARTMENT 4,914.47
11180000 ISF GB REC CENTER
08/29/24 SMARDAN SUPPLY CO. TOILET REPAIR 28768 2312421 57.65 08/29/24 PROFESSIONAL PLUMBIN CLEARED DRAIN AT FLDS 8/9/10 28765 2312395 475.00 08/29/24 KIRBY BUILT EXPANDED METAL BALLFIELD BENCHES 28816 2312383 18,418.35 08/28/24 ROAD RUNNER EXTERMIN AUG 2024- PEST CONTROL RC 29082 2312299 86.00 08/28/24 ROAD RUNNER EXTERMIN AUG 2024- PEST CONTROL SP 29083 2312300 184.00 08/29/24 SO CALIF GAS CO JUL 2024 - REC CENTER GAS 28693 2312426 126.55 09/05/24 AT&T 7/22-8/21/2024 PBX CY/FS#2/REC PARK 29372 2312455 210.21 TOTAL ISF GB REC CENTER 19,557.76
11180001 ISF GB SR CENTER
08/29/24 AMTECH ELEVATOR SERV AUG 2024 - SC ELEVATOR MAINTENANCE 28757 2312338 194.80 08/29/24 GRAINGER, INC. REPLACEMENT WHEELS 28769 2312372 203.84 08/29/24 SO CALIF GAS CO JUL 2024 - SENIOR CENTER GAS 28690 2312423 164.27 08/29/24 SO CALIF GAS CO JUL 2024 - SANDALWOOD PUMP STATION GAS 28695 2312428 19.58 09/05/24 AMTECH ELEVATOR SERV SEP 2024 - MONTHLY SERVICE SC 29359 2423 194.80 08/28/24 ROAD RUNNER EXTERMIN MONTHLY PEST CONTROL-SC 29304 2312301 144.00 08/28/24 JMG SECURITY SYSTEMS REPLACED SMOKE DETECTOR-SC 29307 2312267 545.28 08/28/24 JMG SECURITY SYSTEMS TROUBLE SHOOT ALARM 29308 2312268 250.00 TOTAL ISF GB SR CENTER 1,716.57
11250001 PW - FLEET MGMT
08/28/24 MAGNOLIA CAR WASH FEB 2024 - CAR WASHES 29255 2312272 139.86 08/28/24 MAGNOLIA CAR WASH MAR 2024 - CAR WASHES 29256 2312272 159.84 08/28/24 MAGNOLIA CAR WASH APR 2024 - CAR WASHES 29257 2312272 219.78 08/28/24 MAGNOLIA CAR WASH MAY 2024 - CAR WASHES 29258 2312272 289.71 08/29/24 THEODORE ROBINS FORD PARTS RETURN CREDITS 27566 2312437 (995.33) 08/28/24 MAGNOLIA CAR WASH JUN 2024 - CAR WASHES 29259 2312272 334.70 08/28/24 PETTY CASH FIELD SER JUN 2024 - PETTY CASH-FIELD SERVICES 29320 2312288 197.34 09/05/24 SC FUELS BULK GAS FOR STATION 1 29570 2312482 1,493.44 08/29/24 RINCON TRUCK CENTER, STOCK PARTS 28748 2312414 17.16 08/29/24 RINCON TRUCK CENTER, STOCK PARTS 28750 2312414 6.84 08/29/24 GRAINGER, INC. JANITOR SUPPLYING 28743 2312371 141.59 08/29/24 THEODORE ROBINS FORD PARTS FOR UNIT 239 28745 2312437 1,590.53 08/29/24 FACTORY MOTOR PARTS BATTERY FOR UNIT 8609 TRAILER 28744 2312362 133.60 08/29/24 HUNTINGTON BEACH HON SHOP SUPPLIES 28746 2312375 51.71 08/28/24 MAGNOLIA CAR WASH CAR WASH JULY 29185 2312272 669.50 09/05/24 SC FUELS BULK GAS FOR STATION 1 29572 2312482 2,067.36 09/05/24 SC FUELS BULK DIESEL FOR STATION 1 29573 2312482 3,062.86 08/29/24 FACTORY MOTOR PARTS CITY HALL GENERATOR BATTERY 28747 2312362 238.97 09/05/24 SC FUELS BULK DIESEL FOR STATION 2 29571 2312482 1,924.95 08/28/24 RINCON TRUCK CENTER, STOCK PARTS 29193 2312296 18.94 08/28/24 THEODORE ROBINS FORD STOCK PARTS 29176 2312314 325.84 08/28/24 FACTORY MOTOR PARTS STOCK BATTERIES 29179 2312253 708.45 08/28/24 FACTORY MOTOR PARTS BATTERY FOR UNIT 8657 29181 2312253 132.62 09/05/24 SC FUELS BULK GAS FOR STATION 1 29569 2312482 1,878.69 08/28/24 FACTORY MOTOR PARTS PART FOR UNIT 8639 29178 2312253 185.96 TOTAL PW - FLEET MGMT 14,994.91
11270052 ISF FL PD CAPITAL
08/28/24 MONSTER IMAGE, INC UNIT 433 - DURANGO DECALS 29180 2312284 1,477.91 08/28/24 RHINO LININGS OF ORA UNIT 431 - SPRAY HOOD 29183 2312295 252.31 08/28/24 RHINO LININGS OF ORA UNIT 432 - SPRAY HOOD 29186 2312295 252.31 08/28/24 RHINO LININGS OF ORA UNIT 434 - SPRAY HOOD 29206 2312295 252.31 08/28/24 MONSTER IMAGE, INC UNIT 436 - DURANGO DECALS 29182 2312284 1,477.91 TOTAL ISF FL PD CAPITAL 3,712.75
11350053 ISF EQ PW R&C CAPITAL
08/28/24 AMAZON SIDE STEP FOR TRUCK AND WRENCH SET 29152 2383 74.47 TOTAL ISF EQ PW R&C CAPITAL 74.47
11370053 ISF EQ PD R&C CAPITAL
08/28/24 GALLS, LLC VEST - A. VEGA 29212 2312258 890.35 08/28/24 GALLS, LLC VEST - HUNTER 29177 2312258 976.32
TOTAL ISF EQ PD R&C CAPITAL 1,866.67
11400411 SELF INSURANCE
08/29/24 EMPLOYMENT DEVELOPME ACCT #932-0092-1 UNEMP BENEFIT 28702 2312360 2,197.00 09/04/24 HARPER AND BURNS, LL JUL 2024 - CLAIMS LITIGATION 28901 2411 46,098.52 TOTAL SELF INSURANCE 48,295.52
11500000 ISF EMPLOYEE BENEFITS
08/28/24 U.S. BANK, N.A. 2015A POB DBT SVC PMT (P&I) 29265 2400 1,169,912.50 08/29/24 AFLAC AUG'24 AFLAC ACCT HH049 28762 2312336 3,264.62 08/28/24 STANDARD INSURANCE C AUG 2024 - VISION ACTIVE 29239 2312310 2,369.34 08/28/24 STANDARD INSURANCE C AUG 2024 - VISION COBRA 29240 2312311 18.48 09/05/24 MUNICIPAL DENTAL POO SEPTEMBER '24 DELTA DENTAL PPO 29058 2312467 10,810.17 09/05/24 MUNICIPAL DENTAL POO AUGUST '24 DELTA DENTAL HMO 29060 2312468 2,189.72 09/04/24 FOUNTAIN VALLEY POLI PR PPE 083024 - DED 8002 FVPOA 29592 2409 2,300.00 09/04/24 FOUNTAIN VALLEY CRED PR PPE 083024 - DED 9500 CU 29593 2407 38,644.60 09/04/24 FOUNTAIN VALLEY FIRE PR PPE 083024 - DED 8000 FVFA 29594 2408 2,647.64 09/05/24 EMPOWER/BENEFITS COR PR PPE 083024 - DED 7031-7032-7033-7036 29595 2404 77,794.08 09/05/24 CALIFORNIA STATE DIS PR PPE 083024 - DED 6004-6005-6007 29596 2402 1,136.29 09/05/24 ORANGE COUNTY SHERIF CASE#: 30-2021-01185242-CL-CL-CJC 29597 2312472 593.25 09/04/24 MISSION SQUARE RET P PLAN# 803216 - PR PPE 083024 - DED 2013 & 29598 2413 2,480.60 09/04/24 MISSION SQUARE RET P PLAN# 800389 - PR PPE 083024 - DED 2011 29599 2414 1,011.82 09/04/24 MISSION SQUARE RET P PLAN#800414 - PPE 083024 - DED 2014 29600 2415 203.54 09/04/24 MISSION SQUARE RET P PLAN# 108536 - PR PPE 083024 - DED 2018 29601 2416 576.90 09/04/24 U.S. BANK N.A. PR PPE 083024 - DED 7029 & 7030 PAR & PRE 29602 2420 2,737.50 09/04/24 FVPOA PAC PR PPE 083024 - DED 8005 FVPOA PAC 29603 2410 480.00 09/05/24 INTERNAL REVENUE SER PR PPE 083024 - DED 1100 & 3000 FED & MEDI 29604 2403 163,132.25 09/05/24 EMPLOYMENT DEVELOPME PR PPE 083024 - DED 4000 STATE TAX 29605 2405 54,476.86 09/04/24 TEAMSTERS LOCAL UNIO PR PPE 083024 - DED 8003 - P & T 29606 2417 287.50 09/04/24 TEAMSTERS LOCAL UNIO PR PPE 083024 - DED 8004 - MEA 29607 2418 412.50 09/04/24 TEAMSTERS LOCAL UNIO PR PPE 083024 - DED 8001 - GEA 29608 2419 375.00 TOTAL ISF EMPLOYEE BENEFITS 1,537,855.16
11500450 EMPLOYEE BENEFITS
08/29/24 MISSION SQUARE RET P APR-JUN 2024 - PLAN #803210 RHS FEE 28595 2312389 1,000.00 08/28/24 MISSION SQUARE RET P 1/1-3/31/21 RHS ACCOUNT FEES 29310 2312275 862.50 08/28/24 MISSION SQUARE RET P 7/1-9/30/2022 RHS ACCOUNT FEES 29311 2312276 906.25 08/28/24 MISSION SQUARE RET P 10/1-12/31/2022 RHS ACCOUNT FEES 29312 2312277 962.50 08/28/24 MISSION SQUARE RET P 1/1-3/31/2023 RHS ACCOUNT FEES 29313 2312278 987.50 08/28/24 MISSION SQUARE RET P 6/1-9/30/2019 883210 RHS ACCT FEES 29314 2312279 6.25 08/28/24 MISSION SQUARE RET P 10/1-12/31/2019 ACCT 883210 RHS FEES 29316 2312280 12.50 08/28/24 MISSION SQUARE RET P 7/1-9/30/2020 ACCT 883210 RHS FEES 29317 2312281 18.75 08/28/24 MISSION SQUARE RET P 10/1-12/31/2020 ACCT 883210 RHS FEES 29318 2312282 18.75
08/28/24 MISSION SQUARE RET P 1/1-3/31/2021 ACCT 883210 RHS FEES 29319 2312283 18.75 08/29/24 MISSION SQUARE RET P JUL-SEP 2024 - PLAN #106082 FEE 28597 2312388 125.00 09/05/24 MUNICIPAL DENTAL POO SEPTEMBER '24 DELTA DENTAL PPO 29058 2312467 10,903.57 09/05/24 MUNICIPAL DENTAL POO AUGUST '24 DELTA DENTAL HMO 29060 2312468 444.14 09/05/24 MISSION SQUARE RET P OCT 2024 - PLAN #803210-RETIREE REIMB. 29357 2431 134,329.35 TOTAL EMPLOYEE BENEFITS 150,595.81
23030313 CDBG NEIGHBOORHOOD REVITA
08/29/24 YOU CHECK CREDIT.COM JULY 2024 - HIP CREDIT CHECK 28733 2312451 19.90 09/05/24 LEIFKES CONSULTING, CDBG HOME IMPROVEMENT PROGRAM 29591 2428 3,440.00 TOTAL CDBG NEIGHBOORHOOD REVITA 3,459.90
30095300 CAPITAL IMP - FACILITIES
08/28/24 MEYERS CONSTRUCTION MEYERS CONSTRUCTION - CITY HALL FINANCE 29331 2395 26,100.00 08/28/24 KYA SERVICES LLC JUN 2024 - PRE CONSTRUCTION SVCS CITY 29333 2392 7,968.75 TOTAL CAPITAL IMP - FACILITIES 34,068.75
30095302 CAPITAL IMP - PAVEMENT REHAB
08/28/24 BUCKNAM INFRASTRUCTU JAN 2024 - GIS SUPPORT SERVICES 28959 2312243 379.50 08/29/24 BUCKNAM INFRASTRUCTU APRIL 2024 - PAVEMENT MANAGEMENT 28465 2312350 2,870.50 TOTAL CAPITAL IMP - PAVEMENT REHAB 3,250.00
40000000 FVPFA DEBT SERVICE
08/28/24 THE BANK OF NEW YORK 2017 CREBS DS PMT (P&I) 29263 2398 112,131.17 TOTAL FVPFA DEBT SERVICE 112,131.17
50000000 WF NON-DEPARTMENTAL
08/29/24 UTILITY REFUND UTILITY REFUND - FINALED 7/3/24 28473 2312446 29.51 08/29/24 UTILITY REFUND UTILITY REFUND - FINALED 6/27/24 28474 2312444 47.71 08/29/24 UTILITY REFUND UTILITY REFUND - FINALED 7/23/24 28475 2312443 25.35 08/29/24 UTILITY REFUND UTILITY REFUND - FINALED 7/19/24 28480 2312445 19.08 08/29/24 UTILITY REFUND UTILITY REFUND - FINALED 7/17/24 28481 2312442 13.25 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 7/16/24 28937 2312330 22.37 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 8/5/24 28940 2312328 14.90 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 7/24/24 28942 2312324 33.87 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 7/10/24 28943 2312323 22.70 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 8/8/24 28944 2312327 36.66 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 8/6/24 28945 2312329 29.33 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 8/6/24 28946 2312326 26.73 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 6/20/24 28947 2312325 157.40 08/28/24 UTILITY REFUND UTILITY REFUND - FINALED 8/15/24 29020 2312322 41.02 TOTAL WF NON-DEPARTMENTAL 519.88
50050570 WF WTR PROD. OPNS
08/29/24 CROSSTOWN ELECTRICAL FIX COMM ISSUES AT WELL 9 & 10 28484 2312357 668.76 08/29/24 HARRINGTON INDUSTRIA WELL 10 CL TANK FITTINGS 28404 2312374 740.25 08/29/24 SMARDAN SUPPLY CO. WELL 10 CHLORINE LINE TO INJECTION 28041 2312419 327.05 08/28/24 LIFECOM GAS MONITOR CALIBRATION 28620 2312271 65.00 08/28/24 LIFECOM GAS MONITOR CALIBRATION 28617 2312271 65.00 09/05/24 BLUE-WHITE INDUSTRIE CHEMICAL FEED PUMP UPGRADES 28614 2312456 20,872.99 08/28/24 LIFECOM SCBA HOODS 28539 2312271 1,058.66
09/05/24 MISCO MIOX THERMOSTATS 28666 2312466 3,349.58
09/05/24 ORANGE COUNTY WATER 4/21-8/11/24 RECYCLED WATER USAGE 29019 2432 279,076.12 08/28/24 AMAZON BLACK AND YELLOW TONER 29156 2386 200.96 08/28/24 AMAZON RICOH CYAN AND YELLOW TONER 29157 2387 83.92 09/05/24 SO CALIF EDISON CO 7/3-8/4/24 RES 2 & WELLS 29347 2312485 107,562.81 TOTAL WF WTR PROD. OPNS 414,071.10
50050571 WF DISTRIBUTION SYSTEM
08/28/24 BUCKNAM INFRASTRUCTU JAN 2024 - GIS SUPPORT SERVICES 28959 2312243 391.00 09/05/24 FERGUSON ENTERPRISES 2"-12" SNAP CUTTERS 28706 2312464 1,166.69 08/29/24 ROSEBURROUGH TOOL IN SHOVELS, WHEEL BARROW 28703 2312416 356.22 08/29/24 UNDERGROUND SERVICE JUL 2024 - CA STATE FEE FOR REGULATORY 28699 2312439 87.12 08/29/24 UNDERGROUND SERVICE USA NEW TICKETS 28701 2312439 317.10 TOTAL WF DISTRIBUTION SYSTEM 2,318.13
