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Home My WebLink About11-15-2017 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 7 SARATOGA CITY COUNCIL REGULAR MEETING NOVEMBER 15, 2017 4:30 P.M. STUDY SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 AGENDA ITEMS: Request for Reinstatement to Youth Commission Recommended Action: Staff is requesting Council's consideration and direction. Staff Report Attachment A - City Council Resolution 16-063 Attachment B - Letter from Holly Cunningham 4:45 P.M. COMMISSION INTERVIEWS Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 INTERVIEWS: TIME NAME COMMISSION TERM INCUMBENT 4:45 p.m. Barry Rodenberg Heritage Preservation 2 Terms (1/1/18 - 12/31/21) No 4:50 p.m. Annette Stransky Heritage Preservation 2 Terms (1/1/18 - 12/31/21) Yes 5:00 p.m. Belal Aftab Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) No 5:05 p.m. Ron Jones Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) No 5:10 p.m. Mitch Kane Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) Yes 5:15 p.m. Nancy Kirk Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) No 5:20 p.m. David McIntyre Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) Yes 5:25 p.m. Phyllis Tung Traffic Safety 2 Terms (1/1/18 -12/31/21) 1 Unexpired Term (1/1/18 -12/31/18 Or 12/31/22) No Saratoga City Council Agenda – Page 2 of 7 STUDY SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 City Council Norms Seating Arrangement. 6:00 P.M. JOINT MEETING Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Meeting with Assembly Member Evan Low Discussion Topics 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on November 9, 2017. REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendation for Mary Ellen Fox and Mike Fox, Sr. Recommended Action: Present the commendation to Mary Ellen Fox and Mike Fox, Sr. Staff Report Attachment A: Commendation for Mary Ellen and Mike Fox, Sr. Saratoga City Council Agenda – Page 3 of 7 Commendation for 50th Anniversary of the Valle Monte League’s Christmas Tree Elegance Recommended Action: Present the commendation to representatives of the Valle Monte League. Staff Report Attachment A – Commendation for 50th Anniversary of the Valle Monte League’s Christmas Tree Elegance Certificate for House Family Vineyards Recommended Action: Present the certificate to David House of House Family Vineyards. Staff Report Attachment A – Certificate for House Family Vineyards Certificates for Saratoga Award-Winning Businesses Recommended Action: Present the certificates to the award-winning businesses of Saratoga. Staff Report Commendation for John Ku Recommended Action: Present the commendation to John Ku. Staff Report Attachment A – Commendation for John Ku 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on November 1, 2017. Staff Report Attachment A – Minutes for the Regular City Council Meeting on November 1, 2017 Saratoga City Council Agenda – Page 4 of 7 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/31/2017 Period 4; and 11/07/2017 Period 5. Staff Report Check Register - 10-31-2017 Period 4 Check Register - 11-07-2017 Period 5 1.3. Treasurer’s Report for the Month Ended September 30, 2017 Recommended Action: Review and accept the amended Treasurer’s Report for the month ended September 30, 2017. Staff Report 1.4. Memorandum of Understanding with Santa Clara County Accepting FEMA Hazard Mitigation Performance Grant Funding Recommended Action: Adopt a Resolution approving a MOU accepting FEMA Hazard Mitigation Performance Grant funding for up to $50,859 Staff Report A - EMPG MOU FOR 2017 B - Notification of Application Approval C - EMPG Match Guidance 2017 D - Draft Resolution 2017- 1.5. Resolution to adopt a list of projects funded by SB 1: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. Recommended Action: Adopt Resolution to adopt a list of projects funded by SB 1: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. Staff Report Attachment A - Resolution 2. PUBLIC HEARING None Saratoga City Council Agenda – Page 5 of 7 3. GENERAL BUSINESS 3.1. Youth Commission Fundraising Plan Recommended Action: Approve the Youth Commission to Fundraising Fund to collect donations and seek sponsorship of various Youth Commission events and activities. Staff Report Attachment A – Youth Commission Fundraising Plan Attachment B – Plan and List of Youth Commission Events Attachment C – Donation Policy COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Public Art Committee Santa Clara County Library Joint Powers Authority West Valley Mayors and Managers Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-Selection Committee Hakone Foundation Board Public Art Committee Saratoga Historical Foundation South Flow Arrivals Ad Hoc Committee West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Cities Association of Santa Clara County Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Sanitation District Council Member Howard Miller America in Bloom Committee Saratoga Ministerial Association Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga Saratoga Sister City Organization Santa Clara County Expressway Plan 2040 Policy Advisory Board Santa Clara Valley Water District Commission Saratoga City Council Agenda – Page 6 of 7 CITY COUNCIL ITEMS CITY MANAGER'S REPORT STUDY SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Review of City Council Strategic Goals. Recommended Action: Review the City Council’s strategic goals and objectives and provide direction to staff on any changes. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Nora Pimentel, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on November 9, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 9th day of November 2017at Saratoga, California. Nora Pimentel, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Saratoga City Council Agenda – Page 7 of 7 11/15 4:30 p.m. Study Session – Commissioner Request for Reinstatement |4:45 Commission Interviews: Heritage Preservation & Traffic Safety | Study Session – City Council Norms Seating Arrangement | 6:00 p.m. Joint Meeting with Assembly Member Evan Low | 7:00 p.m. Regular Session | Study Session – City Council Strategic Goals 12/06 6:00 p.m. Joint Meeting with San Jose Animal Services | 7:00 p.m. Reorganization followed by Regular Session 12/20 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2017 Request for Reinstatement to Youth Commission Page 1 of 1 CITY OF SARATOGA Memorandum To: Mayor Lo & Members of the Saratoga City Council From: Nora Pimentel, City Clerk Date: November 15, 2017 Subject: Request for Reinstatement to Youth Commission Pursuant to the Saratoga Youth Commission Administration, Responsibilities, and Duties Policy adopted via Resolution No. 16-063 on November 16, 2016 (Attachment A), Section 4 states “If a Commissioner is absent from more than three regular Commission meetings during a single academic year, the Commissioner’s office becomes vacant unless the absence is approved by the Council.” Ms. Holly Cunningham was serving her second year on the Youth Commission when she missed three meetings. Ms. Cunningham has submitted a letter requesting reinstatement (Attachment B). Staff is requesting Council’s consideration and direction. ATTACHMENTS: Attachment A – City Council Resolution No. 16-063 Attachment B – Letter from Holly Cunningham 5 RESOLUTION NO. 16-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE YOUTH COMMISSION ADMINISTRATION, RESPONSIBILITIES, AND DUTIES POLICY WHEREAS on November 15, 1972 the City Council of the City of Saratoga adopted Resolution No. 542-2 relating to the terms of office, meeting time, and other matters concerning the Youth Commission and amended the policy in 2012 through resolution No. 12-008 on February 1, 2012; and WHEREAS, the existing policy states that if a Commissioner is absent from two regular meetings during a single academic year then the seat will become vacant until the end of the school year unless the absence is approved by the City Council; and WHEREAS, the policy also states that the Commission shall have one regular meeting per month during the academic year; and WHEREAS, the Youth Commission frequently meets twice per month to manage and meet the Commission work plan and priorities; and WHEREAS, the attached restatement of Youth Commission policy amends the frequency of regular meetings and attendance requirements (stating that a Commissioner who is absent from three meetings within a school year will be automatically removed from the Commission unless the absence is approved by the Council), establishes the date and time of regular meetings of the Commission, and includes minor clarifications; and WHEREAS, this resolution and content of the attached Youth Commission Administration, Responsibilities, and Duties Policy shall supersede all prior resolutions, policies, and understandings relating to Youth Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the attached Youth Commission Administration, Responsibilities and Duties at a Regular Meeting held on the 16th day of November 2016 by the following vote: AYES: Vice Mayor Emily Lo, Council Member Mary -Lynne Bernald, Howard A. Miller, Rishi Kumar NOES: ABSENT: Mayor E. Manny Cappello ABSTAIN: ATEST: Crys Bothelio, City Clerk appello, Mayor DATE: VI olb 6 SARATOGA YOUTH COMMISSION ADMINISTRATION, RESPONSIBILITIES, AND DUTIES POLICY Adopted via Resolution No. 16-063 November 16, 2016) SECTION 1: There is hereby established and created a Youth Commission of the City of Saratoga, which shall be known as the Saratoga Youth Commission, which shall consist of eleven (11) members to be appointed by resolution of the City Council. SECTION 2: The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City of Council, unless otherwise directed by the Council. The Commissioners' powers and duties, in such advisory capacity to the City Council, shall include the following: a) To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; b) Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. SECTION 3: Members shall be appointed to a term of 2 years. No Commissioner may serve consecutive full terms. SECTION 4: Instead of the rules concerning vacancies set forth in Section 2-12.040 of the Saratoga Municipal Code the following rules shall apply members of the Youth Commission: If a Commissioner is absent from more than three regular Commission meetings during a single academic year, the Commissioner's office becomes vacant unless the absence is approved by the Council. Vacant positions on the Commission will not be filled until the end of the school year. SECTION 4: The Youth Commission shall hold regular meetings on the second and fourth Tuesdays of each month at 7:OOpm during the months of September through May. The Commission may cancel a regular meeting due to lack of business. The Commission may also meet at such other times as the Commission desires, and shall follow the City of Saratoga Rules of Parliamentary Procedure with respect to matters addressed by those rules. 841675.1 7 8 City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with State Assembly Member Evan Low November 15, 2017 | 6:00 p.m. Saratoga City Hall | Administrative Conference Room 6:00 p.m.Welcome & Introductions 6:15 p.m.Legislative Priorities and State Grants 6:45 p.m.Other Remarks & Wrap-up Dinner will be provided at the Joint Meeting. The Regular Session of the City Council begins at 7:00 p.m. in the Civic Theater. Joint Meeting attendees are invited to attend the Regular Session and share an overview of the Joint Meeting. 9 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation for Mary Ellen Fox and Mike Fox, Sr. RECOMMENDED ACTION: Present the commendation to Mary Ellen Fox and Mike Fox, Sr. BACKGROUND: Mary Ellen and Mike Fox, Sr. have lived in Saratoga for over three decades. Mike was the founding President of West Valley-Mission College District and later was instrumental in fundraising for many projects at West Valley-Mission College District. Mary Ellen has been a volunteer at Montalvo Arts, the Summit League, and many other Saratoga non-profits. ATTACHMENTS: Attachment A –Commendation for Mary Ellen Fox and Mike Fox, Sr. 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MARY ELLEN AND MIKE FOX, SR. WHEREAS,Mary Ellen and Mike Fox, Sr. have lived in Saratoga for over three decades and their children, Michael, Dennis, Catherine, Mary Beth, Margaret, and Terence all graduated from Saratoga High School; and WHEREAS,both Mary Ellen and Mike Fox, Sr. have been generous with their contributions of time and funds to many worthwhile endeavors in the City of Saratoga; and WHEREAS, Mike was the founding President of the West Valley-Mission College District and served for 22 years, including time as the first Chair of the Board and then Chairman Emeritus, where he dedicated time to capital improvements for the campus; and WHEREAS, while serving at West Valley-Mission College District, Mike headed many fundraising efforts in partnership with organizations like The Health Trust and the Packard Foundation, to create the Nursing Lab, making it possible to build the Licensed Vocational Nurse to Registered Nurse Degree programs for nursing students; and WHEREAS, Mike partnered with West Valley College’s Dean of Advancement Cindy Schelcher on fundraisers to create a grand renovation of the West Valley College Theater; and WHEREAS,Mary Ellen has been a volunteer and leader at Montalvo Arts, making considerable contributions of time, energy, and funding; and WHEREAS, Mary Ellen has dedicated endless hours of creativity and leadership to countless other Saratoga civic activities during the past three decades, including the Summit League; and WHEREAS, together Mike and Mary Ellen have fashioned their home into a desired and respected setting for all manner of Saratoga civic activities and philanthropic events supporting non- profit foundations and elected officials, including President Jimmy Carter and President Bill Clinton. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby thank Mary Ellen and Mike Fox, Sr. for their many years of dedicated service to the Saratoga community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of November 2017. Emily Lo, Mayor City of Saratoga 11 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation for 50th Anniversary of the Valle Monte League’s Christmas Tree Elegance RECOMMENDED ACTION: Present the commendation to representatives of the Valle Monte League. BACKGROUND: The Valle Monte League was established in 1950 as a non-profit to raise funds for mental health agencies. For the last 50 years, the Valle Monte League has held a fundraiser called the Christmas Tree Elegance and the two 2017 events are on December 1. Over the years, the Valle Monte League has raised more than $9.5 million to support mental health agencies. ATTACHMENTS: Attachment A –Commendation for 50th Anniversary of the Valle Monte League’s Christmas Tree Elegance 12 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE 50TH ANNIVERSARY OF THE VALLE MONTE LEAGUE’S CHRISTMAS TREE ELEGANCE WHEREAS,the Valle Monte League was established in 1950 and is a non-profit organization of 180 women in the Santa Clara Valley whose mission is to raise funds to promote mental health; and WHEREAS, today, the Valle Monte League supports four individual mental health organizations, with all net proceeds of fundraising going to Family & Children Services, The Centre for Living with Dying, Alzheimer’s Activity Center, and Services for Brain Injury; and WHEREAS, for the last 50 years, the Valle Monte League has held a fundraiser, Christmas Tree Elegance; and WHEREAS, at the Christmas Tree Elegance event, professionally decorated Christmas Trees are displayed during the event and then given away through a donation drawing; and WHEREAS, on December 1, 2017 at the Santa Clara Convention Center, the Christmas Tree Elegance will include a Champagne Brunch and a Holiday Party and both will contain a silent auction and a fashion show produced by Red Haute and Co.; and WHEREAS, over the years, the Valle Monte League has raised more than $9.5 million toward fulfilling their mission “to raise funds that provide and promote better mental health in the community through mental health agencies.” NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its congratulations to the Valle Monte League’s Christmas Tree Elegance on 50 years of outstanding service to the Santa Clara Valley’s mental health agencies. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of November 2017. Emily Lo, Mayor City of Saratoga 13 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Certificate for House Family Vineyards RECOMMENDED ACTION: Present the certificate to David House of House Family Vineyards. BACKGROUND: House Family Vineyards is located in Saratoga. The House Family Vineyards and David House have been a strong supporter of the Saratoga community and have donated time and wine to many events. ATTACHMENTS: Attachment A –Certificate for House Family Vineyards 14 CertificateofAppreciation THIS CERTIFICATE IS AWARDED TO Emily Lo, Mayor November 2017 The Council of the City of Saratoga acknowledges your support of numerous community events in donating and serving your Saratoga wine over the years. Thank you for your contribution to the Saratoga community! David House House Family Vineyards 15 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Certificates for Saratoga Award-winning Businesses RECOMMENDED ACTION: Present the certificates to the award-winning businesses of Saratoga. BACKGROUND: Many businesses in Saratoga have won awards for excellence. These businesses will be recognized for the award-winning services that they provide to the Saratoga community. 16 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Commendation for John Ku RECOMMENDED ACTION: Present the commendation to John Ku. BACKGROUND: John Ku is the Chief Executive Officer of the S. Ku Foundation. The S. Ku Foundation, working with the Saratoga Area Senior Coordinating Council,has funded many new programs at the Saratoga Senior Center. ATTACHMENTS: Attachment A –Commendation for John Ku 17 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING JOHN KU WHEREAS,John Ku is the Chief Executive Officer of the S. Ku Foundation, which has collaborated with the Saratoga Senior Center and the Saratoga Area Senior Coordinating Council (SASCC) to bring new programs to the Senior Center; and WHEREAS,since 2016, the S. Ku Foundation has provided funding for several popular programs at the Saratoga Senior Center, including Ping-Pong, Karaoke, Mah-Jongg, Introductory Line-Dance, TaChi’s Push-Hand, and a Dancercise/Yoga program; and WHEREAS, the S. Ku Foundation has also provided financial support for Saratoga Adult Care Center and the Senior Center adult nutrition programs and also funded the Saratoga Adult Care Center 30th Anniversary Celebration; and WHEREAS, John Ku lives in Los Gatos with his wife, Ling, and they have two adult daughters, Stephanie and Stacy; and WHEREAS,John Ku and the S. Ku Foundation have helped to revitalize the Saratoga Senior Care Center with these new programs and funding. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby thank John Ku for his service and contributions to the Saratoga community, SASCC, the Saratoga Senior Center, and Adult Care Center. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of November 2017. Emily Lo, Mayor City of Saratoga 18 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:City Manager’s Office PREPARED BY:Nora Pimentel, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on November 1, 2017. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Regular City Council Meeting on November 1, 2017 19 Saratoga City Council Minutes – Page 1 of 6 MINUTES WEDNESDAY, NOVEMBER 1, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m. the City Council took a tour at West Valley College Campus, 14000 Fruitvale Avenue. At 6:00 p.m., the City Council held a Joint Meeting with West Valley-Mission Community College District Board of Trustees. At 7:04 p.m., Mayor Lo called the meeting to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Howard Miller, Rishi Kumar ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager Nora Pimentel, City Clerk John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Tony McFarlane, Finance Manager REPORT ON POSTING OF THE AGENDA City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on October 27, 2017. REPORT FROM JOINT MEETING Brad Davis, President of West Valley College, provided an overview of the City Council’s Joint Meeting with West Valley-Mission Community College District Board of Trustees, including information about projects funded through the current bond measure, collaboration opportunities between the College and Saratoga Library, and efforts to further engage the community. Mr. Davis acknowledged the City C ouncil for their continuous support and collaboration. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Michael Lomio with the Silicon Valley Leadership Group announced the upcoming Silicon Valley Turkey Trot and the Mayor’s Cup Challenge. Council Member Rishi Kumar announced that there will be a public meeting hosted by California Public Utilities Commission in November on proposed water rate increases. Mayor Lo proceeded with ceremonial items followed by announcements. 20 Saratoga City Council Minutes – Page 2 of 6 ANNOUNCEMENTS Mayor Lo announced that entrance at the Hakone Gardens is free for Saratoga residents the 1st Tuesday of the month and she shared information about the following upcoming meetings and events: State Route 85 Transit Guideway Study Survey and Public Meetings, City of Saratoga Food and Toy Drive, Silicon Valley Clean Energy Residential Customer Program Advisory Group recruitment, Annual Tree Lighting and Wine Stroll, and Saratoga Sister City’s fundraising trip to Croatia. CEREMONIAL ITEMS Commendation for Saratoga Adult Care Center Recommended Action: Present the commendation to representatives of the Saratoga Adult Care Center. Mayor Lo and the City Council presented the commendation to the representatives of the Saratoga Adult Care Center. Certificates for Saratoga Award-Winning Businesses Recommended Action: Present the certificates to the award-winning businesses of Saratoga Mayor Lo and the City Council presented certificates of recognition to representatives of various Saratoga Award-Winning Businesses. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on October 18, 2017. MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON OCTOBER 18, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, KUMAR, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/17/2017 Period 4; and 10/24/2017 Period 4. MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/17/2017 PERIOD 4; AND 10/24/2017 PERIOD 4. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended August 31, 2017 Recommended Action: Review and accept the amended Treasurer’s Report for the month ended August 31, 2017. 21 Saratoga City Council Minutes – Page 3 of 6 MILLER/BERNALD MOVED TO ACCEPT THE AMENDED TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Ordinance Amending Off-Site Signs in Residential Districts Recommended Action: Waive the second reading and adopt the attached ordinance regarding off-site signs in residential districts. ORDINANCE NO. 352 MILLER/BERNALD MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE REGARDING OFF-SITE SIGNS IN RESIDENTIAL DISTRICTS. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Approval of Contract with Just Leaks, Inc. for Installation of a Polyurethane Foam Cool Roof on the Senior Center Recommended Action: Authorize the City Manager to sign a contract with Just Leaks, Inc. for $41,488 plus $3,512 in contingencies. MILLER/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH JUST LEAKS, INC. FOR $41,488 PLUS $3,512 IN CONTINGENCIES. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Facilities Use Agreement Renewal with the Friends of the Saratoga Libraries to Operate a Book Store at the Saratoga Historical Park Recommended Action: Adopt a Resolution authorizing the City Manager to enter into a facilities use agreement with the Friends of the Saratoga Libraries for the use of the Book-Go-Round Building. RESOLUTION NO. 17-056 MILLER/BERNALD MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FACILITIES USE AGREEMENT WITH THE FRIENDS OF THE SARATOGA LIBRARIES FOR THE USE OF THE BOOK-GO- ROUND BUILDING. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Motor Vehicle (MV) Resolution Installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive Recommended Action: Adopt Motor Vehicle (MV) Resolution installing No Stopping 8 a.m. - 4 p.m. Monday thru Friday at Montauk Drive. MV RESOLUTION NO. 318 22 Saratoga City Council Minutes – Page 4 of 6 MILLER/BERNALD MOVED TO ADOPT MOTOR VEHICLE (MV-318) RESOLUTION INSTALLING NO STOPPING 8 A.M. - 4 P.M. MONDAY THRU FRIDAY AT MONTAUK DRIVE. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Motor Vehicle (MV) Resolution Installing Parking Restriction at Scully Avenue Recommended Action: Adopt Motor Vehicle (MV) Resolution installing parking restriction on Scully Avenue. MV RESOLUTION NO. 319 MILLER/BERNALD MOVED TO ADOPT MOTOR VEHICLE (MV-319) RESOLUTION INSTALLING PARKING RESTRICTION ON SCULLY AVENUE. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.9. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 18-19 Recommended Action: 1. Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report. 2. Move to adopt the Resolution appointing the Attorney’s for the District. RESOLUTIONS NO. 17-057 & 17-058 MILLER/BERNALD MOVED TO ADOPT THE RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S REPORT AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.10. Development Impact Fee Report Recommended Action: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2017. MILLER/BERNALD MOVED TO ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2017. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING 2.1. Proposed Amendments to the FY 2017/18 Fee Schedule Recommended Action: Open the public hearing, listen to public testimony and close public hearing. Adopt the resolution amending the fee schedule for Fiscal Year 2017/18, effective January 1, 2018. Tony McFarlane, Finance Manager, presented the staff report. 23 Saratoga City Council Minutes – Page 5 of 6 Mayor Lo invited public comments on this item. The following people requested to speak: Chuck Page No one else requested to speak. RESOLUTION NO. 17-059 MILLER/CAPPELLO MOVED TO ADOPT THE RESOLUTION AMENDING THE FEE SCHEDULE FOR FISCAL YEAR 2017/18, EFFECTIVE JANUARY 1, 2018. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Staff was directed to return to Council within six months and before adopting the Annual Fee Schedule in April with a status update on the impacts of eliminating credit card convenience fees. 3. GENERAL BUSINESS None COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee – the Hakone Foundation Board & Executive Committee explored the idea of installing or renting lights for viewing Sakura Cherry Blossoms in the evening during the Board’s October meeting. West Valley Mayors and Managers – during the October meeting, the group discussed several of the bills related to housing that were signed by the Governor and the League of Cities Peninsula Division lunch meeting on November 17 on the implications of these housing bills. Vice Mayor Mary-Lynne Bernald Public Art Committee – the Committee is moving forward with painted rocks and the utility box painted program has been launched. South Flow Arrivals Ad Hoc Committee – the South Flow Arrivals Ad Hoc Committee has not met, however, Congressional representatives will be meeting with the Federal Aviation Administration on the recommendations that were submitted last November. Vice Mayor Bernald reminded the Council that the Association of Bay Area Governments ballots are due tomorrow and may be submitted to Crystal Bothelio, Deputy City Manager. Vice Mayor Bernald also shared that the Recycling and Waste Reduction Commission has been continuing discussions on diverting organic waste from landfills through composting, dedicated collection of organic waste, and other methods. Council Member Manny Cappello Saratoga Area Senior Coordinating Council (SASCC) – SASCC is working closely with the architect on the remodel plans to identify opportunities to reduce project costs. Additionally, the cool roof installation at the senior center was approved earlier on the consent calendar. 24 Saratoga City Council Minutes – Page 6 of 6 Council Member Howard Miller America in Bloom Committee – the Committee met and discussed whether to participate in the competition again. The members of the Committee may be saddened by the results of the awards process, but agreed that the program was good for the City. Saratoga Ministerial Association – two topics were discussed at the last meeting: the Celebration of Light and the interfaith service on Thanksgiving morning. Silicon Valley Clean Energy Authority Board of Directors – the rate policy for 2018 was reaffirmed at a recent special meeting. Rates will be less than PG&E for the second year and the carbon free messaging will be changing slightly. Interviews for the Executive Director are taking place in Los Gatos on November 2. Council Member Rishi Kumar Santa Clara Valley Water District Commission – during the last meeting, the Commission discussed three items: 1) update on planning for potable and non-potable water reuse; 2) update on joint use trails on district property; and, 3) update on the California Water Fix. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT There was no report. Mayor Lo announced that the City Council would proceed to the City Hall Administrative Conference Room for Closed Session. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL –EXISTING LITIGATION (Pursuant to Government Code section 54956.9(d)(1)) Saratoga et al. v. California Department of Transportation (Santa Clara County Superior Court Case No. 115CV281214) REPORT OUT OF CLOSED SESSION After Closed Session, Mayor Lo announced that there was nothing to report from Closed Session. ADJOURNMENT Mayor Lo adjourned the regular meeting at 9:30 p.m. Minutes respectfully submitted: Nora Pimentel, CMC City Clerk, City of Saratoga 25 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 10/31/2017 Period 4 11/7/2017 Period 5 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 10/31/17 134594 134635 42 140,085.12 10/31/17 10/24/17 134593 11/7/17 134636 134694 59 210,386.88 11/08/17 10/31/17 134635 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 10/31/17 134594 General CDD 32,083.57 10/31/17 134626 General Various Attorney Services 30,329.83 11/07/17 134656 PW 41,564.00 11/07/17 134662 PW 75,517.88 11/07/17 134692 Various 23,369.40 Accounts Payable checks voided during this time period: AP Date Check #Amount 10/31/17 134617 334.39 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Plan Check Srvcs Re-issue Various Shute Mihaly & Weinberger Granite Rock Company 4Leaf. Inc. CalCard Purchases CIP Streets Projects Damon Ln Wall US Bank Purchasing Card Incorrect Amount Status Prior Check Register Checks Released Total Checks Amount Accounts Payable Starting Check # Issued to Office Depot, Inc. Reason Various SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:Finance & Administrative Services Gachina Landscape Fund Purpose Landscape Mtc PREPARED BY: Ending Check #Type of Checks Date Accounts Payable 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SARATOGA CITY COUNCIL MEETING DATE: November 15, 2017 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended September 30, 2017 RECOMMENDED ACTION: Review and accept the amended Treasurer’s Report for the month ended September 30, 2017. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of September 30, 2017, the City had $491,447 in cash deposit at Comerica bank, and $19,084,894 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2017: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of September 30, 2017 is $19,576,341 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of September 30, 2017, the City’s financial position (Assets $20.7M, Liabilities $3.1M and Fund Equity $17.6M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 491,447$ Deposit with LAIF 19,084,894$ Total Unrestricted Cash 19,576,341$ Cash Summary 40 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates + Total Unrestricted Cash 19,576,341$ Plus: Assets 1,161,262 Less: Liabilities (3,113,652) Ending Fund Balance 17,623,951$ Adjusting Cash to Ending Fund Balance 41 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Descri ption Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 9/30/17 General Fund Restricted Fund Balances: Environmental Services Reserve 263,182 - - - - - 263,182 Committed Fund Balances: Hillside Stability Reserve 790,000 - - - 790,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 1,564,588 - - - 1,564,588 Facility Reserve 1,700,000 - - - 1,700,000 Carryforwards Reserve 7,246 - - - 7,246 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - 1,000,000 Fiscal Stabilization Reserve 2,500,000 - - - 2,500,000 Development Services Reserve 719,562 - - - 719,562 Compensated Absences Reserve 209,937 - - - 209,937 Other Unassigned Fund Balance Reserve (Pre YE distributio n 2,229,800 (2,048,519) 861,640 1,234,746 1,530,000 (1,721,824) General Fund Total 10,984,315 (2,048,519) 861,640 1,234,746 - 1,530,000 7,032,690 Special Revenue Landscape/Lighting Districts 1,152,873 (13,608) 3,253 18,142 - - 1,124,376 Capital Project Street Projects 2,168,309 (95,260) 29,275 77,894 1,634,000 600,000 3,058,429 Park and Trail Projects 481,868 (4,973) - 6,004 400,000 - 870,891 Facility Projects 252,801 3,928 - - - - 256,729 Administrative Projects 687,313 (42,492) 2,368 - 76,000 - 723,190 Tree Fund Projects 67,995 425 - - 20,000 - 88,420 Park In-Lieu Fees Projects 491,061 - - 3,052 - - 488,009 CIP Grant Street Projects 49,255 (3,051) - 54,026 - - (7,822) CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Gas Tax Fund Projects 873,894 112,368 - 15,181 482,000 482,000 971,081 CIP Fund Total 5,085,305 (29,056) 31,643 156,157 2,612,000 1,082,000 6,461,736 Debt Service Library Bond 959,322 (666,101) 1,352 - - - 294,572 Internal Service Fund Liability/Risk Management 504,481 (11,552) 816 152,978 - - 340,767 Workers Compensation 294,052 (2,988) - 34,930 - - 256,133 Office Support Fund 109,806 (7,834) 747 773 - - 101,946 Information Technology Services 308,072 (85,443) 1,133 29,279 - - 194,483 Equipment Maintenance 176,906 (25,484) - 12,916 - - 138,507 Building Maintenance 454,606 (98,115) 707 72,445 - - 284,753 Equipment Replacement 585,986 (2,098) - 1,049 - - 582,838 Technology Replacement 315,299 - - 2,511 - - 312,788 Building FFE Replacement 498,369 - - - - - 498,369 Total City 21,429,391 (2,990,799) 901,290 1,715,926 2,612,000 2,612,000 17,623,951 42 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 9/30/17 Street Projects Annual Road Improvements 839,731 (2,402) 29,275 32,328 295,000 600,000 529,275 Roadway Safety & Traffic Calming 65,514 - - - 50,000 - 115,514 Highway 9 Safety Project - Phase IV 74,309 - - 7,883 - - 66,426 Prospect/Saratoga Median Improvement - - - - 600,000 - 600,000 BBW Turnaround - - - - 50,000 - 50,000 Annual Infrastructure Maintenance& Repair 122,667 (5,960) - 24,683 200,000 - 292,024 Village Pedestrian Improvements - Phase II 875 - - - - - 875 EL Camino Grande SD Pump 247,508 (6,701) - 847 145,000 - 384,960 Storm Drain Capture Device 30,000 - - - - - 30,000 Wildcat Creek Outfall 40,000 - - - - - 40,000 Saratoga Village Crosswalk & Sidewalk Rehabilitation - - - - 44,000 - 44,000 Quito Road Sidewalk Improvements - - - - 50,000 - 50,000 Fourth Street Bridge Widening 100,000 - - - - - 100,000 Quito Road Bridge Replacement 157,830 - - - - - 157,830 Quito Road Bridge - ROW ACQ 42,259 (395) - - - - 41,864 Damon Lane Retaining Wall 158,955 (1,039) - - 200,000 - 357,916 Bainter Ave Retaining Wall 189,917 (78,762) - 12,153 - - 99,002 Underground Project 98,744 - - - - - 98,744 Total Street Projects 2,168,309 (95,260) 29,275 77,894 1,634,000 600,000 3,058,429 Parks & Trails Projects Park/Trail Repairs 618 - - - 100,000 - 100,618 Sustainable Landscaping 39,836 - - - - - 39,836 Magical Bridge Playground 32,000 - - - - - 32,000 Hakone Gardens Infrastructure Improvements 114,513 - - - - - 114,513 Hakone Gardens Koi Pond Improvements 139,548 (4,973) - 1,480 - - 133,095 Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997 Guava/Fredericksburg Entrance 21,356 - - - - - 21,356 SV TO QP Walkway - - - - 50,000 - 50,000 Saratoga to Sea Trail - Construction 100,000 - - 4,524 250,000 - 345,476 Total Parks & Trails Projects 481,868 (4,973) - 6,004 400,000 - 870,891 Facility Projects Civic Theater Improvements 76,286 5,490 - - - - 81,776 CC/SC Panel Upgrade 120,000 - - - - - 120,000 SPCC Furniture & Fixtures 7,644 (1,562) - - - - 6,082 Library Building Exterior Maintenance Projects 15,570 - - - - - 15,570 Library - EV FC Station 33,301 - - - - - 33,301 Total Facility Projects 252,801 3,928 - - - - 256,729 Administrative and Technology Projects COMB Document Imaging Project 25,230 - - - - - 25,230 City Website/Intranet 81,717 (27,934) - - - - 53,783 Development Technology 63,171 (13,274) 2,368 - - - 52,265 Trak-It Software Upgrade 25,883 - - - - - 25,883 LLD Initiation Match Program 24,000 - - - 26,000 - 50,000 Horseshoe Beautification 25,000 - - - - - 25,000 Citywide Transportation Needs Assessment 10,521 - - - - - 10,521 General Plan Update 222,606 - - - - - 222,606 Village Façade Program 15,751 - - - - - 15,751 Village Specific Plan Update 89,023 (1,284) - - - - 87,738 Risk Management Project Funding 104,412 - - - 50,000 - 154,412 Total Administrative and Technology Projects 687,314 (42,492) 2,368 - 76,000 - 723,190 43 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Fund Balance 7/1/17 Increase/ (Decrease) Jul-Aug Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 9/30/17 Tree Fund Projects Citywide Tree Planting Program 44,370 300 - - 20,000 - 64,670 Tree Dedication Program 22,250 125 - - - - 22,375 SMSCF Tree Donation Program 1,375 - - - - - 1,375 Total Tree Fund Projects 67,995 425 - - 20,000 - 88,420 CIP Grant Street Projects Saratoga Ave Sidewalk Repair - - - 54,026 - - (54,026) Prospect/Saratoga Median Improvement (40) - - - - - (40) Citywide Signal Upgrade II (965) - - - - - (965) Saratoga Ave Sidewalk 50,261 - - - - - 50,261 Quito Road Bridge - ROW - (3,051) - - - - (3,051) Total CIP Grant Street Projects 49,255 (3,051) - 54,026 - - (7,822) CIP Grant Park & Trail Projects Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809 Total CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Park In-Lieu Fees Projects Magical Bridge Playground 128,000 - - - - - 128,000 Hakone Koi Pond Improvement - - - - 110,000 - 110,000 Quarry Park ADA Access 244,696 - - 3,052 - - 241,644 Unallocated Park Fees 118,365 - - - (110,000) - 8,365 Total park In-Lieu Fees Projects 491,061 - - 3,052 - - 488,009 Gas Tax Fund Projects Annual Roadway Improvements 488,313 117,635 - 14,473 - 482,000 109,474 Prospect/Saratoga Median Improvements 217,748 (5,268) - 707 482,000 - 693,773 Citywide Signal Upgrade II 99,759 - - - - - 99,759 Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000 Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 873,894 112,368 - 15,181 482,000 482,000 971,081 Total CIP Funds 5,085,305 (29,056) 31,643 156,157 2,612,000 1,082,000 6,461,736 44 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 45 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 Quarterly Apportionment Rates Local Agency Investment Fund 46 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:Recreation & Facilities Department PREPARED BY:Michael Taylor, Director SUBJECT:MOU with Santa Clara County Accepting FEMA Hazard Mitigation Performance Grant Funding RECOMMENDED ACTION: Adopt a Resolution approving a Memorandum of Understanding (MOU) accepting FEMA Hazard Mitigation Performance Grant funding for up to $50,859. BACKGROUND: The purpose of Emergency Management Performance Grant (EMPG)is to provide federal grants to States to assist state, local, territorial, and tribal governments in preparing for all hazards. The Governor’s Office of Emergency Services (Cal OES) awarded Santa Clara County 2017 EMPG funding in the amount of $518,921 (Attachment B) for the purpose of sustaining and improving comprehensive emergency management programs. The attached MOU (Attachment A)is to allocate the sum of $50,859 from County to the City of Saratoga, so that the City may implement the following projects as provided under this agreement and specified in the EMPG Grant Certifications and Assurances: $1,300 for California Emergency Services Association (CESA) Conference $31,759 for new electronic equipment supporting the EOC $16,000 for new CERT Trailer and supplies/materials $1,800 for Emergency Manager Professional Development (classes/trainings) $50,859 TOTAL The City is required to match the grant funding. This match may be accomplished through cash or in-kind contributions. The City will use eliegible in-kind labor costs to achieve roughly $35,000 of the required match. The remaining match will be met by using Risk Management funds of approximately $16,000. Further details are provided in the EMPG Match Guidance sheet (Attachment D).Staff recommends that Council adopt the attached Resolution (Attachment E) accepting the EMPG funds. The performance period for this grant expires March 31, 2018. ATTACHMENTS: A.EMPG MOU FOR 2017 47 B. Notification of Application Approval C. EMPG Match Guidance 2017 D. Draft Resolution 2017- 48 1 AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA GRANTING PROGRAM FUNDS FOR THE 2017 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) THIS AGREEMENT is made effective July 1, 2017, by and between the County of Santa Clara (“County”) and the City of Saratoga (“City”) for the allocation and distribution of 2017 Emergency Management Performance Grant (“EMPG”) funds. RECITALS WHEREAS, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the Towns of Los Gatos, Los Altos Hills, and the County of Santa Clara, are parties to the 1994 Operational Area Interim Agreement; and WHEREAS, the Santa Clara County Emergency Operational Area Council (“OAC”) is the advisory body of the Santa Clara Operational Area in matters affecting disaster preparedness throughout the Operational Area. OAC membership includes 5 city council members representing cities in the Operational Area as well as Santa Clara Valley Water District, County Executive, County Board of Supervisors, City Managers’ Association, Police Chiefs’ Association, Fire Chiefs’ Association, County Public Health Department, Valley Transportation Authority and emergency management representatives; and WHEREAS, the County Civil Protection and Emergency Services Ordinance establishes the OAC and endows the OAC with governing body authority to enhance planning and preparedness for large-scale emergencies in the Santa Clara Operational Area, including by making funding allocation decisions for EMPG funding awarded by the United States Department of Homeland Security to the California Office of Emergency Services (“Cal OES”), and subsequently sub-awarded to County; and WHEREAS, Cal OES is expected to award County 2017 EMPG funding in the amount of $518,921 by November 1, 2017 for the purpose of sustaining and improving comprehensive emergency management programs; NOW, THEREFORE, this AGREEMENT is to allocate the sum of $50,859 from County to City, so that City may implement the “CESA Annual Training