Jefferson School, Suggested Route to School, continued
12. That the students living south of Grangeville Boulevard, west of Santa Fe Railroad, north of Greenfield Avenue, east of Fitzgerald Lane walk to the bus stop at Grangeville Boulevard and Mildred Street.
13. That the students living south of Dominic Way, west of Santa Fe Railroad, north of Lacey Boulevard, east of Campus Drive walk to the bus stop at Greenfield Avenue and Elm Street.
14. That the students living south of Grangeville Boulevard, west of Douty Street, north of Ivy Street, east of 11th Avenue walk to Jefferson School.
15. That the students living south of Florinda Street, west of Douty Street, north of Lacey Boulevard, east of Santa Fe Railroad walk to the bus stop at Woodrow Wilson for transfer to Jefferson.
16. That the students living south of Fargo Avenue, west of 10th Avenue, north of Grangeville Boulevard, east of Douty Street walk to the bus stop at George Washington School.
17. That the students living south of Fargo Avenue, west of Fernwood Drive, north of Burlwood Avenue, east of 10th Avenue walk to the bus stop at Neill Way and Cedarwood Street.
18. That the students living south of Burlwood Avenue, west of Fernwood Drive, north of Leland Way, east of 10th Avenue walk to the bus stop at Lakewood Drive east of Knowlwood Drive.
19. That the students living south of Fargo Avenue, west of Highway 43, north of Leland Way, east of Fernwood Drive walk to the bus stop at Fargo Avenue and 9 ¼ Avenue.
20. That the students living south of Leland Way, west of 9 ¼ Avenue, north of Grangeville Boulevard, east of 10th Avenue walk to the bus stop at Hamilton School.
21. That the students living south of Grangeville Boulevard, west of 10th Avenue, north of Seventh Street, west of Douty Street walk to the bus stop at Tenth Street and Brown Street.
22. That the student living south of Grangeville Boulevard, west of Beulah Street, north of Whitney Drive, east of 10th Avenue walk to the bus stop at John F. Kennedy Jr. High School.
23. That the students living south of Grangeville Boulevard, west of 9 ¼ Avenue, north of Lacey Boulevard, east of Whitney Drive walk to the bus stop at John F. Kennedy Jr. High School.
24. That the students living south of San Joaquin Railroad, west of Vista Avenue, north of Lacey Boulevard, east of Coast Avenue walk to the bus stop at Sierra Drive.
25. That the students living south of Florinda Street, west of Coast Avenue, north of Lacey Boulevard, east of 9 ¼ Avenue walk to the bus stop at Lacey Boulevard and Carolyn Avenue.
Jefferson School, Suggested Route to School, continued
26. That the students living south of Whitney Drive, west of Lassen Drive, north of Lacey Boulevard, east of 10th Avenue walk to the bus stop at Lacey Boulevard and Jessie Avenue.
27. That the students living south of Lacey Boulevard, west of 11th Avenue, north of Highway 198, east of 12th Avenue walk to the bus stop at Campus Drive and Sixth Street.
28. That the students living south of Seventh Street, west of 10th Avenue, north of Highway 198, east of Douty Street walk to the bus stop at 10th Avenue and Fifth Street.
29. That the students living south of Lacey Boulevard, west of 9 ¼ Avenue, north of San Joaquin Railroad, east of 10th Avenue walk to the bus stop at Lacey Boulevard and Wilson Lane.
30. That the students living south of San Joaquin Railroad, west of Wilson Lane, north of Highway 198, east of 10th Avenue walk to the bus stop at 10th Avenue and Fifth Street.
31. That the students living south and west of Bengston Avenue, north of Hanford-Armona Road, east of 12th Avenue walk to the bus stop at Hanford-Armona Road and Ogden Street.
32. That the students living south of Highway 198, west of 11th Avenue, north of Hanford- Armona Road, east of Bengston Avenue walk to the bus stop at Roosevelt School.
33. That the students living south of Highway 198, west of 10th Avenue, north of Hanford- Armona Road, east of Santa Fe Railroad walk to the bus stop at Harris Street and First Street.
34. That the students living south of Hanford-Armona Road, west of Butternut Drive, north of Hume Avenue, east of 13th Avenue walk to the bus stop at Hanford-Armona Road and Bengston Avenue.
35. That the students living south of Hanford-Armona Road, west of 11th Avenue, north of Houston Avenue, east of Butternut Drive walk to the stop at M.L.K. School.
36. That the students living south of Hanford-Armona Road, west of Santa Fe Railroad, north of Buena Vista Way, east of 11th Avenue walk to the bus stop at 11th Avenue and Thompson Drive.
37. That the students living south of Hanford-Armona Road, west of 10 ½ Avenue, north of Thompson Drive, east of Santa Fe Railroad walk to the bus stop at Hanford-Armona Road and 10 ½ Avenue.
Jefferson School, Suggested Route to School, continued
38. The students living south of Hanford-Armona Road, west of 10 ½ Avenue, north of Houston Avenue, east of Santa Fe Railroad walk to the bus stop at 10 ½ Avenue north of Houston Avenue.
39. That the student living south of Hanford-Armona Road, west of Fran Drive, north of Houston Avenue, east of 10 ½ Avenue walk to the stop at Hanford-Armona Road and Jordan Way.
40. That the students living south of Hanford-Armona Road, west of 10th Avenue, north of Camino Ramon, east of Fran Drive walk to the bus stop at 10th Avenue south of Hanford- Armona Road.
14.H.
AGENDA
STAFF REPORT
MEETING DATE: 9/19/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Suggested Routes to School plans for Frontier Elementary School, Pioneer Elementary School, and Pioneer Middle School for the upcoming 2023-2024 school year.