50050572 WF WTR QUAL & TREATMENT
08/28/24 USA BLUE BOOK CHLORINE REAGANTS 4/24 29227 2312320 326.91 08/28/24 USA BLUE BOOK MAGNETIC STIR BARS FOR LAB 29226 2312320 27.79 08/28/24 USA BLUE BOOK CHLORINE REAGENTS FOR SAMPLING 7/24 29225 2312320 749.66 08/28/24 USA BLUE BOOK MAGNETIC STIR BAR LAB EQUIPMENT 29121 2312320 55.48 08/28/24 SWEETNER PROD SALT FOR CHLORINE AUGUST 2024 29242 2312312 2,775.14 TOTAL WF WTR QUAL & TREATMENT 3,934.98
50050574 WF METER M & R
09/05/24 AQUA-METRIC SALES 100 IPEARL CABLES 29354 2312454 2,401.27 08/29/24 AQUA-METRIC SALES 1" IPERL METERS 28729 2312340 3,322.32 08/29/24 AQUA-METRIC SALES 1" PERL METERS 28730 2312340 3,322.32 08/29/24 AQUA-METRIC SALES MXU UNITS 28731 2312340 3,331.68 08/29/24 AQUA-METRIC SALES 4 COMMAND LINKS 28705 2312340 2,973.16 08/28/24 AQUA-METRIC SALES 18 MXU UNITS 29118 2312238 3,364.33 08/28/24 AQUA-METRIC SALES 3/4" METERS 29119 2312238 3,347.33 TOTAL WF METER M & R 22,062.41
50095001 WATER FUND
08/28/24 GENERAL PUMP CO., IN APR 2024 - WELL NO. 11 PP 7 29230 2312259 79,375.00 08/28/24 GENERAL PUMP CO., IN 5/01-5/26/24 WELL NO. 11 PP 8 29231 2312259 65,975.00 08/28/24 GENERAL PUMP CO., IN JUN 2024 WELL 11 PP 9 29232 2312259 29,600.00 TOTAL WATER FUND 174,950.00
50150580 SF SEWER MAINTENANCE
08/28/24 BUCKNAM INFRASTRUCTU JAN 2024 - GIS SUPPORT SERVICES 28959 2312243 379.50 09/05/24 THE MULTIPLE OF THE SAFETY BOOTS REGGIE WHEELER 2024 29271 2312492 215.00 08/28/24 AMAZON DVD DRIVE, IPAD SHOCKPROOF COVER 29158 2388 73.92 08/28/24 PLUMBERS DEPOT INC. SEWER CCTV CUES EQUIPMENT UPGRADES 29167 2312289 24,945.58 08/28/24 UTILITY CRANE & EQUI PARTS FOR UNIT 323 29267 2312321 1,529.72 TOTAL SF SEWER MAINTENANCE 27,143.72
50250590 SWF SOLID WASTE
09/05/24 REPUBLIC SERVICES, I JUL 2024 - RUBBISH HAULING 28819 2312481 393,579.82 TOTAL SWF SOLID WASTE 393,579.82
60030301 CUSTODIAL - BLDG SAFETY
09/05/24 CALIFORNIA BUILDING 2ND QTR 2024 SB1473 GREEN BUILDING FEES 29353 2312457 1,122.00 08/28/24 OC SANITATION DISTRI JULY 2024 SEWER CONNECTION 28667 2312285 8,366.48 TOTAL CUSTODIAL - BLDG SAFETY 9,488.48
TOTAL $3,547,017.08
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approve the City of Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY 2023 Urban Areas Security Initiative (UASI) between the City of Santa Ana and City of Fountain Valley.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY:
The federal Department of Homeland Security (DHS) allocated $4,278,750 for the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program which supports regional projects that enhance emergency preparedness and strengthens the capacity to prevent and respond to acts of terrorism. These funds are utilized throughout county Fire and Law Enforcement agencies for projects complying with the goals and objectives of the UASI program. During the fiscal years immediately following 9/11, the City of Fountain Valley benefitted from a total of approximately $100,000 in UASI grant monies.
Before submission of applications for grant funds, receipt of any equipment, or reimbursement for any authorized training, the attached agreement must be signed by the City Manager as our authorized agent and approved by the City Council.
Staff recommends the City Council approve the agreement, enabling the City of Fountain Valley to apply for funding and participate in the Fiscal Year 2023 UASI Grant Program.
Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program September 17, 2024
DISCUSSION:
The Urban Area Security Initiative Grant Program was funded post 9/11 by the Department of Homeland Security to enhance the capabilities of high-density urban areas in preparing for and responding to acts of terrorism. UASI funds in Orange County were allocated through the Santa Ana - Anaheim UASI. In 2014, the responsibility to act as the grant clearinghouse was assigned to the City of Anaheim, and the funds allocated to support UASI projects have been significantly reduced. During the fiscal years immediately following 9/11, the City of Fountain Valley benefitted from a total of approximately $100,000 in UASI grant monies. These funds were used to procure equipment such as Urban Search and Rescue Equipment, 800 MHz Radios, EOC Laptops, and other upgrades. Furthermore, the funds were used to fund pre-approved training such as Rescue Systems, Incident Command System training, and Public Information Officer Courses. Within the past 15 years, the City benefitted from county-wide UASI projects that provided funding for EPCR tablets, VHF radios (for wildland fires), cellular GPS modems, radiation dosimeters, Individual First Aid Kits (used during mass casualty and active shooter incidents), and ballistic helmets and protective armor.
The following countywide projects are proposed for the Fiscal Year 2023 UASI Grant Program:
Project D – Strengthen Information Sharing and Collaboration Countywide – ALPR (Automated License Plate Readers) Program.
Project E – Enhancing the Protection of Soft Targets/Crowded Places – National Priority (NP) – Sustain Orange County Civic Center Video Surveillance System; OCIAC Critical Infrastructure Protection (CIP) Analysts.
Project G - Enhance Community Resilience, Including Partnerships with Volunteers and Community Based Organizations and Programs (NP) – Sustain the “If You See Something, Say Something” Campaign; Sustain the “ReadyOC” Preparedness Campaign; Regional Training & Exercise Program for Emergency Management. Projects L – Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Whole Community Incident Planning, Response and Recovery Capabilities – Regional Training and Exercises for Law Enforcement (including Active Shooter Drill and TECC); Regional Training and Exercises for Fire Service (including Unified Response Active Shooter); Regional Training and Exercises for EMG; Training Mannequins; Training and Exercise Program Manager; Management & Administration for salaries, meeting costs, and travel expenditures related to grant management and administration Project J – Enhancing Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS (NP) – Continue funding Analyst and Program Manager Salaries at Orange County Intelligence Assessment Center (OCIAC); analytic software for OCIAC; Health Care Liaison Officer; Analyst Proficiency Training. Project O - Enhancing Cybersecurity (NP) – Salary and personnel costs for Cyber Systems Analysts; Cyber Intelligence Analyst at the Orange County Intelligence Assessment Center (OCIAC); Cyber Program Advisor; Cybersecurity tabletop
Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program September 17, 2024
exercises; and Cybersecurity Equipment.
Project P - Combating Domestic Violent Extremism Through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience (NP) – Salary and personnel cost for Domestic Violent Extremism Analysts assigned to the Orange County Intelligence Assessment Center; Training Courses for Terrorism I, II, III.
To ensure that the City of Fountain Valley remains eligible to participate in these projects and continues to benefit from the UASI Grant Program, it is imperative that the City Council approves the attached Agreement.
FISCAL REVIEW:
Participation in the Fiscal Year 2023 UASI Grant Program does not require any immediate financial commitment from the City of Fountain Valley. It is anticipated that the majority of future available funds will be used to reimburse specialized training and equipment for fire and police personnel throughout Orange County. All other grant funds requested and/or approved will be returned to City Council at a later date for project-specific approval.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney to the City has reviewed and approved the agreement.
ALTERNATIVES:
Alternative No. 1: Approve the City of Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program and authorize the City Manager to execute the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY2023 Urban Areas Security Initiative (UASI) between the City of Santa Ana and City of Fountain Valley.
Alternative No. 2: Do not approve the City of Fountain Valley’s participation in the Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program.
Fiscal Year 2023 Urban Area Security Initiative (UASI) Grant Program September 17, 2024
RECOMMENDATION:
Staff recommends Alternative No. 1.
Prepared by: Tim Saiki, Battalion Chief
Reviewed by: William McQuaid, Fire Chief
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:
1. FY2023 UASI Agreement
2. FY2023 Anaheim/Santa Ana UASI Sub-Recipient Grant Guide
AGREEMENT
SUB-RECIPIENT: CITY OF FOUNTAIN VALLEY
City Contract Number
TABLE OF CONTENTS
Section Description Page
I
INTRODUCTION
§101. Parties to the Agreement 6
§102. Representatives of the Parties and Service of Notices 6 §103. Independent Party 7
§104. Conditions Precedent to Execution of this Agreement 7 II
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 8
§202. Use of Grant Funds 8
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment 11
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein 12
§402. Applicable Law, Interpretation and Enforcement 12 §403. Integrated Agreement 12
§404. Excusable Delays 12
§405. Breach 13
§406. Prohibition Against Assignment or Delegation 13
§407. Permits 13
§408. Bonds 13
TABLE OF CONTENTS
Section Description Page
§409. Indemnification 13
§410. Conflict of Interest 13
§411. Restriction on Disclosures 15
§412. Statutes and Regulations Applicable to All Grant Contracts 15 §413. Federal, State, and Local Taxes 27
§414. Inventions, Patents and Copyrights 27
§415. MBE/WBE 29
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 30
§502. Amendments 30
V
ENTIRE AGREEMENT
§601. Complete Agreement 31
§602. Number of Pages and Attachments 31
Execution (Signature) Page 32
EXHIBITS
Exhibit A CalOES FY2023 Grant Assurances
Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility Matters
Exhibit C Certification Regarding Lobbying
5 Agreement Number:
AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR
FOR REIMBURSEMENT OF TRAINING COSTS
FOR FY2023 URBAN AREAS SECURITY INITIATIVE (UASI)
BETWEEN
THE CITY OF SANTA ANA
AND CITY OF FOUNTAIN VALLEY
THIS AGREEMENT is made and entered into this _ day of , 2024, by and between the CITY OF SANTA ANA, a municipal corporation (the “CITY”), and CITY OF FOUNTAIN VALLEY, a municipal corporation (the “SUB-RECIPIENT” or “Contractor”).