and Conference”, “EOC Computers”, “CERT Trailer”, and the “Emergency Manager Training & Professional Development” projects as provided under this Agreement and specified in the EMPG Grant Certifications and Assurances, Exhibit B. The performance period for County for this grant expires on June, 30, 2018. The performance period for City for the subgrant expires on March 31, 2018. County and City agree as follows: THE AGREEMENT Article I. Definitions 1.Specific Terms (a) “Burdened Labor Rate” shall mean the labor rate including benefits, taxes and other deductions from an employee’s paycheck. This rate does not include vacation benefits. The Attachment A 49 2 hourly burdened labor rate is used to calculate City’s match obligation. (b) “City” shall mean the City of [Saratoga], its officers, board members, employees, and agents. (c) “County” shall mean the County of Santa Clara, its officers, board members, employees, and agents. (d) “EMPG funds” or “EMPG funding” shall mean the funding City receives under this Agreement. (e) “Federal Program Guidance” shall mean guidance documents issued by the Federal Emergency Management Agency, including the EMPG Program Funding Opportunity Announcement, for Fiscal Year 2017. (f) “Grant Certifications and Assurances” shall mean the FY17 EMPG Agreement Articles, Assurances, Certifications, Terms, and Conditions (g) “Highly Compensated Individual” shall mean an individual whose income is $300,000 or more per year. (h) “Prime Recipient” shall refer to County. (i) “Project Manager” shall refer to the City employee identified as “Requestor” on an EMPG Project Proposal form. (j) “Spend Plan” shall mean a written document that explains the project on which City intends to spend 2017 EMPG funding, including project deliverables and milestone dates by which any funds allocated to City must be spent. (k) “State Guidance” shall mean the California Supplement to the Federal Program Funding Opportunity Announcement, issued by Cal OES for Fiscal Year 2017. (l) “Subgrant” shall mean funds awarded to the City under this Agreement. (m) “Sub-Recipient” shall refer to City. 2. References to This Agreement Any reference to this Agreement shall include: (a) the Agreement; (b) all exhibits, appendices, schedules, and attachments to this Agreement; (c) all statutes, ordinances, regulations, rules, or other documents incorporated by reference into this Agreement; (d) all amendments, modifications, or supplements to this Agreement. Article II. Allocation and Spend Plans 1. Allocation. The 2017 EMPG funds shall be disbursed pursuant to the County’s FY 2017 EMPG Grant application for each City. County shall reimburse to City funds that City expends under the 2017 EMPG program for eligible expenditures. The amount for City shall not exceed $50,859, unless additional funds become 50 3 available under the 2017 EMPG program following the execution of this Agreement. If additional funds are allocated, an amendment to this Agreement shall follow. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City until County and City have fully and finally executed this Agreement. City acknowledges and agrees that County shall have no obligation to disburse EMPG funds to City unless and until the State of California has awarded County $518,921 in FY 2017 EMPG funding. 2. Spend Plans Upon execution of this agreement, City shall provide County with Spend Plans for review by County’s Office of Emergency Services (“OES”) Director or designee. All Spend Plans must be approved by County’s OES Director or designee based on projects County has submitted to the State for the 2017 EMPG program. If County’s OES Director does not approve City’s Spend Plan, County OES shall notify City, and City shall have 10 days from the date of the notice to submit a revised Spend Plan to County OES for approval or risk reallocation of funds. City’s Spend Plans are a required part of this MOU. Article III. Requests for Reimbursement and Reimbursements 1. Required Documentation for Reimbursement The EMPG is a reimbursement grant under which Cal OES disburses reimbursement funds to County, and County disburses reimbursement funds to City. No cash advances are permitted under the EMPG program. The EMPG is a matching funds grant that requires City to provide a dollar-for-dollar match for any EMPG funds it receives. All invoices/ requests for reimbursement from City must include appropriate documentation such as receipts or payment records as well as other documentation required under Federal or State grant program requirements (see Article III). (a) Requests for Equipment City is solely responsible for procuring any equipment under this Agreement in accordance with Federal requirements for procuring grant funded equipment; and, if more restrictive, applicable City procurement policies and requirements. Prior to purchasing any equipment under this Agreement, when required, City must submit an Environmental and Historic Preservation (EHP) Screening form and receive written approval from FEMA. The following documentation must be provided along with any reimbursement requests for equipment: • Quote or solicitation documents • Summary of pricing and chosen vendor • Documentation that vendor is not on the excluded parties list (https://www.epls.gov/) (a print-out of the search result page will suffice) • Purchase order and/or contract 51 4 • Receiving documentation/packing slip • Invoice • Proof of payment All equipment must be indicated in the Spend Plan City submits to County, and must be authorized per the web-based Authorized Equipment List published by FEMA and available via: https://www.fema.gov/authorized-equipment-list. (b) Subcontracts Subcontracts totaling $25,000 or more require preapproval from the County. If City is allowed to award subcontracts totaling $25,000 or more, it must report on any such subcontracts and on Highly Compensated Individuals on the Financial Disclosure Form, Exhibit E, within 30 days of the award. The following information must be included in City’s report on any sub-award exceeding $25,000: • Name of entity receiving award; • Amount of award; • Funding agency; • Catalog of Federal Domestic Assistance program number; • Award title (descriptive of the purpose of the funding action); • Location of the receiving entity and primary location of performance including city, state, and federal Congressional district; • Dun & Bradstreet (D&B) DUNS Number of the receiving entity, and of its parent if applicable; and • Total compensation and names of receiving entity’s five most highly compensated executives if: o In the preceding fiscal year, the subcontractor received 80 percent or more, and $25,000,000 or more, of its gross annual revenue from federal procurement contracts or subcontracts or from federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.230; and o The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78m(a), 78o(d), or under section 6104 of the Internal Revenue Code of 1986. o City must report subcontractor executive compensation by the end of the month following the month in which it makes the subaward. For example, if the subaward is obligated in any date in April 2017, City must report any required compensation information by May 31, 2017. Classified information that, in the interest of national security, requires protection against unauthorized disclosure (i.e., information deemed Top Secret, Secret, or Confidential under Executive Order 12958) is exempt from the Prime and Sub-Recipient reporting requirements, as are contracts with individuals. (c) Sole Source Contracts Sole source contracts of $150,000 or more are not allowable under the EMPG program unless first approved by Cal OES. City must obtain sole source request documentation and submit it to 52 5 the Grants Manager of County’s OES. Upon City’s completion and submission of the required sole source documentation, County’s Grants Manager shall forward all sole source documents to the appropriate Cal OES contact for review and approval. Only after Cal OES approval is given can a sole source procurement be completed and expenditures reimbursed using EMPG allocated funds. All sole source procurements must follow Federal procurement requirements for grants and, if more restrictive, the City’s own procurement policies. (d) Grant Funded Personnel EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes M&A staff funded by EMPG Program funds. All EMPG Program funded personnel shall complete the training requirements in Article IV, Section 2 (c) by December 31, 2017. Recorded proof of completion, such as all certificates of completion, must be submitted by the City to County (OES) before any reimbursements to the City will be made. In any case, proof of completion must be provided by December 31, 2017. Documentation of participation in exercises is also required by the grant and progress towards meeting this requirement must be reported to the grant manager at least quarterly. Time reporting requirements: To receive payments for personnel costs, City must submit time and payroll documentation that meets Federal Grant, State Grant (CalOES) and County reporting requirements. (e) Other Requests The following documentation is required for all reimbursement requests for contractors: • Quote or solicitation documents • Executive summary of how contractor was chosen • Documentation that vendor is not on the excluded parties list (https://www.sam.gov/) (a print-out of the search result page will suffice) • Purchase order and/or contract • Invoice showing deliverables and milestones completed • Proof of payment • Financial Disclosure Form (Exhibit E) if awarded contract exceeds $25,000 2. Submission of Requests for Reimbursement (a) City shall submit reimbursement requests to County’s OES (see Article V.1 below) on at least a quarterly basis, as detailed in the chart below. Unless pre-approved by County’s OES Director or designee, all reimbursement requests shall be due fifteen calendar days after the end of the quarter, with the exception of the final expenditure and/or invoice, as indicated below. Any expenditure during the final period identified in the chart below shall be made by March 15, 2018, and any related invoice shall be submitted by March 31, 2018, unless otherwise pre-approved by County’s OES Director or designee, in order to meet 2017 EMPG deadlines. Reimbursement requests shall be due for expenditures during specified periods as follows: 53 6 For Expenditures During the Period: Due Dates for Reimbursement Requests: July 1, 2017 through December 31, 2017 February 28, 2018 January 1, 2018 through March 15, 2018 March 31, 2018 (b) During the term of this Agreement, County is not obligated to honor any request for reimbursement that is submitted after the due dates for reimbursement requests for expenditures within a given quarter as specified above in Article II, Section 2(a). (c) All grant funds not claimed by City via a proper reimbursement request, which includes all required documentation, by March 31, 2018 will be forfeited. County may then determine how to spend those funds in accordance with grant requirements. Article IV. Use of Funds 1. Master Grant Obligations (a) City shall comply with the EMPG Federal Program Guidance, the State Guidance, and the Grant Certifications and Assurances, attached as Exhibit B. City shall require any subgrantee, contractor, or other entity receiving EMPG funds through or from City to execute a copy of the Grant Certifications and Assurances, and shall be responsible for ensuring that subgrantee, contractor, or other entity complies with the Grant Certifications and Assurances. (b) City shall ensure its Project Manager attends a grant kickoff meeting with County OES staff. Additionally, City shall ensure its Project Manager is available to meet with County OES staff upon request during the period of this agreement to report on progress on each project funded under this Agreement. (c) City shall comply with all other applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement, provided that if any provisions of this Agreement conflict with any State requirements, the State requirements will control. City shall ensure that any subgrantee, contractor, or other entity receiving EMPG funds through or from City complies with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved Spend Plans; and any other conditions imposed by Cal OES or by this Agreement. (d) By executing this Agreement, City certifies that it is not debarred, suspended, or otherwise ineligible to receive EMPG funds. In addition, City shall ensure and independently verify that any subgrantee, contractor, or other entity receiving EMPG funds through or from City is not debarred, suspended, or otherwise excluded from participation in the EMPG program. City shall maintain documentary proof of this verification in its files. 2. Scope of Services (a) City shall use the funds granted under this Agreement only for the purpose of implementing applicable initiatives under the 2017 EMPG program, as indicated in Exhibit C, Program 54 7 Narrative. City shall not use the funds granted under this Agreement for any other purpose. County shall not be required to disburse funds to or otherwise pay City for services, materials, equipment, or supplies provided by City that are beyond the scope of the services, materials, equipment, or supplies agreed upon in this Agreement or a lawfully executed written amendment. Indirect costs are allowable under the FY17 EMPG grant. Allowability of Indirect costs does not increase the total amount of the State, Operational Area or other sub-recipient (i.e. jurisdictions) grant awards. Claims for indirect costs therefore necessarily decrease the federal funds available to pay for direct project costs. Subawards are based on the direct cost of approved projects. Sub-recipients wishing to claim indirect costs must use an indirect cost rate in compliance with applicable Federal guidance and regulations including 2 C.F.R. § 200.68 and Subpart E. (b) All EMPG grant-funded personnel (e.g. an Emergency Preparedness Planner employed by the City under this grant) shall participate in no less than three exercises in a 12-month period. EMPG grant-funded personnel are any personnel paid at any percentage with EMPG funding. This includes contracted personnel, as well as M&A staff funded by EMPG grant funds. There is no specific requirement for level of “participation” in the exercises – i.e., observation and attendance satisfies the objective. The exercises can be of any type (e.g., Drills, Tabletop Exercises, or Functional) within the performance period (see https://hseep.dhs.gov). Participation in exercises by grant funded staff must be reported quarterly to ensure adequate progress is being made toward meeting this requirement. (c) To ensure the development of a professional emergency management workforce, all EMPG grant-funded personnel shall complete the following 11 training requirements and shall record proof of completion: • National Incident Management System (NIMS) Training: i. IS 100 Introduction to Incident Command System ii. IS 200 ICS for Single Resources and Initial Action Incident iii. IS 700 National Incident Management System, An Introduction iv. IS 800 National Response Framework, An Introduction • FEMA Professional Development Series: v. IS 120 Introduction to Exercises vi. IS 230 Fundamentals of Emergency Management vii. IS 235 Emergency Planning viii. IS 240 Leadership and Influence ix. IS 241 Decision Making and Problem Solving x. IS 242 Effective Communication xi. IS 244 Developing and Managing Volunteers The aforementioned courses are all available for free on-line at the following links: http://training.fema.gov/IS/NIMS.aspx & http://training.fema.gov/emiweb/PDS/ Note: The “G” course series and classroom-based equivalents can be used as an alternate to satisfy these training requirements. Past completion of the above courses (or qualifying equivalent) is considered acceptable in meeting this requirement. 