RECOMMENDATION:
That the City Council, by motion, approve the Suggested Routes to School plans for Frontier Elementary School, Pioneer Elementary School, and Pioneer Middle School for the upcoming 2023- 2024 school year.
BACKGROUND:
Pursuant to State of California regulations, City staff met with Pioneer School District staff to discuss plans and possible changes to the Suggested Routes to School plans for Pioneer Elementary, Frontier Elementary, and Pioneer Middle School for the upcoming 2022-2023 school year. These plans are required by the State of California for schools and are prepared by city staff and provided to Hanford Public School Districts, to educate students and parents of the suggested routes to schools, and to indicate to students the suggested ways to get from home to school and back home. The plans additionally show the locations of the designated school bus stops for the noted school year.
California’s Safe Route to Schools Grants are available to cities to apply for through the Active Transportation Program (ATP). These grants may be used for infrastructure construction projects which encourage and enable students from grades K-8 to safely walk and bike to school. The Suggested Routes to School Plans are a requirement for the ATP grant application. The city and schools both benefits from the preparation and approval of the Suggested Routes to School plans.
Pioneer Union School District staff provided the bus stop updates. For the upcoming 2023-2024 school year, boundaries will remain the same.
Attached are the maps and written descriptions for each school that describes the element of the plans.
At the August 24, 2023 Parking and Traffic Commission meeting, the commission voted to approve the Suggested Routes to School for Pioneer Elementary and Frontier Elementary Schools, and Pioneer Middle School Suggested Routes to School for the 2023-2024 school year.
Attached are the meeting minutes of the Parking and Traffic Commission meeting for review.
FISCAL IMPACT:
There is no fiscal impact from this project. City staff prepares and provides the plans to the school districts and the school districts copy and distribute the plans to the parents and students.
Additionally, the plans are used for applications to the ATP and other grants that benefit the City and the schools.
ATTACHMENTS:
1. 8.24.23 Parking and Traffic Comm minutes
2. Pioneer Union Elementary SRTS Maps
FRONTIER SCHOOL
S
uggested Route to School
The key elements of this plan are as follows:
1. That the students living south of Flint Avenue, west of Highway 43, north of Coronado Place, and east of Caronette Lane/Court walk to the bus stop at Mission Drive and Adobe Ct.
2. That the students living south of Coronado Place, west of 10th Avenue, north of Encore Drive, and east of Caronette Lane/Court walk to the bus stop at Fairmont Drive and Miramar Avenue.
3. That the students living south of Flint Avenue, west of Caronette Court, north of Sherwood Drive, and east of Douty Street walk to the school bus stop at Douty Street and Windsor Drive.
4. That the students living south of Sherwood Drive, west of Caronette Lane, north of Encore Drive, and east of Douty Street walk to the bus stop at Douty Street and Windsor Drive.
5. That the students living south of Encore Drive, west of 10th Avenue, north of Orange Street, and east of Caronette Lane walk to the bus stop at Encore Drive and Fairmont Drive.
6. That the students living south of Orange Street, west of 10th Avenue, north of Fargo Avenue and east of Caronette Lane walk to the bus stop at Fairmont Drive and Redwood Street.
7. That the students living south of Encore Drive, west of Caronette Lane, north of Fargo Avenue and east of Douty Street walk to the bus stop at Douty Street and Solar Drive.
8. That the students living south of Fargo Avenue, west of 12th Avenue, north of Sangiovese Street, east of Napa Drive walk to the bus stop at Fargo Avenue and Corvina Place.
9. That the students living south of Sangiovese Street, west of 12th Avenue, north of Mallard Way and east of Napa Drive walk to the bus stop at 12th Avenue and Muscat Place.
10. That the students living south of Mallard Way, west of Zinfandel Drive, north of Grangeville Boulevard, and east of Centennial Drive walk to Frontier School.
PIONEER SCHOOL
Suggested Route to School
The key elements of this plan are as follows:
1. That the students living south of Flint Avenue, west of Joshua Street, north of Millbrook Street and east of 11th Avenue walk to the bus stop at 11th Avenue and Pioneer Way.
2. That the students living south of Flint Avenue, west of Douty Street, north of Millbrook Street, and east of Joshua Street walk to the bus stop at the Northwest corner of Douty St. and Pioneer Way.
3. That the students south of Flint Avenue, west of Peoples Ditch, north of Summer Street and east of BN & SF Railroad walk to the bus stop on the east side of Glacier Way at the park.
4. That the students living south of Millbrook Street, west of Peoples Ditch, north of Julia Way, and east of BN & SF Railroad tracks walk to the bus stop at Glacier Way and Saffron Street.
5. That the students living south of Furlong Drive, west of 11th Avenue, north of Julia Way and east of Peoples Ditch walk to the bus stop at Saffron Street and Fountain P laza Drive.
6. That the students living south of Millbrook Street, west of Aspen Street, north of Cinnamon Avenue and east of 11th Avenue walk to the bus stop at Saffron Street and Tarragon Avenue.
7. That the students living south of Pioneer Middle School, west of Douty Street, north of Sherwood Drive, and east of Aspen Street walk to the bus stop at Douty Street and Fareway Avenue.
8. That the students living south of Julia Way, west of Peoples Ditch, north of Sandstone Drive and east of BN & SF Railroad tracks walk to the bus stop at Glacier Way and Pepper Drive.
9. That the students living south of Julia Way, west of 11th Avenue, north of Sandstone Court and east of Peoples Ditch walk to the bus stop at Pepper Drive and Fountain Plaza Drive.