W I T N E S S E T H
WHEREAS, CITY, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2023 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled “FY 2023 Urban Areas Security Initiative” from the federal Department Of Homeland Security(DHS) Federal Emergency Management Agency (FEMA), through the State of California Governor’s Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the “grant”), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at:
U.S. Department of Homeland Security “Fiscal Year 2023 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)”
https://www.fema.gov/print/pdf/node/652405
California Office of Emergency Services “FY2023 Homeland Security Grant Program:
California Supplement to Federal Program Guidance” https://www.caloes.ca.gov/wpcontent/uploads/Grants/Documents/FY2023-HSGP-State-Supplement.pdf Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office.
WHEREAS, this financial assistance is administered by the CITY OF SANTA ANA (“CITY”) and is overseen by the California Governor’s Office of Emergency Services (“CalOES”); and
WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the Anaheim/Santa Ana Urban Area (“ASAUA”) consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of
6 Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and
WHEREAS, the Office of Grants Management (“OGM”) awarded a FY2023 UASI Grant of $5,113,750 (“Grant Funds”) to the CITY OF SANTA ANA, as a Core City, for use in the ASAUA; and
WHEREAS, the CITY has designated the Chief of Police, or his designee and the Santa Ana Police Department, Emergency Management Director (“UASI Grant Office”) to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2023 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement (“Agreement”) to CITY OF FOUNTAIN VALLEY (“SUB-RECIPIENT”) and others;
WHEREAS, the CITY and SUB-RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
7 I. INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The CITY, a municipal corporation, having its principal office at 20 Civic Center Plaza, Santa Ana, CA 92702; and
B. CITY OF FOUNTAIN VALLEY, a municipal corporation, having its principal office at 10200 Slater Avenue, Fountain Valley, CA 92708-4736.
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
1. The representative of the City of Santa Ana shall be, unless otherwise stated in the Agreement:
Jose Gonzalez, Commander
Santa Ana Police Department
Homeland Security Division
60 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 245-8009
[email protected]
2. The representative of CITY OF FOUNTAIN VALLEY
shall be:
Name:_
Title: _
Sub Recipient Name:
Sub Recipient Address: _
City_ State: Zip:_
Phone:
E-mail:
B. Formal notices, demands and communications to be given hereunder by
8 either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
SUB-RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF SANTA ANA. No employee of SUBRECIPIENT is, or shall be an employee of the CITY OF SANTA ANA by virtue of this Agreement, and SUB-RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB-RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF SANTA ANA.
§104. Conditions Precedent to Execution of This Agreement SUB-RECIPIENT shall provide copies of the following documents to the CITY OF SANTA ANA, unless otherwise exempted.
A. Standard Assurances (Grant Assurances) in accordance with section 412A of this Agreement attached hereto as Exhibit A and made part hereof.
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 412 of this Agreement and attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section 412C of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB-RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB-RECIPIENT.
9 I. TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on 9/1/2023 and end on 3/31/2026 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB-RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT’S purchasing and bidding procedures. SUBRECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB- RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB-RECIPIENT by CITY.
If additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided.
B. SUB-RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner.
C. SUB-RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2023 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.”
D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.gov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds.
Any equipment acquired or obtained with Grant Funds:
1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services,
10 and law enforcement agencies within the jurisdiction of the applicant;
2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans;
3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan;
4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, “Equipment” is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more.
5. Shall be used by SUB-RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.
6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency.
7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i) use and condition of Equipment, and (j) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313.
8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible.
9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years.
11 Inventory shall also be taken prior to any UASI, State or Federal monitor visits.
10. SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB-RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment.
11. SUB-RECIPIENT shall identify a Point-of-Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB-RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements.
12. SUB-RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken.
E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above. All training expenses must be pre-authorized by CalOES. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.gov/.
F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.
Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/emergency-managers/nationalpreparedness/exercises/hseep.
G. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.
H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2023 Homeland Security Grant Program, as set forth above.
12 III. PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. CITY may, a) transfer to SUB-RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB-RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB-RECIPIENT’S purchasing and bidding procedures. SUB-RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB-RECIPIENT by CITY. If additional copies of the document are needed, SUB-RECIPIENT may contact the Santa Ana Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above.
B. SUB-RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB-RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Santa Ana UASI Grant Office. For equipment for which SUB-RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUBRECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB-RECIPIENT must include approval from the lead agency for all submitted invoices.
C. Payment of final invoice shall be withheld by the CITY until the SUBRECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement.
D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB-RECIPIENT of a loss or reduction of federal grant funds.
13 IV. STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub-recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY.
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.
14 §405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation
SUB-RECIPIENT may not, unless it has first obtained the written permission of the CITY:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits
SUB-RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB-RECIPIENT performance hereunder and shall pay any fees required therefore. SUB-RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals or restrictions of licenses, certificates, or other documents. §408. Bonds
SUB-RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. SUB-RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement.
§409. Indemnification
To the fullest extent of the law, SUB-RECIPIENT agrees to indemnify, defend, and hold harmless the City of Santa Ana, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB-RECIPIENT’S acts, errors or omissions in the performance of SUB-RECIPIENT’S services or use of grant funds under the terms of this Agreement.
§410. Conflict of Interest
A. SUB-RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a
15 director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
C. The SUB-RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).
D. The SUB-RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor.
E. Prior to obtaining the CITY’S approval of any subcontract, the SUBRECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB-RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
16 F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB-RECIPIENT, State of California, and Federal regulations regarding conflict of interest.
G. The SUB-RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.
H. The SUB-RECIPIENT covenants that no member, officer or employee of SUBRECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.
I. The SUB-RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB-RECIPIENT" and "sub subcontractor" for "Subcontractor".
§411. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.).
§412. Statutes and Regulations Applicable To All Grant Contracts A. Compliance with Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent (“Grant Assurances”), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB-RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB-RECIPIENT used in violation of these Grant Assurances. SUB-RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB- RECIPIENT used in violation of the Grant Assurances.
B. SUB-RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB-RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB-RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
17 SUB-RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards).
2. Single Audit Act
If Federal funds are used in the performance of this Agreement, SUBRECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2023 UASI Grant Program under the Single Audit Act, SUB-RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 “Homeland Security Grant Program”; Grant Identification Number 2023- 0042; and identify the City of Santa Ana as the Pass-Through.
3. False Claims Act
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
4. Records Maintenance
Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records.
Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY.
The Contractor agrees to provide SUB-RECIPIENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized
18 representatives access to construction or other work sites pertaining to the work being completed under the contract.
In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the SUB-RECIPIENT and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
5. Subcontracts and Procurement
SUB-RECIPIENT shall comply with the federal and SUB- RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.
SUB-RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB-RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB-RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement.
a. Recovered Materials
SUB-RECIPIENT shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. b. Domestic Preference for Procurements/ Required Use of American Iron, Steel, Manufactured Products, and Construction Materials SUB-RECIPIENT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
19 Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
6. Civil Rights
SUB-RECIPIENT shall 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.§§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of
20 the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§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; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
7. Equal Employment Opportunity
The regulation at 41 C.F.R. § 60-1.4(b) requires, except as otherwise provided or exempted in 41 C.F.R. Part 60, the insertion of the following contract clause: “During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation
21 of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
8. Davis-Bacon Act
If applicable per the standard described above, the NFE must include the provisions at 29 C.F.R. § 5.5(a)(1)-(10) in full into all applicable contracts, and all applicable contractors must include these provisions in full in any subcontracts.
9. Copeland “Anti-Kickback” Act.
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.
22 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
10. Contract Work Hours and Safety Standards Act
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages CITY OF FOUNTAIN VALLEY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
23 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
11. Environmental Standards
a. Clean Air Act
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The contractor agrees to report each violation to the SUB-RECIPIENT and understands and agrees that the SUB-RECIPIENT will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
b. Federal Water Pollution Control Act (33 USC 1251)
The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
The contractor agrees to report each violation to the SUB-RECIPIENT and understands and agrees that the SUB-RECIPIENT will, in turn, report each violation as required to assure notification to the City of Santa Ana, Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
12. Telecommunications
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the
24 meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
25 (2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or
services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or
services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
26 C. Statutes and Regulations Applicable To This Particular Grant SUB-RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB-RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to:
1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2020 Homeland Security Grant Program –Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.
Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448.
Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants).
2. Travel Expenses
SUB-RECIPIENT as provided herein may be compensated for SUBRECIPIENT’S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in-State and out-of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office.
SUB-RECIPIENT’S travel and per diem reimbursement costs shall be reimbursed based on the SUB-RECIPIENT’S travel policies and procedures. If SUB-RECIPIENT does not have established travel policies and procedures,
27 SUB-RECIPIENT‘S reimbursement rates shall not exceed the amounts established under 5 U.S.C 5701-11, (“Travel and Subsistence Expenses; Mileage Allowances”), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)).
3. Debarment and Suspension
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R.
Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by SUBRECIPIENT . If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to CITY OF FOUNTAIN VALLEY, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
4. Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.
5. Noncompliance
SUB-RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds,
28 and repayment by SUB-RECIPIENT to CITY of any unlawful expenditures. §413. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of SUB-RECIPIENT as an independent party and not as a CITY employee.
§414. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB-RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub.
L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618,
12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB-RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
B. Rights to Use Inventions
CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (“Material”) is developed under this Agreement, the author or the CITY, at the CITY’S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and
29 allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.
3. SUB-RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy.
4. License and Delivery of Works Subject to Copyright and Data Rights. The Contractor grants to the CITY OF FOUNTAIN VALLEY a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the CITY OF FOUNTAIN VALLEY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the CITY OF FOUNTAIN VALLEY data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the CITY OF FOUNTAIN VALLEY.
D. Rights to Data
The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
SUB-RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.
F. No Obligation by Federal Government
The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
30 §415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB-RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub-Contractors.
31 V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should SUB-RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to be performed by SUB-RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUBRECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.
SUB-RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement.
32 VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes thirty-two (32) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties.
33 IN WITNESS WHEREOF, the City and CITY OF FOUNTAIN VALLEY have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above.
ATTEST:
By:______________________________
JENNIFER L. HALL
City Clerk
ATTEST:
THERESA BASS
City Clerk
RECOMMENDED FOR APPROVAL:
By:______________________________
ROBERT RODRIGUEZ
Acting Chief of Police
SUB-RECIPIENT
CITY OF FOUNTAIN VALLEY
UEI #E6HUBPTD4AZ1
By: ______________________________
Printed Name ______________________
Title ______________________________
APPROVED AS TO FORM:
By:______________________________
TAMARA BOGOSIAN
Senior Assistant City Attorney
APPROVED AS TO FORM
By:______________________________
Printed Name ______________________
Title ______________________________
CITY OF SANTA ANA
By:_________________________________
ALVARO NUNEZ
City Manager
Exhibit A - Page 1 of 12 Initials
EXHIBIT A
California Governor’s Office of Emergency Services
FY2023 Grant Assurances
(All HSGP Applicants)
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or
Exhibit A - Page 2 of 12 Initials
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, 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 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 extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) 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.
(c) The Applicant 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.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to
Exhibit A - Page 3 of 12 Initials
support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, 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 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;
(c) 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 (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
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.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
Exhibit A - Page 4 of 12 Initials
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
Exhibit A - Page 5 of 12 Initials
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) 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.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and (m) 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.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the
Exhibit A - Page 6 of 12 Initials
Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant 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. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Exhibit A - Page 7 of 12 Initials
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which 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 purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients 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;
(c) 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), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved
Exhibit A - Page 8 of 12 Initials
plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
Exhibit A - Page 9 of 12 Initials
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must
Exhibit A - Page 10 of 12 Initials
comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.
Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
Exhibit A - Page 11 of 12 Initials
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.
Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.
For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless a waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074.
The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the
Exhibit A - Page 12 of 12 Initials
representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Exhibit B - Page 1 of 2
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR
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 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; (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 these 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.
Address:
Authorized Agent Signature
Printed or Typed Name
Title
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 of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement.
Exhibit B - Page 2 of 2
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
Exhibit C - Page 1 of 1
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
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 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.
4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 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.