55 8 Article V. Term and Termination 1. Term of Agreement This Agreement is effective from July 1, 2017 through June 30, 2018—the FY 2017 EMPG performance period established by the State for the County. 2. Availability of Funds (a) The parties acknowledge and agree that this Agreement is dependent upon the availability of County, regional, State and/or federal funding. (b) Budgetary Contingency: This Agreement is contingent upon the appropriation of sufficient funding by County for the products and services covered by this Agreement. If funding is reduced or eliminated by County for the products or services covered by this Agreement, County has the option to either terminate this Agreement with no liability occurring to County or to offer an amendment to this Agreement indicating the reduced amount. (c) The obligations of County to make payments in accordance with the provisions of this Agreement may be delayed, reduced or terminated as a result of any delay, reduction, or change in allocation or allotment in funding to County from federal, State or other regional funding sources. 3. Termination (a) Termination for Convenience. County shall have the option, in its sole discretion, to terminate this Agreement at any time without cause upon written notice to City. The written notice shall specify the date on which termination shall become effective, which shall be no less than seven (7) days from the date of the notice. (b) Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party. The written notice shall specify the date on which termination shall become effective, which shall be no less than thirty (30) days from the date of the notice. Termination for cause includes, but is not limited to, a material breach of this Agreement, a violation of any applicable laws, or failure to comply with applicable EMPG guidelines. (c) Opportunity to Cure. In the event of termination for material breach of this Agreement, the non-breaching party shall give written notice of the breach to the breaching party, specifying the breach/cause. The breaching party shall not be deemed in default and the non-breaching party shall not institute proceedings or exercise any remedies against the breaching party unless the breach has not been cured, corrected or remedied within thirty (30) days after the breaching party’s receipt of the notice of breach, or within such longer period as may be reasonably required to cure, correct or remedy the breach, provided the breaching party has commenced its cure, correction or remedy within the thirty (30) day period and diligently and continuously pursues that cure, correction or remedy. (d) If this Agreement is terminated, City shall return EMPG funding in accordance with EMPG program guidelines. 56 9 Article VI. Indemnification and Liabilities 1. Indemnification by City In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed between the parties under Government Code section 895.6, County and City agree instead that under Government Code section 895.4, City shall fully indemnify and hold County, its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. This indemnity shall include, without limitation, reasonable attorneys’ fees, consultants and experts and related costs, and County’s cost of investigating any claim. 2. Duty to Defend City acknowledges and agrees that its obligation to defend County under Article V.1: (a) is an immediate obligation, independent of its other obligations under this Agreement; and (b) applies to any claim, expense, cost, damage, or liability falling within the scope of Article V.1, regardless of whether the allegations made in connection with that claim, expense, cost, damage, or liability may be groundless, false, or fraudulent. County shall provide City with prompt notice of any claim, expense, cost, damage, or liability under Article V.1 and City shall have the right to defend, settle, or compromise that claim, expense, cost, damage, or liability, provided, however, that County shall have the right to retain its own counsel at City’s expense if representation of County by counsel retained by City would result in a conflict of interest, and that City shall obtain County’s prior written consent to settle or compromise if City contends that County shares in any liability. County’s failure to notify City promptly of any claim, expense, cost, damage, or liability shall not relieve City of liability to County under Article V.1 unless that failure materially impairs City’s ability to defend against the claim, expense, cost, damage, or liability. 3. Limitation on Liability County, its officers, board members, employees, and agents shall not be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of City, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to City under this Agreement. County’s obligations under this Agreement shall be limited to the aggregate amount of EMPG funds actually disbursed. Notwithstanding any other provision in this Agreement or any other document or communication between County and City relating to this Agreement, in no event shall County be liable for any damages arising out of or in connection with this Agreement, the EMPG funds, City’s Spend Plan, or any activities performed in connection with this Agreement. 57 10 Article VII. Miscellaneous 1. Notice All notices required by this Agreement shall be deemed given when provided in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing: To City: Michael Taylor, Recreation & Facilities Director, Risk Manager 19655 Allendale Ave Saratoga, CA 95070 To County: Ivan Williams EMPG Grant Manager County of Santa Clara Office of Emergency Services 55 W. Younger Ave., Suite 450 San Jose, CA 95110 2. Compliance and Nondiscrimination The parties shall comply with all applicable federal, State, and local laws and regulations. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 (Sections 503 and 504), the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), and California Labor Code sections 1101 and 1102. The parties shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall the parties discriminate in the provision of services provided under this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 3. County No-Smoking Policy City and its employees, agents and subcontractors shall comply with County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where County is the sole occupant, and (3) in all County vehicles. 4. Food and Beverage Standards Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by City with County funds for County-sponsored meetings or events. 58 11 If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low-fat and low-calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, City shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high-calorie desserts; (3) attempt to accommodate special dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the City should consider providing a vegan option. If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving. If beverages are to be provided, beverages that meet the County’s nutritional criteria are: (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, for which sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored nonfat or 1% low-fat dairy milk; (4) plant- derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8-ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8-ounce serving. Sugar-sweetened beverages shall not be provided. 5. Governing Law This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. 6. Assignment The parties may not assign this Agreement or the rights and obligations hereunder without the specific written consent of the other. 7. Entire Agreement This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. 8. Amendments This Agreement may only be amended by an instrument signed by the parties. 9. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 59 12 10. Contract Execution Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. 11. Severability If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 12. Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. 13. Conflict of Interest In accepting this Agreement, City covenants that is presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of services under this Agreement. City is responsible for assuring compliance of its subcontractors, if any, with the requirements of this provision. 14. Wage Theft Prevention (1) Compliance with Wage and Hour Laws: City, and any contractor or subcontractor it employs to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance. (2) Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws. (3) Prior Judgments against City, Contractor and/or its Subcontractors: BY SIGNING THIS AGREEMENT, CITY AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT—THAT CITY, ITS CONTRACTOR(S) OR SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CITY FURTHER AFFIRMS THAT IT, ITS CONTRACTOR(S), OR SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH—OR HAS REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY —ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS. (4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that City, a contractor or any subcontractor City employs to perform work under this Agreement has violated any 60 13 applicable wage and hour law, or City learns of such a judgment, decision, or order that was not previously disclosed, City must inform the Office of the County Executive‐Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. City and its contractor(s) and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive‐OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The County reserves the right to require City to enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied. (5) County’s Right to Withhold Payment: Where City or any contractor or subcontractor City employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payment to City until such judgment, decision, or order has been satisfied in full. (6) Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law. (7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. 15. Certified Resolution of Signature Authority Upon request of County, City shall deliver to County a copy of the resolution(s) authorizing execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of City. Signed: COUNTY OF SANTA CLARA CITY OF SARATOGA By__________________________ ________ By _________________________ ______ Garry Herceg Date _______________ Date Deputy County Executive City Manager or designee Approved as to Form and Legality: Approved as to Form and Legality: ____________________________ ____________________________ Kavita Narayan Date City Attorney Date Lead Deputy County Counsel Enclosures Exhibit A Santa Clara County EMPG Notification of Application Approval (once received from the State) Exhibit B Grant Certifications and Assurances 61 14 Exhibit C Project Narratives Exhibit D Functional Timesheet Template Exhibit E Financial Disclosure Form 62 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 1 of 11 Initials _______ Standard Assurances For All Cal OES Federal 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. 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) California Supplement to the NOFO; and (d) 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/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1.Proof of Authority The Applicant will obtain written authorization 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, and (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. Exhibit B 63 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 2 of 11 Initials _______ 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 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 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. 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. § 200.212 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 principals, subgrantees, recipients or subrecipients: 64 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 3 of 11 Initials _______ (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 federal statutes relating to non-discrimination. These include, but are not limited to, the following: (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, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213); (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. Part 100. 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 65 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 4 of 11 Initials _______ (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) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (m) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). 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 (California Government Code §§12940, 12945, 12945.2), 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. 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, which may be prescribed pursuant to the following, as applicable: (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); 66 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 5 of 11 Initials _______ (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.); (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. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed 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. Access to Records In accordance with 2 C.F.R. § 200.336, 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. 67 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 6 of 11 Initials _______ 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 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 sets forth that no subgrantee, recipient, or subrecipient shall 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), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also 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 grant award recipients or a subrecipient 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. 68 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 7 of 11 Initials _______ 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 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 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 Applicants are 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 69 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 8 of 11 Initials _______ 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 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. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at CRCL@hq.dhs.gov or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528. In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their 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. 23. Activities Conducted Abroad All recipients 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. 70 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 9 of 11 Initials _______ 24. 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. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Buy American and Hire American All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. §§ 8301 – 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States. 26. Copyright All recipients 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. 27. 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 recipients 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. 28. Energy Policy and Conservation Act All recipients 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. 29. Federal Debt Status All recipients are required to be non-delinquent in their 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. 30. Fly America Act of 1974 All recipients 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. 71 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 10 of 11 Initials _______ 31. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants 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. 32. Non-supplanting Requirement All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. 33. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are 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. 34. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 35. Terrorist Financing All recipients 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. Recipients are legally responsible to ensure compliance with the Order and laws. 36. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’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, you 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. 37. USA Patriot Act of 2001 All recipients 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. 72 Emergency Management Performance Grant Program (EMPG) - 2017 Grant Assurances Page 11 of 11 Initials _______ 38.Use of DHS Seal, Logo, and Flags All recipients 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. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. 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 subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient 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. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2017, Version 7.1, 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. Subrecipient: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: _____________________________________________ Date: 73 FY17-Project Request-EMPG CESA Training 1 2017 EMPG Project Proposal Request Timeline and Template I. Background Information I A. Requestor Contact Information Agency Santa Clara County Operational Area Name Ivan Williams Position/Title OAC Liaison/Senior Management Analyst Phone 408-808-7835 Mobile Number Agency Address Office of Emergency Services 55 West Younger Avenue, Suite 450 San Jose, CA 95110 Email ivan.williams@oes.sccgov.org I B. Project Name 2017 CESA Annual Training & Conference TOTAL PROJECT COST (Insert the total from Funding section) $12,000 I C. Project Type Use the checkbox to indicate corresponding project ☐ This project is a new Project. ☒ This project is part of an ongoing Project. ☐ This project is for sustainment of a previously funded Project. I D. Mission Areas (Solution Area) - Use the checkbox to indicate the corresponding mission area for your project ☐ Planning ☐ Organization ☐ Equipment ☒ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community Outreach ☐ Conference ☐ Develop and Enhance Plans, Protocols and Systems ☐ Staffing ☐ Day to Day Activities/ /operations that support emergency management ☐ Information Technology ☐ Cyber Security Enhancement Equipment ☐ Interoperable Communications Equipment ☐ Other Authorized Equipment ☐ Staff Expenses ☐ Course Development ☐ Course Delivery and Evaluation ☒ Staff Expenses ☐ Certification / Recertification of instructors ☐ Design/Develop ☐ Conduct / Attend / Evaluate ☐ Supplies / Materials / Production Costs EXHIBIT C 74 FY17-Project Request-EMPG CESA Training 2 I E. Project Description - Briefly describe exactly what the project entails, what purchases and/or personnel will be necessary for the project 2016 CESA Annual Training and Conference--This project allows up to 9 Emergency Managers from across the Operational Area to attend the California Emergency Services Association (CESA) 2017 Annual Training Conference. Specific topics from past conferences include public information, plan writing, terrorism, California's Emergency Management Mutual Aid (EMMA) process, whole community planning, how C-PODs work, situational awareness and so on. I F. Does this project require a sole source? ☐ Yes If “Yes”, please explain ☒ No N/A I G. Installation - Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures? ☐ Yes, If “Yes”, please: ☒ No 1.Provide an explanation AND 2.Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 75 FY17-Project Request-EMPG CESA Training 3 II.ALIGNMENT WITH NATIONAL PREPAREDNESS GOALS by Core Capability and Mission Area II A. Goals and Objectives - Use the checkbox to indicate which Core Capability will be developed or sustained. 1 ☒Planning. Conduct a systematic process engaging the whole community as appropriate in the development of executable strategic, operational, and/or tactical-level approaches to meet defined objectives. 2 ☒Public Information and Warning. Deliver coordinated, prompt, reliable, and actionable information to the whole community through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding any threat or hazard and, as appropriate, the actions being taken and the assistance being made available. 3 ☒Operational Coordination. Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. 4 ☒Mitigation. Core Capabilities: Community Resilience; Long-term Vulnerability Reduction; Risk and Disaster Resilience Assessment; and Threats and Hazards Identification 5 ☒Response. Core Capabilities: Infrastructure Systems; Critical Transportation; Environmental Response/Health and Safety; Fatality Management Services; Fire Management and Suppression; Logistics and Supply Chain Management; Mass Care Services; Mass Search and Rescue Operations; On-scene Security, Protection and Law Enforcement; Operational Communications; Public Health, Healthcare, and Emergency Medical Services; and Situational Assessment 6 ☒Recovery. Core Capabilities: Infrastructure Systems; Economic Recovery; Health and Social Services; Housing; Natural and Cultural Resources III.FUNDING III A. Proposed funding amount - Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements. (Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded. ELEMENT PROPOSED FUNDING ☐Planning $ ☐Equipment $ ☐Management & Administration $ ☒Training $12,000 ☐Exercise $ TOTAL PROJECT COSTS $12,000 76 FY17-Project Request-EMPG CESA Training 4 Description of Expenditures That Will Be Used for Project Grant Match Emergency Managers time spent on Emergency Management planning, developing training, conducting exercises, or on emergency management logistics activities. AEL # Equipment - Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/media-library/assets/documents/101566 ☐Information Technology ☐Cyber Security Enhancement Equipment ☐Interoperable Communications Equipment ☐Detection Equipment ☐CBRNE Reference Materials ☐CBRNE Incident Response Vehicle ☐Physical Security Enhancement Equipment ☐Power Equipment ☐CBRNE Logistical Support Equipment ☐Other Authorized Equipment: Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding - List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side) ELEMENT PROPOSED FUNDING ☐UASI $ ☐SHSGP $ ☐General Funds $ ☐Other Grant Funds $ TOTAL OTHER FUNDING $ Other Funds: - Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project. 77 FY17-Project Request-EMPG CESA Training 5 IV.PROJECT MANAGEMENT AND IMPLEMENTATION IV A. Milestones - Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2017 EMPG. - No start date should begin before July 1, 2017 and no end date should end after June 30, 2018. - These dates are subject to change based on notification of application approval. - No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent. - If unsure of exact dates, use Quarter timeframes MILESTONE NUMBER MILESTONE NAME/DESCRIPTION(1,000 CHARACTER LIMIT) START DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 END DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 1 MOU between City/Town and County in Place As early as July 1, 2017 December 31, 2017 2 Functional Timesheet Collection and Submission to Grant Manager for Project Grant Match July 1, 2017 June 30, 2018 3 Environmental Historic Preservation (EHP) FEMA Review Completed (If applicable) As early as August 1, 2017 January 31, 2018 4 City/ Town Performance Period As early as July 1, 2017 No later than March 31, 2018 5 City/Town Service Agreement for Contracted Services As early as July 1, 2017 No later than March 31, 2018 6 City/Town Submission of Invoices and supporting documentation for reimbursement. As early as October 2017 No later than March 31, 2018 7 8 9 10 IV B. Project Outcomes - Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should demonstrate improvement towards building capabilities. Emergency Management training, best practices, networking, directed to all levels of California Emergency Managers so that they may more effectively plan for, respond to and recover from disasters. IV C. Project Deliverables - Describe the specific deliverables that will be produced as a result of this project. At least 5 Emergency Managers from the Operational Area attend the Annual CESA Conference. 78 FY17-Project Request-EMPG CESA Training 6 V. Project Timeline YEAR DATE & MEETINGS OWNERS & TASKS 2016 November 22 2016 OAS Meeting EMPG Grant Manager o Initiates Op. Area EMPG FY17 Project Proposals November 22, 2016 to January 3, 2017 Op. Area Signatories o Submit their Projects Proposals to EMPG Grant Manager December 27 OAS Meeting Op. Area Signatories o Discuss proposed projects o Brainstorm additional project proposals o Discussion of Op. Area needs may generate new ideas and opportunities for additional proposals that meet all of the EMPG funding criteria o Identify all projects that will be submitted by January 3rd, 2017 2017 January 3, 2017 Op. Area Signatories o All proposals and/or updated proposals due to EMPG Grant Manager January 24, 2017 OAS Meeting o Identify which proposals should be submitted for EMPG funding o Identify which proposals are below the line, if/when additional funds become available in the future. This should include some short timeframe projects that don’t require an RFP, MOU or EHP.  Voting members may make modifications to proposals during the meeting with the agreement of the original project proposers as long as these modifications are consistent with the original goals and objectives of the project  Cast votes February 23, 2017 OAC Quarterly Meeting Emergency Operational Area Council o Receive Op. Area project and “contingency project” proposals for EMPG FY 2017 with OAS recommendations o Ask questions of the project requestors (Project requestors need to attend the meeting and be ready to answer questions about their project) o Propose their own projects (if applicable) o Review content for May 26 vote May 25, 2017 OAC Quarterly Meeting Operational Area Council o Approve specific project allocation amounts o Cast their votes on both primary projects and below the line projects for EMPG FY 2017. July-August 2017 CalOES Announces EMPG FY17 Funding Opportunity o EMPG FY17 Grant Application Opens July-September 2017 EMPG Grant Manager o Submits EMPG FY17 Grant Application with approved Projects 79 FY17-Project Request-EMPG EOC Laptops 1 2017 EMPG Project Proposal Request Timeline and Template I. Background Information I A. Requestor Contact Information Agency Santa Clara County Operational Area Name Ivan Williams Position/Title OAC Liaison/Senior Management Analyst Phone 408-808-7835 Mobile Number Agency Address Office of Emergency Services 55 West Younger Avenue, Suite 450 San Jose, CA 95110 Email ivan.williams@oes.sccgov.org I B. Project Name EOC Computers TOTAL PROJECT COST (Insert the total from Funding section) $50,000 I C. Project Type Use the checkbox to indicate corresponding project ☐ This project is a new Project. ☒ This project is part of an ongoing Project. ☐ This project is for sustainment of a previously funded Project. I D. Mission Areas (Solution Area) - Use the checkbox to indicate the corresponding mission area for your project ☐ Planning ☐ Organization ☒ Equipment ☐ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community Outreach ☐ Conference ☐ Develop and Enhance Plans, Protocols and Systems ☐ Staffing ☐ Day to Day Activities/ /operations that support emergency management ☒ Information Technology ☐ Cyber Security Enhancement Equipment ☐ Interoperable Communications Equipment ☐ Other