10. That the students living south of Cinnamon Avenue, west of Aspen Street, north of Pepper Drive and east of 11th Avenue walk to the bus stop at Windsor Drive and Fir Street.
11. That the students living south of Sherwood Drive, west of Douty Street, north of Fargo Avenue, and east of Aspen Drive walk to the bus stop at Douty Street and Encore Drive.
12. That the students living south of Sandstone Drive, west of Peoples Ditch, north of Fargo Avenue and east of BN & SF Railroad tracks walk to the bus stop at Northstar Drive and Glacier Way.
Pioneer School, Suggested Route to School, continued
13. That the students living south of Sandstone Court, west of 11th Avenue, north of Fargo Avenue and east of Peoples Ditch walk to the bus stop at Northstar Drive and Fountain Plaza Drive.
14. That the students living south of Pepper Drive, west of Aspen Street, north of Fargo Avenue and east of 11th Avenue walk to the bus stop on Northstar Drive between 11th Avenue and Aspen Street.
PIONEER MIDDLE SCHOOL
Suggested Route to School
The key elements of this plan are as follows:
1. That the students living south of Flint Avenue, west of 10th Avenue, north of Fargo Avenue and east of Douty Street walk to Pioneer Middle School using the Douty Street/Fairway Avenue intersection crosswalk.
2. That the students living south of Flint Avenue, west of Douty Street, north of Fargo Avenue, and east of 11th Avenue walk to Pioneer Middle School.
3. That the students living south of Flint Avenue, west of 11th Avenue, north of Julia Way and east of BN & SF Railroad tracks walk to the bus stop at Saffron Street west of Peoples Ditch.
4. That the students living south of Julia Way, west of 11th Avenue, north of Sandstone Drive and east of BN&SF Railroad tracks walk to the bus stop at Pepper Drive west of Peoples Ditch.
5. That the students living south of Sandstone Drive, west of 11th Avenue, north of Fargo Avenue and east of BN&SF Railroad tracks walk to the bus stop at North Star Drive west of Peoples Ditch.
6. That the students living south of Fargo Avenue, west of 12th Avenue, north of Mallard Way and east of Napa Drive walk to the bus stop at 12th Avenue north of Sangiovese Street.
7. That the students living south of Mallard Way, west of Zinfandel Drive and north of Grangeville Boulevard, east of Vintage Place walk to the bus stop at east side of vintage Place south of Bristol Lane.
8. That the students living south of Fargo Avenue, east of Centennial Drive, north of Mallard Way, and east of Centennial Drive walk to the bus stop at west side of Centennial Drive south of Sangiovese Street.
9. That the students living south of Mallard Way, west of Vintage Avenue, north of Grangeville Boulevard and east of Centennial Drive walk to the bus stop at west side of Vintage Avenue south of Bristol Lane.
10. That the students living south of Fargo Avenue, west of Centennial Drive, north of Vineyard Court and east of Jules Street walk to the bus stop at west side of Centennial Drive at south of Dali Way.
11. That the students living south of Vineyard Place, west of Centennial Drive, north of Devon Street and east of Jules Street walk to the bus stop at the west side of Centennial Drive north of Muscat Place.
12. That the students living south of Devon Street, west of Centennial Drive, north of Berkshire Lane and east of Mustang Drive walk to the bus stop at west side of Centennial Drive north
of Bristol Lane.
13. That the students living south of Fargo Avenue, west of Jules Street, north of Devon Street and east of 13th Avenues walk to the bus stop at north side of Devon Street west of Sherman Street.
14. That the students living south of Devon Street, west of Mustang Drive, north of Stagecoach Drive and east of 13th Avenue walk to the bus stop at west side of Mustang Drive south of Heather Lane.
15. That the students living south of Stagecoach Drive, west of Mustang Drive, north of Grangeville Boulevard and east of 13th Avenues walk to the bus stop at west side of Mustang Drive south of Shelby Lane.
14.I.
AGENDA
STAFF REPORT
MEETING DATE: 9/19/2023 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the acceptance of an award from the 2022 State Homeland Security Grant Program (SHSGP) funding, in the amount of $49,115 for the Hanford Fire Department; Appropriation and Authorization to utilize the funding to purchase Unmanned Aircraft (Drones) and Incident Command Training.
RECOMMENDATION:
Recommendation: That City Council, by motion, 1) Approve the acceptance of the Homeland Security Grant funding in the amount of $49,115, which will be reimbursed after expenditures; and 2) Appropriate funding in the Fire Department budget and authorize purchase of two unmanned Aircraft (Drones) not to exceed $26,700 and Unified Incident Command Training, not to exceed $22,415.
Recommended Motion: I move to 1) Accept Homeland Security Grant funding in the amount of $49,115, which will be reimbursed after expenditures; and 2) Appropriate funding in the Fire Department budget and authorize to purchase unmanned Aircraft (Drones), not to exceed $26,700 and Mastering Unified Incident Command Training, not to exceed $22,415.
BACKGROUND:
The Hanford Fire Department was awarded funding through the 2020 State Homeland Security Grant Program (SGSGP) in the amount of $49,115 to replace Fire Department unmanned aircraft and to provide interoperability training for Unified Incident Command. Our current drone is over 5 years old and does not have the ability to geo-locate addresses. It is important to accommodate this portion of our social-host ordinance related to illegal fireworks. Additional technologies in the camera provide heat sourcing and improved picture quality when recording incidents. Both drones and ancillary equipment are not to exceed $26,700. Unified Incident Command is critical during large incidents where multiple agencies have jurisdictional responsibilities. Examples of such incidents include train derailments, active shooters, and hazardous material release. The training is open to all fire and law agencies in Kings County with Hanford as host agency for the training. These trainings are critical toward maintaining interoperability between operational area cooperators. The costs of replacing drones and bringing in specialized training have made both programs out of reach in our current budget situation and therefore were not originally requested in this budget cycle. There were limited requests during this grant cycle which opened the door to seeking greater opportunities ordinarily unavailable due to the sharing of funds between agencies. Grants, such as the SHSGP, allow us to maintain current programs while advancing services for our customers.