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
AGREEMENT NUMBER:
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
FY2023 Urban Areas Security Initiative Grant Program
Anaheim / Santa Ana UASI Sub-Recipient Grant Guide
Standard Operating Procedures, Policies, and Forms
Version 1 - August 2024
FY2023 Anaheim/Santa Ana UASI Sub-Recipient Grant Guide
PURPOSE AND ORGANIZATION OF THIS GUIDE
The FY2023 Urban Areas Security Initiative Grant Program Sub-Recipient Grant Guide is a reference for agencies receiving federal funds through the Anaheim/Santa Ana UASI Offices. The Guide will help sub-recipients understand and meet the financial, administrative, and audit requirements for the use of these funds. The primary source documentation for these requirements is the U.S. Department of Homeland Security “The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Homeland Security Grant Program,” the California Governor’s Office of Emergency Services “Fiscal Year 2023 Homeland Security Grant Program: California Supplementto FederalNotice of Funding Opportunity”, and 2 Code of Federal Regulations (CFR) Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” Please see page seven of this guide for links to the above-mentioned guidance and regulations.
Sub-recipients must meet certain requirements to receive funding from federally funded grant programs. The requirements contained in this Guide are not all-inclusive. In addition, othersource materials will be referenced. Sub-recipients are encouraged to contact the Anaheim/Santa Ana UASI Officesfor clarification of any requirements.
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TABLE OF CONTENTS
Part 1– FY23 UASI Grant Overview
Overview 4
FY23 HSGP Priorities 6
FY23 Anaheim/Santa Ana UASI Investment Justifications 6 Urban Area Working Group (UAWG) Overview 7
Grant Performance Period & Grant Identification 7
Federal and State Guidelines 7
Anaheim/Santa Ana UASI Regions 8
Part 2 – Pre-Award Guidelines
Sub-recipient Agreements/Eligibility Packets 8
Deadline to Submit Completed Packets 9
Part 3 – Project Application Guidelines
Overview 9
Supplanting 10
Project Application Process 10
Environmental and Historic Preservation Requirements 10 Notification of Awards 10
Project Modifications 11
Part 4 – Reporting Requirements, Procurement, and Reimbursements Procurement Standards and Methods 11
Reasonableness, Conflict of Interest, and Required Approvals 12 Documentation and Performance Bonds 12
Indirect Costs (Facilities & Administration) 13
Training Program Overview, Process, & Guidelines 13
Exercise Overview 15
Reimbursement Guidelines & Deadline 15
Part 5 – Financial and Equipment Monitoring Requirements Monitoring Program Overview 16
Physical Inventory 17
Maintenance and Disposal 18
Part 6 – Closeout Procedures
Notification of Closeout 18
Record Retention 19
Part 7 – Conclusion and Timeline
Conclusion 19
FY23 UASI Grant Timeline 19
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Anaheim/Santa Ana UASI Grant Office Contact Information MailingAddresses:
Santa Ana Police Department Anaheim Police Department
UASI Grant Office UASI Grant Office
60 Civic Center Plaza 425 S. Harbor Blvd
Santa Ana, CA 92701 Anaheim, CA 92805
UASI Grant Office Contact Information:
Commander Jose Gonzalez (Administrator) Lieutenant Richard LaRochelle (Administrator) Office (714) 245-8009 Office (714) 765-1523
[email protected] [email protected]
Sergeant Gary Couso (Grant Coordinator) Kerrstyn Vega (Grant Coordinator) Office (714) 245-8720 Office (714) 765-1445
[email protected] [email protected]
Jeff Hiltbrand (Fiscal/Projects) Jennifer Wann (Fiscal/Projects) Office (714) 245-8739 Office (714) 765-1591
[email protected] [email protected]
Officer Jason McFall (Equipment/Projects) Dave Hill (Equipment/Projects) Office (714) 245-8737 Mobile (714) 321-1043
[email protected] [email protected]
Assistant Chief Shane Sherwood (OCFA) Fire Captain Nick Colonelli (Anaheim Fire) Office (714) 527-0537 Mobile (714) 765-4012
[email protected] [email protected]
Battalion Chief Nick Freeman (OCFA)
Office (949) 451-0023
[email protected]
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Part 1 – FY23 UASI Grant Overview
Overview
The Homeland Security Grant Program (HSGP) is comprised of three interconnected grant programs.
• State Homeland Security Program (SHSP)
• Urban Areas Security Initiative (UASI)
• Operation Stonegarden (OPSG)
The HSGP is one tool among a comprehensive set of measures authorized by Congress and implemented by the Administration to help strengthen the nation against risks associated with potential terrorist attacks. Underthe HSGP, the cities of Anaheim and Santa Ana were selected as core citiesfortheOrange County Metropolitan Area and are responsible forthe management and administration of the UASI Grant Program.
The UASI grant program is designed to address the unique planning, equipment, training and exercise needs of high-threat, high-density Urban Areas, and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The UASI grant program, as part of the HSGP, is meant to support the Federal government’s larger, coordinated effort to strengthen homeland security preparedness. The HSGP implements objectives addressed in a series of post 9/11 laws, strategy documents, plans, and Homeland Security Presidential Directives (HSPDs). Of particular significance is the National Preparedness Goal (NPG) and its associated work products. The Goal defines what it means for the whole community to be prepared for all types of disasters and emergencies. The National Preparedness Goal is defined as: “A secure and resilient Nation with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk.” In addition to stating the goal, the document describes 32 activities, called core capabilities, which address the greatest risks to the nation.
These core capabilities require the combined efforts of the whole community and are essential for the execution of each of the five mission areas: Prevention, Protection, Mitigation, Response, and Recovery.
As described in the Goal, the 32 core capabilities are the distinct critical elements necessary for our success. They are highly interdependent and will require us to use existing preparedness networks and activities, improve training and exercise programs, promote innovation, and ensure that the administrative, finance, and logistics systems are in place to support these capabilities. The capabilities are grouped into the five mission areas, with some capabilities aligning under one mission area, and others applying to several mission areas (see Table 1 on page 5).
Projects funded through the Anaheim/Santa Ana UASI should be developed using a capabilitiesbased planning approach and make use of the “Core Capabilities” (https://www.fema.gov/corecapabilities), keeping in mind a capability may be delivered with any combination of properly planned, organized, equipped, trained and exercised personnel that achieve the intended outcome. Just as no single agency/jurisdiction would be expected to perform every task, neither would they be expected to have sufficient levels of every capability needed for a major event.
Requirementsthat exceed an entity’s capabilities would be secured through mutual aid orformal
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requests for assistance from other levels of government. This concept is the basis for strengthening regional planning, coordination, and resource sharing to prepare for catastrophic events. A key factor in determining what projects will be funded is the ability of the project to achieve a regional capability.
Table 1: 32 Core Capabilities by Mission Area
The FY2023 UASI program is intended to enhance regional preparedness efforts. Urban Areas must use these fundsto employ regional approachesto overall preparedness and are encouraged to adopt regional response structures whenever appropriate. UASI program implementation and governance must include regional partners and should have balanced representation among entities with operational responsibilities for prevention, protection, mitigation, response, and recovery activities within the region.
In an effort to assist the urban area’s sub-recipients in understanding how to apply for funding and seek reimbursement for approved expenditures, the Anaheim/Santa Ana UASI grant office has developed a guide. The purpose of the Anaheim/Santa Ana Sub-Recipient Grant Guide is to
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provide: (1) an overview of the UASI grant program; (2) pre-award guidelines; (3) project application process; (4) reporting, procurement, and reimbursement requirements; (5) financial and equipment monitoring guidelines; and (6) closeout of the grant program.
FY23 Homeland Security Grant Program Priorities
• Build, sustain, and deliver core capabilities in order to achieve the National Preparedness Goal of a secure and resilient Nation; HSGP funded investments must have a terrorism-nexus.
• For the FY23 HSGP grant, a minimum percentage of total awarded funds must be allocated towards each of the six national priority areas identified in the 2023 Notice of Funding Opportunity (NOFO) as listed below:
▪ Enhancing the protection of soft targets/crowded places – 3% minimum spend;
▪ Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS – 3% minimum spend;
▪ Combating domestic violent extremism – 3% minimum spend; ▪ Enhancing cybersecurity – no minimum spend requirement; ▪ Enhancing community preparedness and resilience – 3% minimum spend; ▪ Enhancing election security – 3% minimum spend.
• Additional FY23 HSGP investment strategy areas and enduring needs include:
▪ Effective planning;
▪ Training and awareness campaigns;
▪ Equipment and capital projects; and
▪ Exercises.
• Address gaps identified through the annual State Preparedness Review (SPR) in achieving capability targets set through the annual THIRA.
FY23 Anaheim/Santa Ana UASI Projects
In accordance with the ongoing projects, HSGP Guidance, National Preparedness Guidance, and the Anaheim/Santa Ana UASI Grants Strategy, the following are projects proposed in the FY23 Investment Justifications (NP = National Priority area):
+Project D – Strengthen Information Sharing and Collaboration Countywide ALPR Program +Project E – Enhancing the Protection of Soft Targets/Crowded Places (NP) Sustain Orange County Civic Center Video Surveillance System; OCIAC Critical Infrastructure Protection (CIP) Analysts
+Project G - Enhance Community Resilience, Including Partnerships with Volunteers and Community Based Organizations and Programs (NP) Sustain the “If You See Something, Say Something” Campaign; Sustain the “ ReadyOC” Preparedness Campaign; Regional Training & Exercise Program for Emergency Management
+Projects L – Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Whole Community Incident Planning, Response and Recovery Capabilities Regional Training and Exercises for Law Enforcement (including Active Shooter Drill and TECC); Regional Training and Exercises for Fire Service (including Unified Response Active Shooter); Regional Training and Exercises for EMG;
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Training Mannequins; Training and Exercise Program Manager; Management & Administration for salaries, meeting costs, and travel expenditures related to grant management and administration.
+Project J – Enhancing Information and Intelligence Sharing and Cooperation with Federal Agencies, including DHS (NP); continue funding Analyst and Program Manager Salaries at Orange County Intelligence Assessment Center (OCIAC); analytic software for OCIAC; Health Care Liaison Officer; Analyst Proficiency Training.
+Project O - Enhancing Cybersecurity (NP) Salary and personnel costs for Cyber Systems Analysts; Cyber Intelligence Analyst at the Orange County Intelligence Assessment Center (OCIAC); Cyber Program Advisor; Cybersecurity tabletop exercises; and Cybersecurity Equipment.
+Project P - Combating Domestic Violent Extremism Through Enhanced Intelligence Collection & Analysis, Training, and Community Resilience (NP) Salary and personnel cost for Domestic Violent Extremism Analysts assigned to the Orange County Intelligence Assessment Center; Training Courses for Terrorism I, II, III
Anaheim/ Santa Ana Urban Area Working Group (UAWG)
Homeland Security grants guidelinesspecifically require the formation of an Urban Area Working Group to “coordinate the development and implementation of all program initiatives”. The federal guidance requires the use of existing working groups and committees to plan and implement grant related activities and to coordinate grant resources. In order to accomplish this task, the Urban Area Working Group (UAWG) functions as the primary advisory body to the Anaheim/Santa Ana Urban Area Steering Committee.
The mission of the UAWG isto provide recommendationsto the Steering Committee through the identification, prioritization and development of a standardized, regional, all-hazards approach to increase preparedness, prevention, protection, response, and recovery capabilities through the coordinated, collaborative efforts of multi-jurisdictional, multi-disciplined representatives from the Orange County Operational Area. The UAWG will be responsible for coordinating the development and implementation of all program initiatives and act in an advisory capacity to the Steering Committee regarding activities related to the Urban Areas Security Initiative (UASI).
FY23 UASI Grant Performance Period
The California Governor’s Office of Emergency Services’ Performance Period for the Anaheim/ Santa Ana Urban Area is September 1, 2023 to May 31, 2026. However, the Sub-Recipient Performance Period for the FY23 UASI Grant Program is August 14, 2024 to March 31, 2026.
UASI Grant CFDA #: 97.067 UASI Grant #: 2023-0042 FIPS#: 059-95010 FY23 Anaheim/Santa Ana UASI Award: $4,278,750
FY23 HSGP Fusion Center Award to OCIAC: $835,000
Federal Grant Guidance:
• “Fiscal Year 2023 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)” (https://www.fema.gov/grants/preparedness/homelandsecurity/fy-23-nofo)
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California State Grant Guidance:
• “Fiscal Year 2023 Homeland Security Grant Program: California Supplement to Federal Notice of Funding Opportunity” (https://www.caloes.ca.gov/wpcontent/uploads/Grants/Documents/FY2023-HSGP-State-Supplement.pdf) Administrative, Cost Principles, and Audit Guidelines:
• Title 2 Grants and Agreements Code of Federal Regulations (CFR) “Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200) Entities Covered by the FY23 UASI Grant Program*
Anaheim La Habra Placentia
Aliso Viejo La Palma Rancho Santa Margarita
Brea Laguna Beach San Clemente
Buena Park Laguna Hills San Juan Capistrano
Calif. State University, Fullerton LagunaNiguel Santa Ana (Lead) Costa Mesa Laguna Woods Santa Ana Unified School District Cypress Lake Forest Seal Beach
Dana Point Los Alamitos Stanton
Fountain Valley Mission Viejo Tustin
Fullerton Newport Beach University of California, Irvine Garden Grove Orange Villa Park
Huntington Beach Orange County Westminster
Irvine
Juaneño Band of Mission Indians
Orange County Fire
Authority
Yorba Linda
Municipal Water District of
Orange County
*In FY04 and FY05 UASI Grants, Anaheim and Santa Ana each had their own UASI Grant award.