Authorized Equipment ☐ Staff Expenses ☐ Course Development ☐ Course Delivery and Evaluation ☐ Staff Expenses ☐ Certification / Recertification of instructors ☐ Design/Develop ☐ Conduct / Attend / Evaluate ☐ Supplies / Materials / Production Costs 80 FY17-Project Request-EMPG EOC Laptops 2 I E. Project Description - Briefly describe exactly what the project entails, what purchases and/or personnel will be necessary for the project This project will enable Operational Area emergency managers to fully leverage data communication capabilities and sharing of critical information in their EOCs. Computers support response and mitigation during emergencies and disasters via common operating picture and resource management web based programs such as Web EOC, HSIN, COPLink, Mutualink, etc. as well as by supporting situational awareness. Eligibility of Operational Area jurisdictions for this funding is based on the following criteria: Equipment criteria •Funding is primarily for laptops, not for tablets, iPads or other devices. •Written justification must be provided if funding is requested for tablets, iPads, or any other computing devices. This written justification must identify the computing devices currently used in the City/Town EOC as well as why a non-Laptop device is required. These requests will be evaluated and approved on an individual basis. •Funding is primarily for replacement of existing EOC laptops that are at least 4 years old. •Written justification must be provided if funding is requested for additional laptop capacity (i.e. non-replacement laptops) in the City/Town EOC. This written justification must identify the specific EOC needs the additional laptop(s) would provide for as well as specifically how the laptop will be used in the EOC during an activation. These requests will be evaluated and approved on an individual basis. •Funding is limited to a maximum of $1,600 per computing device (including all peripherals, tax and shipping). •Grant funds cannot be used to purchase warranties, maintenance/service agreements, or software that aren’t bundled/included with the laptop. •Any computing device purchased under this project must be capable of running WebEOC—e.g. able to connect to the city/town network and run the necessary browser or other software to access WebEOC. City/Town Criteria •The City/Town must email their intent to use EMPG funding for computing devices—along with the number and type (e.g. 81 FY17-Project Request-EMPG EOC Laptops 3 laptop) of devices and any required justifications—by October 1, 2017. •Each City/Town must enter into an MOU with the County for the computers by December 31, 2017. •Each City/Town must procure any approved computers under an existing competitive contract OR obtain bids in accordance with local (City/Town) and Federal procurement rules (whichever is more restrictive). Each City/Town must procure any approved computers and submit all invoices to the County Office of Emergency Services by February 15, 2018. I F. Does this project require a sole source? ☐ Yes If “Yes”, please explain ☒ No N/A I G. Installation - Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures? ☐ Yes, If “Yes”, please: ☒ No 1.Provide an explanation AND 2.Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 82 FY17-Project Request-EMPG EOC Laptops 4 II.ALIGNMENT WITH NATIONAL PREPAREDNESS GOALS by Core Capability and Mission Area II A. Goals and Objectives - Use the checkbox to indicate which Core Capability will be developed or sustained. 1 ☒Planning. Conduct a systematic process engaging the whole community as appropriate in the development of executable strategic, operational, and/or tactical-level approaches to meet defined objectives. 2 ☒Public Information and Warning. Deliver coordinated, prompt, reliable, and actionable information to the whole community through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding any threat or hazard and, as appropriate, the actions being taken and the assistance being made available. 3 ☒Operational Coordination. Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. 4 ☐Mitigation. Core Capabilities: Community Resilience; Long-term Vulnerability Reduction; Risk and Disaster Resilience Assessment; and Threats and Hazards Identification 5 ☒Response. Core Capabilities: Infrastructure Systems; Critical Transportation; Environmental Response/Health and Safety; Fatality Management Services; Fire Management and Suppression; Logistics and Supply Chain Management; Mass Care Services; Mass Search and Rescue Operations; On-scene Security, Protection and Law Enforcement; Operational Communications; Public Health, Healthcare, and Emergency Medical Services; and Situational Assessment 6 ☒Recovery. Core Capabilities: Infrastructure Systems; Economic Recovery; Health and Social Services; Housing; Natural and Cultural Resources III.FUNDING III A. Proposed funding amount - Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements. (Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded. ELEMENT PROPOSED FUNDING ☐Planning $ ☒Equipment $50,000 ☐Management & Administration $ ☐Training $ ☐Exercise $ TOTAL PROJECT COSTS $50,000 83 FY17-Project Request-EMPG EOC Laptops 5 Description of Expenditures That Will Be Used for Project Grant Match Hours/ labor of non-grant funded direct personnel costs spent on obtaining, configuring, managing, and testing EOC laptops and other EOC equipment throughout the Operational Area. Additionally, the cost of internet service and other eligible equipment for EOCs may be included in the match. The County General Fund and other local jurisdiction general funds are the source of this Cash Match. AEL # Equipment - Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/media-library/assets/documents/101566 ☒ 04HW-01-INHW Information Technology ☐Cyber Security Enhancement Equipment ☐Interoperable Communications Equipment ☐Detection Equipment ☐CBRNE Reference Materials ☐CBRNE Incident Response Vehicle ☐Physical Security Enhancement Equipment ☐Power Equipment ☐CBRNE Logistical Support Equipment ☐Other Authorized Equipment: Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding - List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side) ELEMENT PROPOSED FUNDING ☐UASI $ ☐SHSGP $ ☐General Funds $ ☐Other Grant Funds $ TOTAL OTHER FUNDING $ Other Funds: - Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project. 84 FY17-Project Request-EMPG EOC Laptops 6 IV.PROJECT MANAGEMENT AND IMPLEMENTATION IV A. Milestones - Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2017 EMPG. - No start date should begin before July 1, 2017 and no end date should end after June 30, 2018. - These dates are subject to change based on notification of application approval. - No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent. - If unsure of exact dates, use Quarter timeframes MILESTONE NUMBER MILESTONE NAME/DESCRIPTION(1,000 CHARACTER LIMIT) START DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 END DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 1 MOU between City/Town and County in Place As early as July 1, 2017 December 31, 2017 2 Functional Timesheet Collection and Submission to Grant Manager for Project Grant Match July 1, 2017 June 30, 2018 3 Environmental Historic Preservation (EHP) FEMA Review Completed (If applicable) As early as August 1, 2017 January 31, 2018 4 City/ Town Performance Period As early as July 1, 2017 No later than March 31, 2018 5 City/Town Service Agreement for Contracted Services As early as July 1, 2017 No later than March 31, 2018 6 City/Town Procurement of EOC Laptops (once grant award is made and MOU is signed) As early as October 1, 2017 No later than March 31, 2018 7 8 9 10 IV B. Project Outcomes - Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should demonstrate improvement towards building capabilities. EOC laptops will increase the ability for first responders and emergency managers to effectively collect and provide information and data throughout the operational area and region. In addition they enhance local emergency managers’ abilities to respond to and mitigate the emergency or disaster. IV C. Project Deliverables - Describe the specific deliverables that will be produced as a result of this project. EOC laptops for jurisdictions within the Operational Area capable of supporting WebEOC, HSIN, COPLink, and WebLink as well as the other work of an Emergency Operations Center during a disaster. 85 FY17-Project Request-EMPG EOC Laptops 7 V. Project Timeline YEAR DATE & MEETINGS OWNERS & TASKS 2016 November 22 2016 OAS Meeting EMPG Grant Manager o Initiates Op. Area EMPG FY17 Project Proposals November 22, 2016 to January 3, 2017 Op. Area Signatories o Submit their Projects Proposals to EMPG Grant Manager December 27 OAS Meeting Op. Area Signatories o Discuss proposed projects o Brainstorm additional project proposals o Discussion of Op. Area needs may generate new ideas and opportunities for additional proposals that meet all of the EMPG funding criteria o Identify all projects that will be submitted by January 3rd, 2017 2017 January 3, 2017 Op. Area Signatories o All proposals and/or updated proposals due to EMPG Grant Manager January 24, 2017 OAS Meeting o Identify which proposals should be submitted for EMPG funding o Identify which proposals are below the line, if/when additional funds become available in the future. This should include some short timeframe projects that don’t require an RFP, MOU or EHP.  Voting members may make modifications to proposals during the meeting with the agreement of the original project proposers as long as these modifications are consistent with the original goals and objectives of the project  Cast votes February 23, 2017 OAC Quarterly Meeting Emergency Operational Area Council o Receive Op. Area project and “contingency project” proposals for EMPG FY 2017 with OAS recommendations o Ask questions of the project requestors (Project requestors need to attend the meeting and be ready to answer questions about their project) o Propose their own projects (if applicable) o Review content for May 26 vote May 25, 2017 OAC Quarterly Meeting Operational Area Council o Approve specific project allocation amounts o Cast their votes on both primary projects and below the line projects for EMPG FY 2017. July-August 2017 CalOES Announces EMPG FY17 Funding Opportunity o EMPG FY17 Grant Application Opens July-September 2017 EMPG Grant Manager o Submits EMPG FY17 Grant Application with approved Projects 86 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 1 2017 EMPG Project Proposal Request & Timeline I. Background Information I A. Requestor Contact Information Agency City of Saratoga Name Michael Taylor Position/Title Recreation & Facilities Director, Risk Manager Phone 408-868-1250 Mobile Number 650-888-9020 Agency Address 19655 Allendale Avenue – Saratoga, CA 95070 Email mtaylor@saratoga.ca.us I B. Project Name CERT trailer TOTAL PROJECT COST (Insert the total from Funding section) $16,000 I C. Project Type Use the checkbox to indicate corresponding project ☒ This project is a new Project. ☐ This project is part of an ongoing Project. ☐ This project is for sustainment of a previously funded Project. I D. Mission Areas (Solution Area) - Use the checkbox to indicate the corresponding mission area for your project ☐ Planning ☐ Organization ☒ Equipment ☐ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community Outreach ☐ Conference ☐ Develop and Enhance Plans, Protocols and Systems ☐ Staffing ☐ Day to Day Activities/ /operations that support emergency management ☐ Information Technology ☐ Cyber Security Enhancement Equipment ☐ Interoperable Communications Equipment ☒ Other Authorized Equipment ☐ Staff Expenses ☐ Course Development ☐ Course Delivery and Evaluation ☐ Staff Expenses ☐ Certification / Recertification of instructors ☐ Design/Develop ☐ Conduct / Attend / Evaluate ☐ Supplies / Materials / Production Costs 87 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 2 I E. Project Description - Briefly describe exactly what the project entails, what purchases and/or personnel will be necessary for the project This project will provide for the purchase of a dedicated mobile Community Emergency Response Team (CERT) trailer to be used in conjunction with the two existing permanent CERT storage units. The project entails the purchase of a suitable enclosed trailer for the transportation and storage of CERT equipment. CERT team equipment includes: • First Aid supplies, including AED • Tools (shovels, picks, pry bars) for debris clearance and rescue • Personal Protective Equipment (gloves, goggles, hard hats, etc.) • Portable lighting • Fire extinguisher • Portable public address systems • Dimensional lumber for use as cribbing • Communications devices (radios) • Additional supplies to support ongoing activities I F. Does this project require a sole source? ☐ Yes If “Yes”, please explain ☒ No N/A I G. Installation - Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures? ☐ Yes, If “Yes”, please: ☒ No 1. Provide an explanation AND 2. Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 88 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 3 II. ALIGNMENT WITH NATIONAL PREPAREDNESS GOALS by Core Capability and Mission Area II A. Goals and Objectives - Use the checkbox to indicate which Core Capability will be developed or sustained. 1 ☒ Planning. Conduct a systematic process engaging the whole community as appropriate in the development of executable strategic, operational, and/or tactical-level approaches to meet defined objectives. 2 ☒ Public Information and Warning. Deliver coordinated, prompt, reliable, and actionable information to the whole community through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding any threat or hazard and, as appropriate, the actions being taken and the assistance being made available. 3 ☒ Operational Coordination. Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. 