FISCAL IMPACT:
This grant will require the appropriation of $49,115 from the General Fund to cover the purchase of the unmanned aircraft with the full cost for this project to be reimbursed by the State Homeland Security Grant Program (SHSGP) for $49,115. If approved, an appropriation of $49,115 will be made in the Fire Department budget for the approved expenditures.
ATTACHMENTS:
1. 2023.09.12 HSGP-22 HFD Agreement
1 Agreement No.
Agreement between the County of Kings and the City of Hanford to provide a sub- award from the FY 2022 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises
THIS AGREEMENT is entered into by and between the County of Kings (“County”) and the City of Hanford (“Sub-recipient”), referred to individually herein as “Party” or collectively as “Parties,” on the following terms and conditions:
WHEREAS, the Fiscal Year 2022 (FY 2022) California State Homeland Security Grant Program (SHSGP) provides funding through Federal grants from the Department of Homeland Security (“DHS”) to enhance the capabilities of state and local first responders by all owing the purchase of advanced types of equipment, as well as addressing other critical homeland security needs, including administration, planning, training, and exercise-related costs; and
WHEREAS, County applied to the California Governor’s Office of Emergency Services (“CalOES”) for a FY 2022 SHSGP grant; and
WHEREAS, as part of its grant application, County requested sufficient funds to support certain activities or programs planned by Sub -recipient that may be eligible for SHSGP grant funds; and
WHEREAS, the County was awarded FY 2022 SHSGP grant funding; and
WHEREAS, the County, upon recommendation of the Local Approval Authority (“LAA”), as comprised of the Sheriff, the County Fire Chief, the County Public Health Director, a municipal law enforcement representative, and a municipal fire department representative, as described in the SHSGP Guidelines, allocated some of this funding to support Sub-recipient’s eligible programs or activities.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the County and Sub - recipient hereby agree as follows:
1. GRANT SUBAWARD . Subject to the terms, conditions, and other limitations specified herein, the County intends to award to Sub -recipient a portion of its FY 2022 SHSGP Grant for the following program and/or activity:
Department/Agency: Hanford Fire Department
Program/Activity: Proj. 001 Unmanned Aircrafts (Drones) and Proj. 002 Training (National Catalog # CA-031-RESP Mastering Command – From Hometown to Homeland)
Details about the specific program or activity authorized, the amounts allocated to the specified program or activity, and the anticipated performance and disbursement timelines shall be confirmed by subsequent award letter from the County (“Award Letter”) in accordance with this Agreement.
2 Sub-recipient agrees not to expend any anticipated FY 2022 SHSGP grant funds until it has received an Award Letter authorizing the specific activity or program, and confirmed the award amount.
Unless Sub-recipient notifies the County before it begins spending the funds authorized in the Award Letter that it declines some or all of the program, activity, and/or funds outlined therein, Sub-recipient will be deemed to have accepted all of the terms and conditions specified in the Award Letter, including any attachments or exhibits there to.
The County reserves the exclusive right to determine the method and timing of disbursement of SHSGP funds to Sub -recipient. The County further reserves the right to issue revised Award Letters to modify Sub -recipient’s authorized program, activity, award amounts, and/or performance periods in accordance with the recommendations of the LAA, the changing needs of Sub -recipient, a nd/or the likelihood of Sub -recipient expending its award. Such modifications will only be made after consultation with Sub-recipient and in accordance with the recommendations of the LAA.
2. PERFORMANCE PERIOD. The Performance Period for all activities covered by the terms of this Agreement shall be from September 1, 2022, to May 31, 2025, unless otherwise terminated pursuant to the terms of this Agreement or set forth in the Performance Letter. Only activities performed during the Performance Period are eligible for funding and/or reimbursement under this Agreement.
3. GRANT REQUIREMENTS AND ASSURANCES . Sub-recipient understands and agrees that by accepting grant funds under this Agreement, it must comply with all requirements, assurances, standards, and certifications as required under the County’s agreement with CalOES, attached hereto as Exhibit A, and incorporated herein by reference as if set forth in full. Sub- recipient further understands and agrees that it shall comply with any and all applicable statutes, regulations, guidelines, or restrictions as imposed by DHS or CalOES. Finally, Sub -recipient understands and agrees that by accepting fun ds under this Agreement, it shall be bound to the assurances, agreements, covenants, and requirements set forth in the County’s agreement with CalOES to the same extent as the County.
4. DESIGNATED COUNTY AUTHORIZED AGENT. Only those individuals designated by resolution of the Kings County Board of Supervisors as Authorized Agents for FY 2022 SHSGP (“County Authorized Agents”) are authorized to sign Award Letters on behalf of the County, or to suspend performance as set forth herein. All other notices from the County may come from other County personnel.
5. PROOF OF SUBRECIPIENT AUTHORITY. Sub-recipient must provide proof to the County of written authorization of this project, in the form of a resolution, or some other format specifically authorized by the County, from its city council, governing board, or other governing body. This written authorization must specify Sub-recipient:
(a) Will provide all matching funds required for the grant project and appropriate any cash match as required;
3 (b) Will assume any liability arising out of Sub-recipient’s performance of this Agreement;
(c) Will not use grant funds to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) Has authorized the official executing this Agreement to do so.