DHS combined cities starting with the FY06 UASI Grant. In even years (06, 08, 10, 12, 14, 16, 18, 20, 22) Anaheim is the lead fiscal agent and in odd years (07, 09, 11, 13, 15, 17, 19, 21, 23) Santa Ana is the lead fiscal agent.
Part 2 – Pre-Award Guidelines
Sub-recipient Agreement/Eligibility Packets:
All members of the Anaheim/Santa Ana Urban Area are considered sub-recipients and are eligible to submit an application for project funding to the Anaheim/Santa Ana UASI for grant funds. Prior to submitting an application, each sub-recipient must establish their eligibility to receive grant funds by submitting an eligibility package. The eligibility packet must include:
• The FY23 Anaheim/Santa Ana UASI Agreement
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• Signed Grant Assurances (Exhibit A of Agreement)
• Debarment, Suspension and Other Responsibility Matters (Exhibit B of Agreement) • Signed Certifications Regarding Lobbying (Exhibit C of Agreement); • Completed and signed ASAUA Sub-Recipient Grants Management Assessment • Copy of Governing Body Resolution (or equivalent) accepting FY23 UASI Grant Funds • Copy of Sub-Recipient’s Procurement Policy
• Copy Sub-Recipient’s Travel Policy
• Copy of Sub-Recipient’s Equipment Control and Disposition Policy • Copy of 2023/2024 Single Audit Report (If the sub-recipient expends more than $750,000 in federal assistance they must perform a single audit and provide a copy of the audit results to the Anaheim/Santa Ana UASI Grant Office. The $750,000 threshold in federal assistance is an aggregate total and is not limited only to UASI funds. Refer to 2 CFR 200.501)
Eligible sub-recipients must have a Unique Entity Identifier (UEI) number and be currently registered in the System Award Management (SAM) to receive funding. Information on obtaining a UEI number and registering in SAM is available online (http://Grants.gov/web/grants/register.html).
Sub-recipients may notsub-award Anaheim/Santa Ana UASI funds awarded to them. UASI funds may only be used to reimburse sub-recipients for allowable grant expenditures that have received prior approval from the Anaheim/Santa Ana grant office.
Deadline to Submit Eligibility Packet and Agreement:
A completed packet, including all of the above listed documentation, MUST be turned into the Anaheim UASI Grant Office, no later than Friday, November 15, 2024.
Part 3 – Project Application Guidelines
Overview
In an effort to gather the information required to document the allocation of UASI grant funds and to collect the information necessary to accurately record how the funds will be utilized, all sub-recipients are required to submit an “Application for Project Funding” prior to being authorized to expend funds for which they will be reimbursed. A copy of the “Application for Project Funding” will be sent to all project managers during the ASAUA Grant Investment Justification and Application process and is available upon request.
The Application for Project Funding is comprised of 10 sections designed to collect the information necessary to determine:
1) what capability(ies) the project is designed to establish or enhance; 2) if the project supports the urban areas strategy, THIRA, and State Preparedness Report; 3) how much the project will cost;
4) how the project will be implemented; and
5) how the project will be sustained.
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Supplanting
Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose.
Project Application Process
The project funding application processis outlined below:
• Sub-recipients must complete a Preliminary Homeland Security Grant Program Project Funding Request (form available upon request), and present their project to the Urban Area Working Group (UAWG). The UAWG will recommend approval or denial to the Steering Committee.
• After projectis presented to UAWG, Sub-Recipient completesthe “Application for Project Funding” and submits it to the Anaheim/Santa Ana UASI Grant Office for review and approval.
• If applicable, sub-recipient completes the Environmental and Historic Preservation Screening Memo, Coversheet, and required back-up (maps, pictures, descriptions, etc.) and attaches to the Application for Project Funding (contact Grant Office for more information).
Note: Not all proposed projects will require an EHP. EHP determination can be made by reviewing the applicable Authorized Equipment List or FEMA’s EHP Policy Guidance #108-023-1 for training and exercises
(https://www.fema.gov/sites/default/files/documents/fema_GPD-EHP-policyfinal-amendment_82018.pdf). • The Grant Steering Committee will review the applications to determine projects approved for funding.
Sub-recipientsthat have their applications approved for funding will receive an “Award Letter” which will detail the amount of funding that has been approved.
Environmental and Historic Preservation Requirements
At the time of the project application submission, or when directed by the ASAUA Grant Office based on the project scope, sub-recipients will be required to submit the Environmental and Historic Preservation (EHP) Screening Memo, and required back-up (maps, pictures, descriptions, etc.). Refer to the attachments at the end of the screening form for assistance.
EHP is required for certain types of training and exercises. Please refer to FEMA’s EHP Policy Guidance (referenced above) for verification on when an EHP is necessary for training courses and exercise deliveries. For additional clarification on EHP’s, please refer to https://www.fema.gov/grants/guidance-tools/environmental-historic Notification of Award
For those projects that are approved for FY23 UASI funding, the sub-recipient will receive an award letter indicating the project has been approved for funding, the amount of funding that has been approved, and the time frame in which the project must be completed.
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ProjectModifications
Sub-recipients must complete the Request for Project Modification (contact grant office for form), and submit it to the Anaheim/Santa Ana UASI grant office for approval prior to modifying any of the terms of the project or funding amounts.
Part 4 – Reporting Requirements, Procurement, and Reimbursements Procurement
Sub-recipients shall use their own procurement procedures and regulations, provided their procurement procedures and regulations conform to applicable Federal law and standards.
The sub-recipient must use the System Award Management (SAM) located at http://sam.gov to verify all parties involved in transactions that are expected to equal or exceed $25,000 have not been debarred or suspended from receiving federal funds (2 CFR 180.220). Sub-recipients must comply with all applicable lobbying prohibitions and laws as required by U.S. Code Title 31 § 1352 and ensure language regarding thisrequirement isincluded in all agreements and contracts entered into by the sub-recipient. All contracts must also contain the applicable provisions identified in (2 CFR 200.326).
Selection of Procurement Method
Sub-recipients should follow their own established procurement policies, provided their procurement methods conform to applicable Federal law and standards. These policiesshould detail the following procurement methods and when it is permissible to use them:
• Micro-purchase – Acquisition of supplies or services in which the aggregate dollar amount does not exceed $10,000. Micro-purchases may be awarded without soliciting competitive quotations if the price is deemed reasonable. • Small purchase – Must obtain price or rate quotations from an adequate number of qualified sources; procurement must be competitive.
• Sealed bids – Must make a firm fixed-price award to the bidder whose bid is the most advantageous to the grantee. If factors other than price are considered in determining the winning bid, the invitation for bids must describe clearly these otherfactors and how they will be applied in calculating the bids.
• Competitive proposals – Fixed-price or cost-reimbursement type contract. Must identify all evaluation factors and their relative importance, considering price and otherfactors. • Non-Competitive procurements - Used only when the small purchase, sealed-bid or competitive proposals methods are not feasible, and one of the following circumstances exists:
o The item is only available from one source
o There is a public exigency or emergency need for the item that will not permit the delay associated with competitive solicitation
o Aftersolicitation of a number ofsources, competition is determined inadequate.
Please see below for additional requirements pertaining to non-competitive procurements.
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Reasonableness of Cost/Price
Sub-recipients are required to perform some form of price or cost analysis cost with every procurement estimated to exceed the Simplified Acquisition Threshold (currently set at $250,000).
The method or degree of analysis is dependent on the facts and circumstances surrounding the particular procurement but, as a starting point, sub-recipients must make independent estimates before receiving bids or proposals. Through a cost analysis, determinations are made on which costs are real and reasonable, allowable under grantee regulations or rules, and properly allocated to the work to be performed under proposed contracts.
Sub-recipients are required to negotiate profit as a separate element of price for each contract where there is no price competition and in all cases where a cost analysis is performed. Please contact the ASAUA Grant Office for guidance and recommended language for meeting this requirement.
Conflicts of Interest
No official or employee of local government shall participate personally through decisions, approval, recommendation, or otherwise in any application, contract, award, agreement with federal funds, in which he/she or immediate family, partners, organization in which they participate or prospective employment, has a financial interest, or has less than an arms-length transaction. Violations may result in criminal, civil, or administrative penalties.
State EOC, Aviation, and Non-Competitive Procurement Pre-Approval Requirements For all UASI projects that establish or enhance an Emergency Operation Center (EOC), project managers must submit the CalOES Establish/Enhance Emergency Operations Center (EOC) Request Form (contact Grant Office for copy of form) to the Santa Ana UASI Grant Coordinator for pre-approval.
Any and all Aviation Equipment projects must also be pre-approved by CalOES before purchases begin. The CalOES Aviation Request Form(contact Grant Office for copy of form) once completed must be forwarded to the Santa Ana UASI Grant Coordinator.
Finally, all Non-Competitive Procurements in excess of the Simplified Acquisition Threshold (currently set at $250,000) require pre-approval from CalOES, before any purchases are made.
Once completed, the Request for Non-Competitive Procurement Authorization Form (contact the Grant Office for a copy of the form) must be forwarded to the Santa Ana UASI Grant Coordinator for approval. The form will require approval from the sub-recipient’s Purchasing Agent before being submitted to CalOES for review. Further documentation supporting the procurement effort may be requested for review by CalOES.
Documentation
Sub-recipients are required to maintain recordssufficient to detailthe history of procurement [2 CFR 200.318(i)]:
• The rationale for the method of procurement (small purchase,sealed bid, etc.) • The selection of contract type (fixed-price, cost reimbursement, etc.) • Contractorselection or rejection; and
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• The basis of the contract price.
If procurement exceedsthe small purchase amount, the sub-recipient mustinclude in its procurement records and files:
• The basisfor contractorselection
• Justification for lack of competition when competitive bids or offers were not obtained • The basis for the award cost or price
Please keep a detailed record of each procurement step. A form is available to assist the subrecipient with this process. Please contact the grant office for a copy.
Performance Bonds
Sub-recipients are required to purchase performance bonds for any equipment items that exceed $250,000 or for any vehicles including aircraft or watercraft that are financed with Homeland Security funds. The cost of the performance bond is an allowable expense under the UASI grant program. Per the HSGP California State Supplemental Guidance, equipment purchased under a performance bond must be received within 90 day of the Recipient’s (City of Anaheim or City of Santa Ana) performance period.
** A copy of the performance bond must be submitted to the awarding agency (CalOES) no later than the time of reimbursement.
Indirect Costs (Facilities and Administration)
Under the FY23 UASI Grant Program, recipients and sub-recipients are allowed to claim indirect costs based on their federally approved indirect cost rate for expenses that are not easily tied to a specific object or activity (direct costs) and fall within the “Facilities” or “Administration” categories. Per 2 CFR Part 200.414, “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, and operations and maintenance expenses. “Administration” is defined as general administration and general expenses such as the director’s office, accounting, personnel and all other types of expenditures not listed specifically under the “Facilities” sub-category. The indirect costs eligible for reimbursement under FY23 are based an approved percentage of the total claimed expenditures, excluding equipment and contract costs. A copy of the approved rate is required at the time of application, and must be provided to DHS/FEMA before indirect costs are charged to the award.
As part of the FY23 UASI Grant Application process, the Anaheim/Santa Ana UASI was required to notify CalOES as to whether or not they would be claiming indirect costs under the FY23 award. The Grant Office has elected not to claim “Facilities” and “Administration” costs under this grant cycle.
Training Program Overview
The Anaheim/Santa Ana Urban Areas allocates training funds to applicable Orange County jurisdictions based on the following functional areas: Law Enforcement, Fire, Health Care, and Emergency Management.
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Although no longer a DHS requirement,the Anaheim/Santa Ana UASI continuesto dedicate 10% of the total grant allocation to eligible training expenses as set forth by the Urban Area Working Group (UAWG). The UAWG makes recommendations that will enhance regional preparedness, ensure standardization within Orange County, avoid duplication of efforts, and maximize the use of grant funds. Training needs will be determined by regional stakeholders within each functional area based on an evaluation of the region’s gap in in capabilities and the Urban Area’s Multi-year Training and Exercise Plan. In collaboration with the UAWG, these needs will be prioritized and presented to the Anaheim/Santa Ana UASI for funding. A list of eligible training courses will be maintained in the ASAUA Homeland Security Regional Homeland Security Training Catalog.
Additional courses may also be offered through local instruction based on identified need.
Eligible costs for locally instructed training under the FY23 UASI allocation will be reimbursed through the Santa Ana UASI Office. Please refer to the training calendar on the Orange County Intelligence Assessment Center (OCIAC) website, https://ociac.org, for a list of the additional approved UASI training courses and deliveries.
Regional Training
Attendance for regional training classes will be coordinated through the Anaheim/Santa Ana Training and Exercise Coordinator and the OCIAC website. Jurisdictions must adhere to the approval process under the Reimbursement Guidelines section below prior to attendance by personnel in a regional training class. Please note, for regional training courses provided locally, one tracking request number will be requested for all participating jurisdictions; contactthe UASI Training and Exercise Coordinator for confirmation.
ReimbursementGuidelines
Training expenses that are submitted for reimbursement must adhere to the FY23 State and Federal Homeland Security Grant Program Guides, and applicable Code of Federal Regulation (CFR). In accordance with this guidance, several regulations are highlighted below:
• Reimbursable training costsfor approved training includes: Tuition,Overtime and Backfill for approved instructors, and Travel Costs (i.e. airfare, mileage, per diem, hotel, etc.). All expenses must comply with each jurisdiction’s established policies. • Overtime and backfill are reimbursable expenses, but at NO time is dual compensation (overtime and backfill) allowable during the same training day. In order to pay for backfill, agencies must have incurred the expense of paying overtime to fill a position vacated by the employee on the day of the training.
• Personnel costs for employees who provided training instruction on a normal work day are not reimbursable.
• For agenciesthat have extended shifts (12-24 hours) please note that backfill can only be reimbursed for the time that the employee was not able to work their normal shift due to the training.
• Reimbursement for “Fringe Benefits” in overtime and backfill is limited only to Federal Insurance Contributions Act (FICA), Workers’ Compensation, and Unemployment Insurance.
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• Tips, alcohol, and entertainment are not reimbursable expenses. • Agenciesmustretain expense related documentation forthree years past the close of the grant by CalOES and the ASAUA Grant Office.
To submit for reimbursement, sub-recipients will need to complete the Travel Reimbursement Application Worksheet for each completed course. The Travel Reimbursement Application Worksheet must include the State Tracking Number for the class in order to receive reimbursement.
Payroll documentation must include a timesheet, overtime sheet, or some other form of documentation that has the following information: employee signature, grant (UASI), date(s), hours, and purpose (ex. course title attended or Backfill for employee). If the sub-recipient does not have this document, the employee must complete the Functional Timesheet. All Overtime/Backfill expenses must be supported by copies of a payroll or othersimilarsystem that supports the overtime rate and number of overtime/backfill hours that submitted for reimbursement.
In addition to the Training Reimbursement Application Worksheet, sub-recipients must also complete one Reimbursement Request for Grant Expenditures form for the total amount listed on each of the Training Reimbursement Applications and Worksheets. An invoice must also be included that bills the City of Santa Ana for the total amount.
Please contact the grant office for a copy of all required forms.
Exercise Program Overview
UASI Funded exercises will occur on an ongoing basis, according to the Urban Area’s Multi-year Training and Exercise Plan and identified capabilities gaps within the region. Certain exercises may have funding available for expenses incurred by jurisdictions as a result of participation in or the development of UASI funded exercises. All expensesto be reimbursed through UASI must receive prior approval from the Anaheim/Santa Ana UASI Grant Office. Any questions regarding the Exercise Program, please contact the Anaheim/Santa Ana UASI Training and Exercise Coordinator.
The following documentation is required forreimbursement:
Equipment/Planning ReimbursementDocumentation:
• City/Agency invoice billing the City of Anaheim forreimbursable charges • Reimbursement Request for Grant Expenditures Form
• Copies of invoices received and paid by Sub-Recipient • Copies of payments (checks issued)
• Copies of requisitions, quotes, and purchase orders
• Copies of Requests for Bid/Proposal, evaluations, and contracts • Packing slip with itemized equipment purchases
• Equipment Reimbursement Worksheet
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Training ReimbursementsDocumentation:
• City/Agency invoice billing the City of Anaheim forreimbursable charges • Reimbursement Request for Grant Expenditures Form
• 2023 Travel Reimbursement Worksheet
• Copies of invoices received and paid by Sub-Recipient • Copies of payments(checks issued)
• Documentation of payroll records verifying hourly rate and overtime/backfillrate, as well as proof of total overtime cost paid for each employee
• Copies of signed employee documentation or UASI Functional Timesheets for overtime/backfill
• Copy of the Tracking Number
• Copy of rostershowing proof of instruction
• Copies of all receiptsfor tuition, travel, lodging and per diem. If the sub-recipient’s travel policy indicates actual costs will be reimbursed, the sub-recipient must submit all receipts. If the sub-recipient’s travel policy is to provide a daily Per Diem, then records must be provided that document the amount of Per Diem provided. • DEADLINE to submit final training reimbursement packet: December 31, 2025.
Other Approved Personnel Cost (Planning, M&A, and Organization) Reimbursement:
• City/Agency invoice billing the City of Anaheim forreimbursable charges • Reimbursement Request for Grant Expenditures
• Copies of employee job descriptions/dutiesrelated to the grant • Copies of payroll records verifying hourly rate and overtime/backfill rate, as well as proof of total overall payroll costs
• Copies ofsigned employee payroll documentation or UASI Functional Timesheetsfor overtime/backfill or approved UASI salaries
Deadline to Submitfor Reimbursement
Sub-Recipients are encouraged to seek reimbursement throughout the grant cycle, as funds are expended. Final Reimbursement Packets (for all other projects outside of Training) are to be turned in NO LATER THAN March 31, 2026.
Part 5 – Financial and Equipment Monitoring Requirements Monitoring Program Overview
In an effort to ensure the Anaheim/Santa Ana UASI is compliant with all federal, state and local laws and requirements, and to make certain all activities carried out under the Anaheim/Santa Ana UASI grant program are both reasonable and allowable, every subrecipient who receives funding will be monitored by staff from the Anaheim/Santa Ana UASI grant offices. It is through a comprehensive application process and monitoring that the Anaheim/Santa Ana UASI hopes to achieve its goal of performing effective grants management.
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Procurements
Sub-recipients shall use their own procurement procedures and regulations, provided their procurement procedures and regulations conform to applicable Federal law and standards.
Equipment
For purposes of this guide, “Equipment” is defined as follows: “An article of non-expendable, tangible personal property having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the governmental unit for financialstatement purpose, or $5,000.” Refer to the DHS FY23 Homeland Security Grant Program – Notice of Funding Opportunity and the Authorized Equipment List (AEL) for allowable equipment expenses. The 21 allowable equipment categories for the FY23 HSGP are listed on the web-based AEL at:
https://www.fema.gov/authorized-equipment-list. Unless otherwise stated in program guidance, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using UASI funds. Sub-recipients will be responsible for obtaining and maintaining all necessary certifications and licenses for the purchased equipment.
Physical Inventory
As noted above, the purpose of the monitoring visit whether formal or informal, is to oversee and ensure that sub-recipients are expending and using funds on projects that have been preapproved. Furthermore, once the projects are completed, that the resulting equipment is being used in a manner consistent with the original intent and request.
To that end, and in compliance with federal, state, and local grant guidelines, strategies, and policies, a representative from the Anaheim/Santa Ana grant offices will be required to physically inspect, tag, and inventory all UASI funded equipment. The Anaheim/Santa Ana UASI grant offices will conduct a monitoring review of all Operational Area UASI funded equipment at least once every two years. Equipment items must be inspected and monitoring reviews completed throughout the life of the equipment, terminating when disposition takes place.
Disposal records for equipment acquired with Federal funds must be retained for 3 years after final disposition. Please refer to the ASAUA Equipment Guidelines for a review of the applicable rules and regulations regarding the purchase and maintenance of federally funded equipment.
During a review, verification will be made that the following conditions do, or do not exist:
• There is a regional (operational area) application to the equipment. • There is an established and documented Point of Contact/Custodian (POC) who is responsible for the providing all requested documentation to the monitor, as well as upkeep and care for the equipment.
• There is an established and documented process for inventorying equipment and tracking its use, maintenance, and training/exercising. • Current and accurate equipment records are kept including: description, serial number, source of equipment, title holder, acquisition date, cost of equipment, percentage of federal participation in the cost, location kept, use of and condition of equipment, date of disposal (if applicable), and sale price (if applicable). • Complete financial records are on hand, to include a full procurement/purchasing
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packet (quotes, bids, etc.), purchase orders and/or contracts, invoices, payments, packing slips, and any other documentation the sub-recipient deems necessary to show grant funds have been used according to the grant, administrative, and financial guidelines mentioned in Chapter 1 of this guide. Refer any financial recordkeeping questions to the Anaheim or Santa AnaGrant Fiscal Coordinator. • Quality Control guidelines exist to ensure adequate safeguards to prevent loss, damage, or theft of equipment.
• If there is a case of loss, damage, or theft of equipment, the custodial agency must notify the Anaheim/Santa Ana UASI grant office in writing no later than 30 day calendar days. If lost, stolen, or damaged beyond repair, the equipment shall be replaced with that of like kind and capability, at the custodial agency’s own expense.
The Sub-Recipient will be notified of any compliance issues (findings) discovered during the monitoring review. Advisory recommendations will be provided to ensure future compliance with grant regulations. Depending on the nature of the compliance issues identified, further action may be necessary and include penalties for the custodial agency. Penalties are not limited to, but may include: re-possession of the funded equipment by the Anaheim/Santa Ana UASI Grant Offices, future denial of project requests, etc.
Maintenance & Disposal
The custodial agency will be responsible for all maintenance or repair related to UASI funded equipment, outside those covered by a manufacturer’s warranty. When original or replacement equipment acquired under a grant or sub-grant is no longer needed for the intended use, or original project or program, disposition will be made asfollows:
• Equipment with a current per-unit fair market value less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. • Equipment with a current per-unit fair market value in excess of $5,000 may be retained or sold, and the awarding agency (CalOES) shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency’s share of the equipment.
• If not sold or retained, the equipment shall be returned to the Recipient (Anaheim/Santa Ana UASI grant office).
• Sub-Recipient must contact ASAUA Grant Office prior to initiating disposition process.
Grant Office is required to reach out to awarding agency for disposition instructions prior to taking any action.
Please refer to the ASAUA Equipment Guidelines for a review of all applicable rules and regulations regarding the purchase and maintenance of federally funded equipment. Any questions regarding equipment and logistical monitoring, contact the UASI Grant Office.
Part 6 – Closeout Procedures
Notification of Closeout
The sub-recipient will receive notification of the closeout of FY23 UASI Grant Program once
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instructions have been issued by CalOES. The recipient (Anaheim/Santa Ana UASI) must submit the final Performance Report and Bi-Annual Strategy Implementation Report (BSIR) before approval and closeout will be issued. Once approved, CalOES will notify the Anaheim/Santa Ana UASI Grant Office of the start of the record retention period for all programmatic and financial grant-related records.
Record Retention
Sub-recipients must retain all financial records and supporting documents for a period of three years from the date of submission of the final expenditure report by the Anaheim/Santa Ana UASI. Notification of the closeout date and subsequent record retention period will be disseminated by CalOES and passed through to the sub-recipient.
Part 7 – Conclusion and Timeline
Conclusion
It is critical that sub-recipients become familiar with the guidelines as set forth in this document, as well as the others referred to in this guide. With the overlap of grant cycles and nuances found within in each, the grant administrators and coordinators will rely on subrecipients to provide timely, accurate information and documentation for a successful implementation of the UASI Grant Program.
FY23 UASI Grant Timeline
Anaheim/Santa Ana UASI Performance Period Begins September 1, 2023 Anaheim/Santa Ana UASI Award October 18, 2023
Anaheim/Santa Ana Sub-Recipient Performance Period Begins August 14, 2024 Anaheim/Santa Ana UASI Grant Program Rollout Meeting August 14, 2024 Sub-Recipient Agreement & Eligibility Packet Due November 15, 2024 Deadline to Submit Completed Training Reimbursement Packets December 31, 2025 Final Reimbursement Packets Due/Performance Period Ends March 31, 2026 Anaheim/Santa Ana UASI Grant Performance Period Ends May 31, 2026
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Economic Development Action Plan Update for FY 2023/24 and FY 2024/25 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
On July 18, 2023, staff presented a draft version of the City’s Economic Development Action Pan (EDAP) at a Study Session with HdL Companies, who prepared the plan. Based on the feedback received at the Study Session, the EDAP was updated and approved on November 7, 2023 by the City Council. On February 20, 2024 staff presented to City Council a priority list of the EDAP Action Items and an implementation schedule for the next four (4) fiscal years.
DISCUSSION:
With the recent end of FY 2023/24, the beginning of FY 2024/25, and as specified in the SixMonth Strategic Objectives, staff is providing a progress report of the EDAP Action Items. The priority list that was prepared for February 20, 2024 City Council meeting is attached and has been revised to include a “Status” column to the right. Under this column, a brief update is provided on all the Action Items for FY 2023/24 and 2024/25 for City Council’s review.
Highlights for FY 2023/24 include the following:
Focus Area 2. Shopping Centers
o The city had a successful attendance at this year’s ICSC’s Las Vegas Conference, which provided the opportunity to meet with major retailers, developers, and brokers representing current commercial centers in the city.
Staff was able to market commercial opportunities in the city, including potential opportunities in the north-east section of the city. In preparation for the event, the city’s tradeshow booth and marketing material were updated.
Economic Development Action Plan Update
September 17, 2024
o Successful in bringing in new businesses, including Crumbl Cookies, Black Dot Coffee and assisting with the opening of two (2) Dutch Bros. Focus Area 6. City Hall Engagement
o The city continued to actively participate in industry and community organizations, including attending Chamber events, board meetings, and participating in ribbon cuttings/grand openings.
o The city used its social media to highlight small businesses, including a campaign during SBA’s Small Business Week.
Initiatives started for FY 2024/25:
Focus Area 7. Other Economic Development Activities
o Efforts have started to conduct a business visitation program in conjunction with a survey and utilizing the toolkit/business resources folder developed in FY 2023/24.