6. DISALLOWANCE AND OFFSET; REDUCATION, MODIFICATION, OR ELIMINATION OF GRANT FUNDING. If Sub-recipient requests or receives payment from the County for programs, activities, or equipment under this Agreement and the reimbursement is later disallowed by the State of California or the United States Government, Sub -recipient understands and agrees that it shall promptly refund the disallowed amount to the County upon the County’s request. The County may elect, at its sole option, and to the fullest extent permitted by law, to satisfy the disallowed amount owed from any payment due or to become due to Sub - recipient under this Agreement.
If the County’s FY 2022 SHSGP grant funding is reduced, modified, or eliminated for any reason, the County reserves the right to reduce, modify, or eliminate any or all of this FY 2022 SHSGP grant sub-award to Sub -recipient. Sub-recipient agrees to promptly return any amounts requested by the County in accordance with this provision. At its sole option, the County may choose to satisfy the amount to be returned by reducing the amount due to Sub- recipient from any payment due or to become due under this Agreement.
7. MONITORING AND REPORTS . Sub-recipient is responsible for oversight of the operations of its FY 2022 SHSGP grant supported activities. Sub -recipient must monitor its activities to ensure compliance with applicable Federal requirements as set forth in Exhibit A.
Sub-recipient agrees to provide ongoing performance and financial reports regarding any and all of its programs and activities funded with FY 2022 SHSGP grant funding. At a minimum, these reports will be due on a semi-annual basis, but the County reserves the right to request more frequent reporting. Within 90 days of completion or termination of this Agreement, Sub- recipient is also expected to provide a final performance report and a final expenditure report in a format acceptable to the County, the State, and the Federal government. Sub-recipients will be notified of any additional required reports by separate Award Letter or notice from the County.
8. MANDATORY DISCLOSURES. Pursuant to 2 CFR section 200.113, Sub-recipient must disclose, in a timely manner, and in writing to the County and DHS, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this sub- award.
Pursuant to the terms and conditions outlined in Appendix XII to 2 CFR Part 200 (“Award Term and Condition for Recipient Integrity and Performance Matters”), Sub -recipient also may be required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR section 200.338, “Remedies for noncompliance,” including suspension or debarment.
9. INSURANCE. Sub-recipient certifies it is insured or self-insured for general liability
4 exposures with limits of no less than $1 million per occurrence. Sub-recipient certifies it is insured or self-insured for workers’ compensation and maintains statutory limits. Sub-recipient agrees that coverage limits specified within the Agreement will not be used to reduce limits of coverage from Sub-recipient’s full policy limits. Insurance Poli cies will not be used to limit liability or to limit the indemnification provisions and requirements of this Agreement or act in any way to reduce available coverage and limits from the insurer. Failure to maintain or renew coverage may be a material breach of this Agreement.
10. LIABILITY OF COUNTY. The County’s payment obligations to Sub -recipient for FY 2022 SHSGP funds are limited by all provisions and other requirements specified in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall the County be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, equipment purc hased, or activities performed in connection with this Agreement.
11. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE. Each Party shall hold harmless, defend, and indemnify the other Party, its agents, officials, officers, and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including injury to any person and/or damage to property arising out of or relating to the Party’s acts or omissions under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
12. TERMINATION
(a) Without Cause (For Convenience) : Sub-recipient may terminate this Agreement for convenience by giving thirty (30) days prior written notice to the other Party of its intention to terminate pursuant to this provision, specifying the date of termination. After receiving a notice of termination for convenience from Sub -recipient, and prior to the effective date of termination, the County may, in its sole discretion, continue to disburse grant funding to Sub -recipient for the programs or activities permitted under this Agreement and specified in the effect ive Award Letter(s); however, the County specifically reserves the right to cancel or modify some of the programs or activities specified in the Award Letter if it seems unlikely Sub -recipient will complete its work before the termination of the contract. Any funding disbursed to Sub-recipient but not yet spent at the time the Agreement is terminated must be returned to the County. All such disbursements continue to be subject to the restrictions otherwise provided in this Agreement or by law.
The Parties will not impose sanctions on each other for a termination for convenience.
(b) With Cause: Either party may terminate this Agreement immediately by written notice to the other Party upon discovery of a material breach by the other Party. A material breach includes, but is not limited to: (i) failure to comply with the terms and conditions of this Agreement or of any Award Letter(s); (ii) a material misrepresentation in relation to this grant program; or (iii) failure to comply with all app licable laws or regulations. The Party seeking to terminate this Agreement will provide written n otice of the material breach and its determination to either suspend or terminate this Agreement to the other Party with a specified date of
5 termination. At a Party’s discretion, it may provide the breaching Party with a reasonable period of time to cure the breach. If the County terminates this Agreement for cause, the County reserves the right to reduce, modify, or eliminate any or all of this sub -award and any other outstanding SHSGP sub -awards to Sub -recipient. Upon demand by the County, Sub -recipient agrees to immediately return FY 2022 SHSGP funding that has been disbursed to Sub -recipient and which remains in Sub -recipient’s possession at the time this Agree ment is terminated. In addition, the payment of any grant funds that have yet to be disbursed for work already completed by Sub- recipient under this Agreement remains subject to the restrictions on payments otherwise provided in this Agreement and by law, and is further conditioned on the County’s confirmation of Sub - recipient’s satisfactory completion of the activities or programs specified in this Agreement and any related Award Letter(s).