With the recent start of FY 2024/25, staff will continue to implement the EDAP Action Items, and additional updates will be provided in the future.
FISCAL REVIEW:
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
This does not require the Attorney for the City review or approval.
ALTERNATIVES:
Alternative No. 1: Receive and File the update on the EDAP for FY 2023/24 and FY 2024/25.
Alternative No. 2: Direct staff to take an alternative action.
RECOMMENDATION:
Staff is requesting City Council approval of Alternative No. 1.
Prepared by: Victor Viramontes, Management Analyst
Economic Development Action Plan Update
September 17, 2024
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachment: 1. EDAP Action Items Priority List with Status of Each
Economic Development Action Plan (EDAP) Action Items Priority Focus Area EDAP Action Item HdL Timeline Partners Success Metrics Status
1. The Crossings Create an inventory of existing businesses, as well as vacant and underutilized spaces, within the area to better evaluate the strengths of business mixes and potential for new
business opportunities.
Near-term
(ongoing)
City, businesses, local
property
owners/managers
-Percent total known
businesses included in
inventory
Completed
2. Shopping
Centers
The city should verify the ownership and property managers for each of the centers and schedule one-on-one meetings with them.
Near-term
(ongoing)
City, businesses, local
property
owners/property
managers
-Percent of total known
owners/managers
verified
-Number of meetings
with owners/managers
Completed
The city should identify existing or pending vacancies with the centers
Near-term
(ongoing)
City, businesses, local
property
owners/property
managers
-Percent of known
vacant or underutilized
spaces identified
Completed
Participate in trade shows such as International Shopping Centers (ICSC) and the American Lodging Investment Summit (ALIS).
Longer-term
(ongoing)
City, businesses, local
property owners
-Filling vacant spaces
with new business
attraction
Completed
3. Mile Square Park Work with hotels for package deals for people and event organizers who are staying in Fountain Valley for Sporting events at Mile Square Park.
Short-term
(ongoing)
City, Hotels -Number of hotels
providing package deal
-Investment/deal
provided by hotels
-Number of Mile Square
Park users who use the
hotel package(s)
City to prepare. Discussed with hotels and agreed to
provide package discount.
4. Restaurants and
Night-Life Activity
Build a restaurant and entertainment guide for visitors, Fountain Valley employees, and residents.
Short-term City, Park District,
Restaurants
-Number restaurants
willing to participate in a
guide program
-Visits/clicks to online
restaurant guide
Completed
Explore the possibility of a Night Market such as La Puente and 626 Market.
Longer-term
(ongoing)
City, restaurants and
community
-Number of events &
participation at events
by restaurants and
attendees
Connected with Dreamers Market and Weekend Night
Market.
Priority 1 Action Items (FY 2023/24)
Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 1 Page 119 Economic Development Action Plan (EDAP) Action Items Priority
5. Medical and
Health Care
Identify complimentary uses and specific businesses to attract into the city to support the health care industry.
Short-term
(ongoing)
City, local brokers,
property
owners/managers,
medical and
healthcare businesses
-Number of meetings
held with task force
Ongoing outreach
6. City Hall
Engagement
Develop a toolkit for businesses outlining various available programs and incentives.
Short-term City Staff -Creation of material -
Regular review and
maintenance of online
materials
Ongoing , business resources folder being developped.
Actively participate in industry organizations and community engagement to cultivate relationships with tenants, brokers, property owners and other real estate decision maker.
Short-term
(ongoing)
City Staff,
Local/regional
organizations, local
businesses, property
owners/managers
-Attendance at related
meetings
Ongoing, attended ICSC conferences, Chamber events
and board meetings, and grand openings.
Strengthen social media presence with active postings. Short-term (ongoing)
City Staff -Social media postings,
following and
engagement
Ongoing, highlighted small businesses during Small
Business week. Will continue to highlight small
businesses on social media.
7. Other Economic
Development
Activities
Tell the Fountain Valley story to better market business and/or development of opportunities in Fountain Valley.
Short-term City, local businesses,
property
owner/managers, real
estate professionals
-Creation of
story/branding for City's
Economic Development
Will discuss with JPW Comunications to create
story/branding for City's Economic development
Focus Area EDAP Action Item HdL Timeline Partners Success Metrics Status
1. The Crossings The city should continue to communicate with the property owners in person annually (and their real estate
representatives) to understand their desire for potential for development and be aware of development opportunities
that fit within the property owners and city's objectives.
Longer-term
(ongoing)
City, local businesses,
local property
owners/managers
- Percent of vacant
spaces
-Total vacancy rate
Ongoing. City has directed developers to contact
property owners.
Priority 2 Action Items (FY 2024/25)
1. The Crossings, 2. Shopping Centers, 3. Mile Square Park, 4. Restaurants and Night-Life Activity
5. Medical and Health Care, 6. City Hall Engagement, 7. Other Economic Development Activities Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 2 Page 120 Economic Development Action Plan (EDAP) Action Items Priority Given the existing mix of home furnishings businesses, one niche option to consider is new short-term branding and marketing opportunities to designate this as a Design + Home Furnishings District in support of existing businesses in the Crossings that fall within those categories.
Longer-term
(ongoing)
City, existing design
and home furnishings
businesses located in
The Crossings
-Percent of businesses
interested in
participating in a Design
+ Home Furnishings
District
To discuss with JPW Communications.
The city should work with existing businesses to undertake a focused marketing campaign to market the businesses in the area to residents and outside the community consumers.
Longer-term
(ongoing)
City, businesses, local
property
owners/managers
-Creation of marketing
campaign -Percent
businesses participating
in marketing campaign
To discuss with JPW Communications.
3. Mile Square Park Analyze the restaurants that are within convenient driving distance from the park. Consider whether there are any voids in types of restaurants that would cater to families
Longer-term City, restaurants -Number of restaurant
voids filled (if voids
exist)
Ongoing
Create hotel and restaurant guides for visitors and event organizers who come to Fountain Valley for sporting or other events held at Mile Square Park on the food and over-night stay options within the city limits. Create a few "templates" for one-day or multi-day visits to Fountain Valley geared towards families or other key users of the Mile Square Park.
Short-term City, Hotels,
Restaurants
-Number hotels and
restaurants willing to
participate in a guide
program
-Visits to online hotel
and restaurant guide
Investigating adding hotels to existing restaurant and
shopping guide.
4. Restaurants and
Night-Life Activity
Identify and actively seek unique restauranteurs or
developers willing to come to Fountain Valley and add value, as well as improve aesthetics of existing shopping centers or strip malls.
Longer-term City, property
owners/managers,
restaurants/businesse
s
-Private investment to
improve restaurant
facades
Ongoing
Develop a brand and logo for Fountain Valley restaurants, as well as a tagline for Fountain Valley restaurants as a
destination. Consider co-branding with Kei Concepts, the owner of several restaurants in Fountain Valley, and tie in existing themes of local Fountain Valley restaurants.
Near-term City, restaurants -Creation of brand and
logo
-Creation of restaurant
destination tagline
To discuss with JPW Communications.
5. Medical and
Health Care
Work with Local brokers and property owners to encourage the attraction of medical/healthcare related business.
Longer-term
(ongoing)
City, local brokers,
property
owners/managers,
medical and
healthcare businesses
-Relationships built with
brokers and property
owners/managers
Ongoing
Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 3 Page 121 Economic Development Action Plan (EDAP) Action Items Priority Identify spaces available to meet the needs of medical related complimentary uses.
Longer-term
(ongoing)
City, local brokers,
property
owners/managers,
medical and
healthcare businesses
-Percent of known
vacant or underutilized
spaces identified
Outreach to uniform stores and suppliers. Meet with
UCI to discuss what may be considered complimentary
uses.
Create restaurant and hotel guide for employees and families of hospital patients.
Short-term City, local brokers,
property
owners/managers,
medical and
healthcare businesses
-Healthcare and medical
facility by-in -Number of
guides distributed and
referenced at
restaurants and hotel
To dicuss with UCI rep once guide has been updated
with hotel.
6. City Hall
Engagement
Develop a Business Concierge Service wherein businesses receive one-on-one assistance to navigate through the city's permitting, entitlement and development process.
Short-term
(ongoing)
City Staff In the process of establishing.
Feature business successes, new openings, and
entrepreneurs.
Short-term
(ongoing)
City Staff, local
businesses
-Number of businesses
featured per quarter
Ongoing, attended grand openings and highlighted
business during small business week.
7. Other Economic
Development
Activities
Form a 'Team Fountain Valley' comprised of key city staff to help support existing Fountain Valley businesses as well as quickly advance new development opportunities in Fountain Valley, including having an ombudsman or concierge
program.
Near-term City -Defining roles for
development
ombudsman or
concierge program roles
and assigning staff
In the process of establishing.
Work with leading businesses and business stakeholders in the community in the formulation of a new Shop Local
marketing program to assist independently owned small
businesses in Fountain Valley.
Near-term City, businesses To discuss with JPW Communications.
Constantly seek quality development for Fountain Valley that creates a strong sense of place or placemaking through
consistent design standards, amenities, and effective public spaces.
Longer-term City, local businesses,
property
owners/managers,
real estate
professionals
-Quality development
opportunities/leads
-Number of quality
development leads that
come to fruition
Ongoing, all development applications are held to high
standard in design and function.
Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 4 Page 122 Economic Development Action Plan (EDAP) Action Items Priority Creation of an Economic Development Tourism Advisory
Group consisting of City Staff, as well as business and Chamber leaders.
Short-term
(ongoing)
City, leisure industry
and other businesses,
Chamber
-Number of meetings
held with Advisory
Group
-Follow through on
recommended Action
Items from the Group
In the process of establishing.
Conduct a survey of the small business community on
identifying barriers to business growth, along with soliciting ways to enhance the business climate in Fountain Valley.
Short-term City, local businesses -Number total responses to survey
Survey to be updated and conducted in conjunction
with business visitations.
Create a business visitation program for Fountain Valley, where key city staff visit businesses monthly to engage in fact finding about needs and wants of local businesses.
Short-term City, local businesses -Number businesses
visited per quarter
Begin business visits in September and possibly
collaborate with the Chamber.
Focus Area EDAP Action Item HdL Timeline Partners Success Metrics Status
1. The Crossings The Specific Plan defines the geographic boundaries; however, the city should consider clearly identifying
commercial boundaries within the area to help market and identify existing and future business and development
opportunities more easily.
Short-term City, local property
owners/managers
-Completion of
commercial boundary
identification
The city should identify existing uses that may not be the highest and best use of the property or buildings. If there are uses that appear to be underutilized, work with the property owners to potentially redevelop those properties.
Short-term
(ongoing)
City, businesses, local
property
owners/property
managers
-Number of properties
identified
Assist property owners in marketing the centers and specific businesses
Longer-term
(ongoing)
City, businesses, local
property
owners/property
managers
-Increase in business
customer activity
2. Shopping
Centers
Work with the property owners on strategies to assist with aesthetic improvements to the centers. Consider programs to waive city fees or pay overtime.
Longer-term
(ongoing)
City, businesses, local
property owners
-Investment in existing
properties
Priority 3 Action Items (FY 2025/26)
1. The Crossings, 2. Shopping Centers, 3. Mile Square Park, 4. Restaurants and Night-Life Activity
5. Medical and Health Care, 6. City Hall Engagement, 7. Other Economic Development Activities Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 5 Page 123 Economic Development Action Plan (EDAP) Action Items Priority
3. Mile Square Park Evaluate pedestrian and bicycle connectivity between Mile Square Park and major retail areas in Fountain Valley to determine opportunities for improvements, such as adding bike lanes or crosswalks, or making improvements for overall safety of pedestrians, bicyclists, and vehicular drivers.
Short-term City, park users -Investment in
improving connectivity
from park to retail
centers
4. Restaurants and
Night-Life Activity
Consider a business attraction grant with a focus on
restaurant attraction to help more independently owned
restaurants expand into Fountain Valley.
Short-term City, businesses,
property
owners/managers,
restaurants
-Public investment in
grant program
-Effectiveness of
business attraction grant
Consider a façade improvement grant program for existing restaurants.
Longer-term City -Restaurant
participation
Explore programs to provide city assistance for financing of restaurant specific improvements that may be shared such as grease interceptors.
Long-term City, restaurants,
property owners
-Restaurant and
property owner
participation
Establish Fountain Valley as an 18-hour city by enhancing efforts to attract nighttime entertainment and restaurant operators that appeal to the employee and restaurant
populations.
Long-term
(ongoing)
City, restaurants -increased patronage of
restaurants.
Work with the Vietnamese owned restaurants to organize
and market special events focused on attracting Vietnamese population to Fountain Valley.
Short-term
(ongoing)
City, restaurants and
cafes
-Percent of participating
restaurants
-Number of events &
participation at events
by restaurants and
attendees
6. City Hall
Engagement
Develop an informational/investment packet for specific key industries (food/medical).
Longer-term City Staff -Creation of material -
Regular review and
maintenance of online
materials
Develop targeted short videos to help tell our story Longer-term City Staff, local businesses
-Creation of short videos
-Regular review and
update videos
(quarterly, biannually, or
yearly)
Depending on resources, may possibly pushed out
Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 6 Page 124 Economic Development Action Plan (EDAP) Action Items Priority Develop an effective brand for marketing Fountain Valley as an outstanding place to live, work, visit, shop, dine and invest.