The County will not pay lost anticipated profits or other economic loss, nor will the County pay compensation or make reimbursement to cure any breach arising out of or resulting from such termination for cause. If this Agreement is terminated for cause, the County may impose sanctions, including possible rejection of future proposals based on specific causes of non -performance.
Furthermore, if this Agreement is terminated for Sub-recipient’s failure to comply with applicable federal statutes or regulations , including, but not limited to, those specifically incorporated into this Agreement by reference, Sub-recipient is advised that the County’s termination decision may be considered in evaluating future applications for federal grant awards. (c) Effects of Completion or Termination: Expiration, completion, or termination of this Agreement shall not terminate the Parties’ obligations to indemnify, defend, or hold harmless.
Further, it shall not effect Sub -recipient’s duty to maintain and make available any records pertaining to the A greement; to cooperate with any audit; to be subject to offset; to make any reports of pre -termination contract activities; to honor its obligations related to the disposal or disposition of property purchased with SHSGP funding; to comply with the continuing obligations contained in Exhibit A; or to comply with any other continuing or closeout obligations required by this Agreement or by federal or state law or regulation, including those specified in 2 CFR Part 200. Where Sub-recipient’s activities or programs have been terminated by the County for cause, said termination will not affect any rights of the County to recover damages from or against Sub - recipient.
(d) Suspension of Performance: Independent of any right to terminate this Agreement, the County’s Authorized Agent may immediately suspend performance by Sub-recipient, in whole or in part, in response to health, safety, or financial emergency, a change in SHSGP grant funding to the C ounty, or a failure or refusal by Sub -recipient to comply with the provisions of this Agreement, until such time as the cause for suspension is resolved or a notice of termination becomes effective.
13. RECORDS. Sub-recipient shall maintain complete and accurate records with respect to the activities, programs, and/or purchases funded by or related to FY 2022 SHSGP funding and/or this Agreement, including all records relating to procurement of goods and services. In addition, Sub-recipient shall maintain complete and accurate records with respect to any payments to employees, sub-sub-awardees, contractors, or subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures and any applicable procedures required by the County or the Federal or State government. All applicable records
6 shall be clearly identified, maintained on site, and be kept readily accessible.
Sub-recipient further agrees to make all such records available to Federal, State, and County representatives, as further specified in Exhibit A. Sub-recipient shall ensure that members of the public also have access to such records upon request in accordance with the Freedom of Information Act and the California Public Records Act. Sub-recipient specifically agrees to require any sub -sub-recipients, contractors, successors, trans ferees, and assignees to acknowledge and agree to comply with all of these record keeping and access requirements.
Failure to comply with these requirements may result in suspension of payments under the grant, termination of the grant, or both. Sub -recipient may be ineligible for award of any future grants if the County or Cal OES determines that any of the following has occurred: (1) the recipient has made a false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
14. NOTICES. Except as may be otherwise required by law, any notice to be given must be in writing and be either personally delivered, sent by electronic means, or sent by first class mail, postage prepaid and addressed as follows:
COUNTY: With a Copy To:
Chief William Lynch
County Fire Chief
Kings County Fire Department/
Office of Emergency Management
280 Campus Drive
Hanford, CA 93230
Phone No.: (559) 852-2883
Fax No.: (559) 582-8261
County Administrative Officer
1400 W. Lacey Blvd.
Hanford, CA 93230
Phone No.: (559) 852-2378
Fax No.: (559) 582- 8261
SUBRECIPIENT:
Hanford Fire Department
Fire Chief
Steve Pendergrass
350 W. Grangeville Blvd.
Hanford, CA 93230
Phone No.: (559) 585-2545
Notice personally delivered is effective when delivered. Notice sent by electronic means is deemed to be received upon acknowledgement of receipt. Notice sent by first class mail shall be deemed received on the third (3rd) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.
15. CONFLICTS WITH LAWS OR REGULATIONS/SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject matter, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the
7 Agreement to either party is lost, the Agreement may be terminated at the option of the affected party, and some or all of the grant money may need to be returned to the County. Such a termination will be treated as a termination for cause, as set forth herein. In all other cases, the remainder of the Agreement shall remain in full force and effect.
16. MODIFICATION. No part of this Agreement may be modified without the written consent of both Parties.
17. EXHIBITS AND RECITALS . The Recitals and the Exhibit to this Agreement are fully incorporated into and are integral parts of this Agreement.
18. GOVERNING LAW. This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The Parties agree that this contract is made in and shall be performed in Kings County, California, and that venue for any dispute arising from this Agreement shall be proper in Kings County, notwithstanding Code of Civil Procedure Section 394.
19. FURTHER ASSURANCES. Each Party will execute any additional documents and perform any further acts which may be reasonably required to effectuate the purposes of this Agreement.
20. NO THIRD-PARTY BENEFICIARIES. Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
21. CONTINUING WAIVER. The failure of either Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, notwithstanding the passage of time and whether for that breach or any subsequent breach. The acceptance by either Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other Party.
22. INTERPRETATION. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning, or intent of the provisions under the headings.
This Agreement shall not be construed against the drafting party.
23. ORDER OF PRECEDENCE. In the event of any conflict or inconsistency between the Agreement and any Award Letter or other communication between the County and Sub - recipient, the terms of this Agreement shall prevail.
24. ASSIGNMENT. This Agreement is entered into by the County in reliance on the identity and representations made by Sub -recipient, and no part of this Agreement or this sub - award (including any equipment purchased with the sub -award) may be assigned, transferred, or sold by Sub -recipient without the prior written consent of the County, which the County may provide, delay, deny, or condition in its absolute discretion. Any FY 2022 SHSGP funds provided to Sub-recipient and not yet expended at the time of any attempted unauthorized assignment or transfer will be forfeited to the County at the time of attempted assignment or transfer.
Furthermore, the voluntary or involuntary assignment of this Agreement to a receiver or
8 trustee in bankruptcy, will constitute a material breach and will automatically terminate this Agreement without advance notice or opportunity to cure.
25. COMPLIANCE WITH LAWS. Sub-recipient shall comply with all applicable laws, ordinances, rules, and regulations and obtain and keep current all permits, licenses and/or approvals required by law to perform the activities or services, or to purchase any equipment, specified in this Agreement.
26. CONFLICT OF INTEREST. Sub-recipient agrees to comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. Sub-recipient further agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interest laws, it will immediately inform the County designated representative and provide all information needed for resolution of this question.
27. EXECUTION & ELECTRONIC COPIES. The Parties may sign this Agreement in counterparts, each of which is an original and all of which, taken together, form a single document.
This Agreement may be executed electronically, and an electronic copy or other facsimile of this Agreement shall be treated as an original.
28. CERTIFICATION AND ACKNOWLEDGEMENT: The undersigned represents that he/she is authorized to enter into this Agreement for and on behalf of the Sub -recipient. As the duly authorized representative of the Sub -recipient, the undersigned hereby certifies that the Sub-recipient has the legal authority to apply for County, State, and Federal assistance and the institutional, managerial and financial capability, inclu ding funds sufficient to pay any non - Federal share of project cost, to ensure proper planning, management and completion of the project described in the FY 2022 SHSGP application, within the prescribed timelines.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
9 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year signed by the last Party below.
SUBRECIPIENT
By:
[Title]
Date:
ATTEST:
By:
Approved as to form:
By:
COUNTY OF Kings
By:
Richard Valle, Chairman,
Board of Supervisors
Date:
ATTEST:
Clerk of the Board of Supervisors
By:
Catherine Venturella
Approved as to form:
Diane Freeman, County Counsel
By:
Attachment(s): Exhibit A, CalOES Standard Assurances for FY 2022
10 EXHIBIT A
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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/.
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 authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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) 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 principal 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 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 (2)(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:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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. §§ 12101- 12213), which prohibits discriminationon 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 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;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) 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, 12945, 12945.2), 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.
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;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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.);
(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 § 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 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 al.) 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;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 section 6250 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 U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 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 U.S. 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 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 U.S. 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.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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.
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:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. 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 another waiver is requested and approved.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 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 the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, 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:
15.A.
AGENDA
STAFF REPORT
MEETING DATE: 9/19/2023 AGENDA SECTION: PUBLIC HEARING
SUBJECT:
Public hearing to consider any comments received regarding the 2022-23 CDBG Consolidated Annual Performance and Evaluation Report (CAPER) and Approval of the submittal of the Program Year 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report.
RECOMMENDATION:
Recommendation: Staff recommends that the City Council:
1. Conduct a public hearing and consider any comments received.
2. Approve submitting the Program Year 2022 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report.
BACKGROUND:
The Consolidated Annual Performance and Evaluation Report (CAPER) is required of all jurisdictions that receive CDBG entitlement funds from the U.S. Department of Housing and Urban Development (HUD).
2022 CAPER REPORT
The report outlines the progress made using CDBG funds during the Program Year (PY) from July 1, 2022, through June 30, 2023. During the year, the City spent $801,555.03 in CDBG funds.
The Consolidated Annual Performance and Evaluation Report is comprised of the following components:
Narrative: The narrative describes activities undertaken during the 2022/23 fiscal year. The City's activities are evaluated for their consistency with the Annual Plan and the five-year strategies and priorities adopted by the City in the Consolidated Plan.
Summary of Specific Annual Goals and Objectives: The Summary of Specific Annual Goals and Objectives provides each program activity's budgeted amounts, expenditure amounts, and program outcomes. (See Attachment A-1, Table 1- Accomplishment)
The CAPER includes a Narrative, Financial Summary, and Summary of Annual Goals and Objectives. Most of the CAPER, except the narrative, is generated by HUD's computer mainframe system, IDIS (Integrated Disbursement and Information System). Throughout the year, staff enters
data into the system to track expenditures and activity progress.
HUD requires entitlement communities receiving CDBG funds to annually review and publicly report on the progress made in carrying out its Action Plan.
As HUD regulations and the Citizen Participation Plan (CPP) required, staff obtained citizen participation for the CAPER by publishing a bilingual public notice of a public review period and public hearing. Public Review and Comment: Draft copies of the proposed CAPER were made available for a 15-day review period from September 1, 2023, to September 18, 2023. As of this report's preparation date, no comments have been received.
FISCAL IMPACT:
Failure to approve and submit the plans to HUD will result in the City not receiving its HUD allocations.
ATTACHMENTS:
1. CAPER 22 City of Hanford DRAFT
16.A.
AGENDA
STAFF REPORT
MEETING DATE: 9/19/2023 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Approval of a two-year contract, with three one year options for a total of five (5) years, with Sweeping Corporation of America (Visalia, CA) in the amount of $632,660.07 and approve designating four City owned street sweepers as surplus and authorizing their sale.
RECOMMENDATION:
Recommendation: That the City Council, by motion, approve a two-year contract, with three one-year options, to Sweeping Corporation of America, from Visalia, CA for the amount of $632,660.07 and sale of four City-owned street sweepers.
Recommended Motion: I move to approve and authorize the City Manager to execute the sweeping contract with Sweeping Corporation of America for the amount of $632,660.07 and approve declaration of surplus and sale of four City-owned street sweepers.