As part of this effort, ensure that www.ExperienceFV.org is up to date.
Short-term City, local businesses,
property
owners/managers,
real estate
professionals
-Creation of
story/branding for City's
Economic Development
-Updates made to
Experience FV.org
Explore ways to create successful special events such as Restaurant Week, to capitalize on the abundance and
diversity of restaurants in the community.
Short-term City, local businesses,
property
owners/managers
-Creation of restaurant
week
-Participation numbers
for restaurants and
attendees -Number of
events
Focus Area EDAP Action Item HdL Timeline Partners Success Metrics Status
1. The Crossings The Crossing appears to not have a specific identity. The city should undertake the rebranding of the commercial sections of the area, based upon the existing and desired uses.
Longer-term
(ongoing)
City, local property
owners/managers,
existing businesses
located in The
Crossings
-Creation of branding for
the commercial areas of
The Crossings
Allegra provided alternatives. City Council tabled item until branding can correspond with future
development.
Amend the existing Crossings Specific Plan as appropriate. longer-term City, local businesses, local property
owners/mangers
N/A
3. Mile Square Park Explore opportunities for additional recreational amenities and concessions at City-owned property at Mile Square Park.
Longer-term City, park users -Investment in new or
improved recreational
amenities or concessions
Will work with Community Services Dept. as part of
Park and Rec's masterplan.
6. City Hall
Engagement
Develop a strategic foreign direct investment plan to attract investment.
Longer-term City Staff
7. Other Economic
Development
Activities
Continue to upgrade technology and utility infrastructure to help with economic development efforts.
Longer-term City -Investment in
upgrading technology
and utility for economic
development purposes
Priority 4 Action Items (FY 2026/27)
1. The Crossings, 2. Shopping Centers, 3. Mile Square Park, 4. Restaurants and Night-Life Activity
5. Medical and Health Care, 6. City Hall Engagement, 7. Other Economic Development Activities Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 7 Page 125 Economic Development Action Plan (EDAP) Action Items Priority Ensure land use policies are appropriate for future
redevelopment or repositioning opportunities aimed at
producing the 'highest and best uses' over the long-term.
Longer-term City, local businesses,
property
owners/managers,
real estate
professionals
-Number of
amendments to land use
policies aimed at
enhancing FV +
effectiveness of those
amendments
Completed as part of the General Plan update but will
reconsider accordingly.
Explore new technology possibilities for Fountain Valley's planning services functions (and their supporting consultants) to electronically accept and process plan review submittals.
Longer-term City -Investment in
upgrading technology
for FV's planning
services
-Improvements in
efficiency due to
technology investment
Consider ways to capitalize on the fact that Fountain Valley is a gateway to leisure destinations Orange County, in particular Huntington Beach and Anaheim.
Longer-term City, local businesses,
property
owners/managers,
real estate
professionals
-Creation of marketing
materials capitalizing on
FV as a gateway city to
leisure destinations
Diversify the business mix in Fountain Valley and work with brokers and developers to fill vacancies with the "right" types of businesses.
Longer-term City, local businesses,
property
owners/managers,
real estate
professionals
-Number of new, diverse
businesses filling
vacancies in Fountain
Valley
Consider new and innovative ways to attract vehicular traffic off the I-405 and into the community (targeted ads, electronic billboards, etc.). Build on previous marketing attempts by incorporating the rebranding or new branding efforts for the major shopping centers, restaurants and night-life, and Mile Square Park.
Longer-term City, local businesses,
property
owners/managers
-Investment in
marketing
-Effectiveness of
marketing efforts
1. The Crossings, 2. Shopping Centers, 3. Mile Square Park, 4. Restaurants and Night-Life Activity
5. Medical and Health Care, 6. City Hall Engagement, 7. Other Economic Development Activities Priority: Priority 1 Current FY, Priority 2 FY 2024/25, Priority 3 FY 2025/26, Priority 4 FY 2026/27 Page 8 Page 126
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance Increasing Council Member Compensation
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing
businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY
At its meeting on September 3, 2024, the City Council introduced for first reading an Ordinance Increasing Council Member Compensation. As proposed on September 3, 2024, the Ordinance increased compensation to $1,600 per month, per state law. The Council amended the Ordinance by reducing compensation to $1,200 per month and approved a first read of the amended ordinance. The amended ordinance is now presented to City Council for second reading and adoption.
FISCAL REVIEW
The increase in City Council compensation would be an additional cost, including citypaid payroll taxes, of $710 per council member per month, or a total of $42,600 on an annual basis. These costs are not included in the adopted FY 2024-25 annual budget and would require a budget amendment for the final seven (7) months of FY 2024-25.
The Budget Amendment appropriates $24,850 in increased expenditures from the General Fund unreserved fund balance into the City Council salary and benefit expenditure accounts 100.10.10100.50000 and 100.10.10100.50400.
RECOMMENDED ACTION
Staff recommends that the City Council adopt the attached Ordinance and approve the associated budget amendment.
City Council Request
Second Reading of an Ordinance Increasing Council Member Compensation September 17, 2024
ENVIRONMENTAL ANALYSIS
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
ATTORNEY REVIEW:
The Attorney for the City has reviewed and approved the Ordinance.
PUBLIC NOTIFICATION
This item was properly agendized under the Ralph M. Brown Act.
ALTERNATIVES
1. Approve the Second Read and Adopt the attached Ordinance Increasing Council Member Compensation and approve the associated budget amendment.
2. Do not adopt the attached Ordinance.
3. Continue the item for further consideration.
RECOMMENDED ACTION
Staff recommends that the City Council Approve the Second Read, Adopt the attached Ordinance Increasing Council Member Compensation, and approve the associated budget amendment.
Prepared by: Colin Burns, Attorney for the City
Fiscal Review: Ryan Smith, Finance Director
Approved By: Maggie Le, City Manager
Attachment No 1: Ordinance of the City Council of the City of Fountain Valley Increasing Council Member Compensation
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY REGARDING THE COMPENSATION
OF COUNCIL MEMBERS
WHEREAS, California Government Code Section 36516(a)(2)(C) provides that, in cities with a population of 50,000 up to and including 75,000, a city council may enact an ordinance providing that each member of the city council shall receive a salary up to and including one thousand six hundred dollars ($1,600) per month; and WHEREAS, the City of Fountain Valley has a population of approximately 54,893; and
WHEREAS, since 1997, council compensation for City Council members of the City of Fountain Valley has been five hundred dollars ($500.00) per month and no increase in council member compensation has occurred since that time; WHEREAS, there is a need for increased compensation for City Council members due to zero increases in council compensation since 1997, the rise of inflation, and recent changes to Government Code 36516 authorizing an increase in council member compensation to $1,600.00 a month to reflect recent economic trends; WHEREAS, California Government Code Section 36516. 5 allows for an increase in compensation for the entirety of the Council “whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office.” The new term of office for newly elected council members (after the November 2024 election) is anticipated to begin December of 2024.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ORDAINS AS FOLLOWS:
Section 1. The Council hereby deletes and replaces in its entirety Section
2.04.190 of the Fountain Valley Municipal Code to read as follows:
2.04.190 Compensation.
Pursuant to the provisions of California Government Code Section 36516 and 36516.5, Council Members shall receive as compensation $1,200 per month and such benefits as allowed by law and provided by the city. Beginning with the first day of the month following the date when the term of office commences for a member of the City Council elected at the November 2024 general municipal election, the compensation of City Council Members shall be $1,200.00 per month and such benefits as allowed by law and provided by the city.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 17th day of September, 2024.
ATTEST:
___________________________ _____________________________ Rick Miller Glenn Grandis
City Clerk Mayor
APPROVED AS TO FORM:
HARPER & BURNS LLP
___________________________
Colin Burns
Attorneys for the City
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: September 17, 2024 Members of the City Council
SUBJECT: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000, and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue-producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:
The State Office of Traffic Safety offers local law enforcement agencies grants to staff selective traffic enforcement programs on an overtime basis. The time period for this grant is based on the Federal Fiscal Year beginning October 1, 2024, and ending September 30, 2025. This grant consists of a comprehensive program, which includes overtime funding for selective enforcement details, bicycle safety programs, Officer training, and specialized equipment. Due to strict timelines, Staff submitted a grant application in keeping with the Office of Traffic Safety guidelines, which are explained in detail below.
This was a competitive process, and the City was granted money in part because of its collision rates. Council’s authorization is required to accept these funds and begin this program. The City will be reimbursed for overtime costs, training costs and equipment in the amount of $80,000.
DISCUSSION:
The Police Department is committed to traffic safety in the City. The Police Department is continually analyzing traffic trends in an effort to combat DUI, hazardous vehicle operation violations and the reduction of traffic collisions. The grant requires traffic enforcement components, such as DUI checkpoints, DUI saturation patrols, primary collision factor violations, and distracted driver, motorcycle, pedestrian, and bicycle enforcement, to be conducted in an effort to reduce injury collisions. These components
OTS Step Grant
September 17, 2024
are designed to complement existing Police Department programs and are to be performed on an overtime basis.
DUI checkpoints, DUI saturation patrols, the enforcement of primary collision factor violations, distracted drivers, and motorcycle, pedestrian, and bicycle violation enforcement activities are effective ways to maximize the deterrent effect and increase the perception of apprehension of motorists who would operate a vehicle in a dangerous manner.
The Police Department was awarded the grant in the amount of $80,000. Of the amount awarded, $74,524 covers overtime expenses for staffing various enforcement and education components. The enforcement programs will be placed at different locations and time frames as determined by traffic collision analysis. The grant provides reimbursement for two (2) DUI checkpoints to be conducted during the summer and winter holidays. Additionally, the grant provides the funding to operate two (2) bicycle safety programs at local elementary schools. The grant also provides $2,876 in travel expenses for traffic-related training, which the California Office of Traffic Safety approves.
Additionally, the grant will provide for the purchase of $4,600 in equipment (DUI checkpoint supplies).
The projected goals for the program are as follows:
1. To reduce the number of collisions and the number of victims killed or injured in alcohol-involved collisions.
2. To reduce the number of collisions and the number of victims killed or injured due to violations of the California Vehicle Code, including primary collision factors, distracted driver, and motorcycle-related violations.
3. To reduce the number of bicyclists and pedestrians killed or injured due to a collision.
The total program costs are $80,000. The City will receive 100 percent reimbursement for these costs due to the grant.
FISCAL REVIEW:
The OTS grant allocation for the City of Fountain Valley is $80,000, which is the projected expense to staff a variety of enforcement components. The following is a breakdown of enforcement components and reimbursable costs:
Enforcement Component
Reimbursable
Overtime Costs
DUI/DL Checkpoints $22,400
DUI Saturation Patrols $24,000
Collaborative DUI Enforcement $4,000
Traffic Enforcement $10,000
OTS Step Grant
September 17, 2024
Distractive Driving $3,000
Motorcycle Safety Enforcement $2,000
Bicycle/Pedestrian Safety Enforcement $2,000
Collaborative Traffic Enforcement $4,000
Traffic Safety Education Presentations $1,124
SUBTOTAL $72,524
GRAND TOTAL $80,000
Without the grant money, the Police Department would have to spend budgeted money on overtime to staff each component, and these expenses would not be reimbursed. The Department would then have to choose between incurring these costs or neglecting valuable enforcement and education tools.
The budget amendment appropriates $80,000 in additional revenue from the State of California Office of Traffic Safety and $80,000 in increased expenditure appropriations.
The revenue will be posted to the Federal OTS Step Grant account in the Police Department Criminal Diversion grants program 270.70.97002.44003, and the purchase will be expensed to the following accounts below:
Fund Dept Program Object Description Amount
270 70 97002 50150 Overtime/Callback Sworn $72,524
270 70 97002 53052 Educational Meetings Emp $ 2,876
270 70 97002 55505 Misc. Equipment $ 4,600
TOTAL: $80,000
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
Training Reimbursable Costs
Travel Expenses for California Office of Traffic
Safety Approved Training
$2,876
SUBTOTAL $2,876
Other Direct Costs Reimbursable Costs
DUI Checkpoint Supplies $4,600
SUBTOTAL $4,600
OTS Step Grant
September 17, 2024
ATTORNEY REVIEW:
The Attorney(s) for the City has reviewed and concurs with the recommended action.
ALTERNATIVES:
Alternative No. 1: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget.
Alternative No. 2: Do not approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget and provide direction to Staff.
RECOMMENDATION:
Staff is requesting City Council approve Alternative No. 1: Approve a resolution to accept the Office of Traffic Safety Selective Traffic Enforcement Program grant money, amend the FY 2024-25 budget COPS/SLES fund in the amount of $80,000 and appropriate an expenditure to incorporate the changes into the FY 2024-25 budget.
Prepared by: Brian D. Mosher, Sergeant
Reviewed by: Michael Ishii, Interim Chief of Police
Fiscal Review: Ryan Smith, Finance Director
Attorney Review: Colin Burns, Attorney for the City
Approved by: Maggie Le, City Manager
Attachments:
1. OTS S.T.E.P. grant documents