BACKGROUND:
Historically, the City of Hanford operated with three full-time sweepers and a relief sweeper that would assist with vacations and sick days, along with sweeping the Industrial Park, Airport and center medians two days a week. In 2020, the need to reorganize the street sweeping routes had become evident, due to the growth of Hanford. City staff found that in order to ensure completion of daily routes, the relief sweeper would transition to a full-time, 5 day a week sweeper, eliminating the relief sweeper position and the ability to cover for time off. Since August of 2020, staff has not had the ability to cover days off, thus leaving the routes incomplete. Also, during this time, the ability to obtain parts for repairs has become very lengthy, causing substantial delays in repairs and leaving routes incomplete, sometimes for weeks at a time. Currently, we are operating with only three full- time sweepers due to the overnight sweeper accepting another position within the City. This has caused delays in service as we have been alternating the overnight shift between the three current sweepers, thus leaving one route not swept every day.
The City of Hanford currently operates on a weekly sweeping schedule. After research into other municipalities, it has come to light that Hanford is the only city of its size that maintains a weekly level of service. Delano, Mcfarland, Wasco, Clovis, Merced and Kingsburg all sweep on a bi-weekly basis; Bakersfield, Visalia, Fresno, Selma and Porterville all sweep on a monthly basis. Staff believes that in order to maintain the weekly sweeping schedule, routes will need to be redrawn and additional staff will need to be hired to assure the completion of routes on a daily basis, increasing the total cost to the City, which is already almost $900k per year.
City staff has met with the employee bargaining group, SEIU, twice and had discussions covering the
creation of a sweeping contract and have ensured SEIU and the affected employees that all current sweepers will be absorbed into other divisions and that none of the existing sweepers will be laid off during this process.
On May 30, 2023, a Request for Bid (RFB) was requested, due July 14, 2023. This bid is subject to state prevailing wages. Sweeping Corporation of America (SCA) of Visalia CA was the only bidder.
Sweeping Corporation of America bid was $632,660.07 for bi-weekly sweeping on all city streets and three times a week for the downtown area.
FISCAL IMPACT:
The fiscal year 2023/2024 budget for city provided street sweeping is $710,537. Approving a contract with SCA of $632,660 would reduce costs to the City by $77,877 annually, leaving a net budget gain to the City (Street Sweeping Division 20320000). Savings could even be more depending on the costs of fleet maintenance. For example, in fiscal year 2021/2022 the costs of the division were $897,000.
By contracting these services, the City will be controlling costs to refuse (solid waste) rate payers.
Furthermore, should the City choose, further reduction to costs could be managed with changes or reductions to service days.
ATTACHMENTS:
1. SCA Contract Proposal
2. RFP 2023-13
3. Sweeper
Street Sweeping Presentation
Street Sweeping History
• Previously the Street Sweeping staff consisted of three full time sweepers and one relief sweeper that would cover for vacations and sick days, plus sweep the airport and Industrial Park on a weekly basis.
• As the City has grown the relief sweeper became a full-time sweeping position with a daily dedicated route, eliminating the ability to cover for vacations and sick days. • Since the addition of the fourth sweeper, routes go uncovered when employees take time off work.
• Due to mechanical issues, long delays in parts and a lack of coverage, the City has had several routes go unswept, sometime for weeks.
• Currently we are short one sweeper operator and the remaining staff is alternating daily coverage in the downtown area, effectively leaving their traditional route unswept for a two- week period.
• Earlier this year an RFP was issued for outsourcing sweeping duties. • Sweeping Corporation of America, from Visalia CA, was the only bidder at closing.
Agency Street Sweeping Schedules
• Weekly Sweeping
• Hanford
• Bi-Weekly Sweeping
• Clovis
• Merced
• Kingsburg
• Tulare
• Delano
• Monthly Sweeping
• Fresno
• Bakersfield
• Visalia
• Porterville
City of Hanford Street Sweeping Costs FY 21/22
Included Costs
• Labor
• Fuel
• Repairs
• Parts
• Reserves
• Total Cost FY 21/22 $897,000
SCA Bid Proposal
• Bi-Weekly on all City streets
• Three times a week in the downtown area
• Quarterly in all City parking lots
• Monthly sweeping of Corp. yard
• Monthly alley sweeping
• Haul off and disposal of current sweeper dump pile
• Disposal of incoming sweeper dumps
• $632,660.07
Advantages of Outsourcing
• Net cost savings to the City of $77,877
• With the City’s growth additional routes will need to be added and additional employees to service those routes, contract would allow for those services to grow at no additional costs to the City
• Fleet Services will have additional time to perform needed repairs on other equipment • SCA will purchase existing sweepers from the City of Hanford, price TBD • City will keep one sweeper in the fleet for emergency issues and special projects
Council Future Agenda Items
Originated
Date Item Originator Staff Lead Date Estimate
5/16/2023 Municipal Code Amendments to the
Cannabis Tax Structure for non-retail
businesses and the Application Process
Council
Direction
Jason Waters 10/3/2023
7/18/2023 Council review of a proposed policy
regarding the guidelines for
Community Facility Districts for all
future subdivisions
Council
Consensus
Various Staff 10/3/2023
8/15/2023 Presentation to Council and review of
measures that the City can take to
improve the City’s financial position
Council
Consensus
Various Staff 10/17/2023
8/15/2023 Municipal Code Amendments to
modify the chapter related to murals
and consider and adopt a policy to
approve murals at the administrative
level
Council
Direction
Jason Waters 10/17/2023