4 ☒ Mitigation. Core Capabilities: Community Resilience; Long-term Vulnerability Reduction; Risk and Disaster Resilience Assessment; and Threats and Hazards Identification 5 ☒ Response. Core Capabilities: Infrastructure Systems; Critical Transportation; Environmental Response/Health and Safety; Fatality Management Services; Fire Management and Suppression; Logistics and Supply Chain Management; Mass Care Services; Mass Search and Rescue Operations; On-scene Security, Protection and Law Enforcement; Operational Communications; Public Health, Healthcare, and Emergency Medical Services; and Situational Assessment 6 ☒ Recovery. Core Capabilities: Infrastructure Systems; Economic Recovery; Health and Social Services; Housing; Natural and Cultural Resources III. FUNDING III A. Proposed funding amount - Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements. (Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded. ELEMENT PROPOSED FUNDING ☐ Planning $ ☒ Equipment $ 16,000 ☐ Management & Administration $ ☐ Training $ ☐ Exercise $ 89 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 4 TOTAL PROJECT COSTS $ 16,000 Description of Expenditures That Will Be Used for Project Grant Match Staff hours/labor of non-grant funded direct personnel costs spent on obtaining, configuring, organizing, and managing the CERT vehicles are included in the match. Also, City General Fund moneys will be the source of matching funds. AEL # Equipment - Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/media-library/assets/documents/101566 ☐Information Technology ☐Cyber Security Enhancement Equipment ☐Interoperable Communications Equipment ☐Detection Equipment ☐CBRNE Reference Materials X 12TR-00-TEQP CBRNE Incident Response Vehicle ☐Physical Security Enhancement Equipment ☐Power Equipment ☐CBRNE Logistical Support Equipment ☐Other Authorized Equipment: Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding - List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side) ELEMENT PROPOSED FUNDING ☐UASI $ ☐SHSGP $ ☐General Funds $ ☐Other Grant Funds $ TOTAL OTHER FUNDING $ Other Funds: - Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project. 90 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 5 IV. PROJECT MANAGEMENT AND IMPLEMENTATION IV A. Milestones - Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2017 EMPG. - No start date should begin before July 1, 2017 and no end date should end after June 30, 2018. - These dates are subject to change based on notification of application approval. - No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent. - If unsure of exact dates, use Quarter timeframes MILESTONE NUMBER MILESTONE NAME/DESCRIPTION (1,000 CHARACTER LIMIT) START DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 END DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 1 MOU between City/Town and County in Place As early as July 1, 2017 December 31, 2017 2 Functional Timesheet Collection and Submission to Grant Manager for Project Grant Match July 1, 2017 June 30, 2018 3 Environmental Historic Preservation (EHP) FEMA Review Completed (If applicable) As early as August 1, 2017 January 31, 2018 4 City/ Town Performance Period As early as July 1, 2017 No later than March 31, 2018 5 City/Town Service Agreement for Contracted Services As early as July 1, 2017 No later than March 31, 2018 6 City/Town Procurement of Project Equipment (once grant award is made and MOU is signed) As early as October 1, 2017 No later than March 31, 2018 7 8 9 10 IV B. Project Outcomes - Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should demonstrate improvement towards building capabilities. IV C. Project Deliverables - Describe the specific deliverables that will be produced as a result of this project. 91 2016-11-23 City of Saratoga 2016-11-23 City of Saratoga FY17 EMPG Project Request – CERT trailersV2 – CERT trailers 6 V. Project Timeline YEAR DATE & MEETINGS OWNERS & TASKS 2016 November 22 2016 OAS Meeting EMPG Grant Manager o Initiates Op. Area EMPG FY17 Project Proposals November 22, 2016 to January 3, 2017 Op. Area Signatories o Submit their Projects Proposals to EMPG Grant Manager December 27 OAS Meeting Op. Area Signatories o Discuss proposed projects o Brainstorm additional project proposals o Discussion of Op. Area needs may generate new ideas and opportunities for additional proposals that meet all of the EMPG funding criteria o Identify all projects that will be submitted by January 3rd, 2017 2017 January 3, 2017 Op. Area Signatories o All proposals and/or updated proposals due to EMPG Grant Manager January 24, 2017 OAS Meeting o Identify which proposals should be submitted for EMPG funding o Identify which proposals are below the line, if/when additional funds become available in the future. This should include some short timeframe projects that don’t require an RFP, MOU or EHP.  Voting members may make modifications to proposals during the meeting with the agreement of the original project proposers as long as these modifications are consistent with the original goals and objectives of the project  Cast votes February 23, 2017 OAC Quarterly Meeting Emergency Operational Area Council o Receive Op. Area project and “contingency project” proposals for EMPG FY 2017 with OAS recommendations o Ask questions of the project requestors (Project requestors need to attend the meeting and be ready to answer questions about their project) o Propose their own projects (if applicable) o Review content for May 26 vote May 25, 2017 OAC Quarterly Meeting Operational Area Council o Approve specific project allocation amounts o Cast their votes on both primary projects and below the line projects for EMPG FY 2017. July-August 2017 CalOES Announces EMPG FY17 Funding Opportunity o EMPG FY17 Grant Application Opens July-September 2017 EMPG Grant Manager o Submits EMPG FY17 Grant Application with approved Projects 92 FY17-Project Request-EMPG EM Professional Development and Training 1 2017 EMPG Project Proposal Request Timeline and Template I. Background Information I A. Requestor Contact Information Agency Santa Clara County OES on behalf of the Santa Clara County Operational Area Name Ivan Williams Position/Title OAC Liaison/Senior Management Analyst Phone 408-808-7835 Mobile Number Agency Address Office of Emergency Services 55 West Younger Avenue, Suite 450 San Jose, CA 95110 Email ivan.williams@oes.sccgov.org I B. Project Name Emergency Manager Training & Professional Development TOTAL PROJECT COST (Insert the total from Funding section) $12,000 I C. Project Type Use the checkbox to indicate corresponding project ☒ This project is a new Project. ☐ This project is part of an ongoing Project. ☐ This project is for sustainment of a previously funded Project. I D. Mission Areas (Solution Area) - Use the checkbox to indicate the corresponding mission area for your project ☐ Planning ☐ Organization ☐ Equipment ☒ Training ☐ Exercises Choose ONLY one Sub Area (Sub Category) for Mission Areas above ☐ Community Outreach ☐ Conference ☐ Develop and Enhance Plans, Protocols and Systems ☐ Staffing ☐ Day to Day Activities/ /operations that support emergency management ☐ Information Technology ☐ Cyber Security Enhancement Equipment ☐ Interoperable Communications Equipment ☐ Other Authorized Equipment ☒ Staff Expenses ☐ Course Development ☐ Course Delivery and Evaluation ☐ Staff Expenses ☐ Certification / Recertification of instructors ☐ Design/Develop ☐ Conduct / Attend / Evaluate ☐ Supplies / Materials / Production Costs 93 FY17-Project Request-EMPG EM Professional Development and Training 2 I E. Project Description - Briefly describe exactly what the project entails, what purchases and/or personnel will be necessary for the project This project provides support and assistance to Emergency Managers who are interested in training directed toward emergency management certification—e.g. Certified Emergency Manager (IAEM), FEMA Professional Development Series, or CSTI Emergency Manager Specialist—or emergency management continuing education/professional development. Specific qualifying courses include, but are not limited to: G-775 EOC Management and Operations; G-191 ICS/EOC Interface; G- 557 (G250.7) Rapid Assessment Workshop; G-205 (G270.4 or L-205, E-210) Recovery from Disaster; The Local Role; G-393 or G-318 Mitigation for Emergency Managers; G-288 Local Volunteer and Donations Management; G-364 Multi-Hazard Emergency Planning for Schools or L-363 Multi-Hazard Planning for Higher Education; G-202 Debris Management or E-202 Debris Management Planning for State, Local and Tribal Officials; G-386 Mass Fatalities; G-361 Flood Fight Operations; G-110 Emergency Management Operations Course for Local Governments OR 1 of the following (E900, E-905, E-910, E-920, E-930, E-945 or E- 947); G-108 Community Mass Care and Emergency Assistance; E-358 Evacuation and Re-entry Planning; G-290 Basic Public Information Officers or E-388 Advanced Public Information Officer; G-271 Hazardous Weather & Flood Preparedness or IS- 271 Anticipating Hazardous Weather and Community Risk; G-272 Warning Coordination; E/L/G-146 Homeland Security Exercise and Evaluation Program (HSEEP); G-366 Planning for the Needs of Children in Disaster; G235 Emergency Planning; G-626 EOC Action Planning; E-4 Intro to Emergency Management: Earthquake; EOC Action Planning or Essentials EOC Action Planning; EOC Section/ Position Specific Training; Enhanced Exercise Design, Conduct & Evaluation; ICS- 402 Incident Command System; Medical Health Operations Center Support Activities; SEMS Introductory Course; SEMS/NIMS Combined Course or Combined Course TTT; SEMS Executive Management Course or SEMS Executive Course Grant funding is only available for pre-approved qualifying course registration, related travel and lodging. Grant funding is specifically not available for: 1) meal reimbursement or per diem; 2) Emergency Manager regular time, overtime or backfill spent attending training; or 3) for “IS” (Independent Study) courses. Grant funding is limited to 90% of the total pre-approved qualifying course registration and related travel and lodging expenses (excluding any meal reimbursement and per diem). I F. Does this project require a sole source? ☐ Yes If “Yes”, please explain ☒ No N/A I G. Installation - Does this project require installation, new construction or renovation, retrofitting, or modification of existing structures? ☐ Yes, If “Yes”, please: ☒ No 1. Provide an explanation AND 94 FY17-Project Request-EMPG EM Professional Development and Training 3 2. Attach a completed Environmental and Historic Preservation screening form (EHP) available from http://www.fema.gov/media-library/assets/documents/90195 II. ALIGNMENT WITH NATIONAL PREPAREDNESS GOALS by Core Capability and Mission Area II A. Goals and Objectives - Use the checkbox to indicate which Core Capability will be developed or sustained. 1 ☒ Planning. Conduct a systematic process engaging the whole community as appropriate in the development of executable strategic, operational, and/or tactical-level approaches to meet defined objectives. 2 ☒ Public Information and Warning. Deliver coordinated, prompt, reliable, and actionable information to the whole community through the use of clear, consistent, accessible, and culturally and linguistically appropriate methods to effectively relay information regarding any threat or hazard and, as appropriate, the actions being taken and the assistance being made available. 3 ☒ Operational Coordination. Establish and maintain a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of core capabilities. 4 ☒ Mitigation. Core Capabilities: Community Resilience; Long-term Vulnerability Reduction; Risk and Disaster Resilience Assessment; and Threats and Hazards Identification 5 ☒ Response. Core Capabilities: Infrastructure Systems; Critical Transportation; Environmental Response/Health and Safety; Fatality Management Services; Fire Management and Suppression; Logistics and Supply Chain Management; Mass Care Services; Mass Search and Rescue Operations; On-scene Security, Protection and Law Enforcement; Operational Communications; Public Health, Healthcare, and Emergency Medical Services; and Situational Assessment 6 ☒ Recovery. Core Capabilities: Infrastructure Systems; Economic Recovery; Health and Social Services; Housing; Natural and Cultural Resources III. FUNDING III A. Proposed funding amount - Provide the proposed funding amount to be obligated from this Project towards Planning and Equipment elements. (Please check the appropriate box(es) on the left side for all that apply). - Also, for each funding area selected, provide a brief narrative below describing the items or services being funded. ELEMENT PROPOSED FUNDING ☐ Planning $ ☐ Equipment $ 95 FY17-Project Request-EMPG EM Professional Development and Training 4 ☐ Management & Administration $ ☒ Training $12,000 ☐ Exercise $ TOTAL PROJECT COSTS $12,000 Description of Expenditures That Will Be Used for Project Grant Match Emergency Managers time spent on Emergency Management planning, developing training, conducting exercises, or on emergency management logistics activities. AEL # Equipment - Use this link to locate and provide the Authorized Equipment number needed for equipment approval https://www.fema.gov/media-library/assets/documents/101566 ☐ Information Technology ☐ Cyber Security Enhancement Equipment ☐ Interoperable Communications Equipment ☐ Detection Equipment ☐ CBRNE Reference Materials ☐ CBRNE Incident Response Vehicle ☐ Physical Security Enhancement Equipment ☐ Power Equipment ☐ CBRNE Logistical Support Equipment ☐ Other Authorized Equipment: Contact grants manager prior to selected this sub-category III B. Other Source(s) of funding - List other source(s) of funding that is being requested or utilized for this project (check the appropriate box(es) on the left side) ELEMENT PROPOSED FUNDING ☐ UASI $ ☐ SHSGP $ ☒ General Funds $Unknown ☐ Other Grant Funds $ TOTAL OTHER FUNDING $Unknown Other Funds: - Explain how any other funds, such as general funds, UASI, etc., will be used to assist in implementation of this project. 96 FY17-Project Request-EMPG EM Professional Development and Training 5 Local funds may be used to pay for meal reimbursement, per diem, and the 10% of registration, travel, and lodging expenditures that aren’t eligible for grant funding. IV. PROJECT MANAGEMENT AND IMPLEMENTATION IV A. Milestones - Identify up to 5 additional milestones, with start and end dates, which will be achieved within the performance period under the 2017 EMPG. - No start date should begin before July 1, 2017 and no end date should end after June 30, 2018. - These dates are subject to change based on notification of application approval. - No equipment may be purchased, contracts started or project costs incurred until notified by Grant Administrator that funds may be spent. - If unsure of exact dates, use Quarter timeframes MILESTONE NUMBER MILESTONE NAME/DESCRIPTION (1,000 CHARACTER LIMIT) START DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 END DATE (MM/DD/YYYY)OR Q1, Q2, Q3, Q4 1 MOU between City/Town and County in Place As early as July 1, 2017 December 31, 2017 2 Functional Timesheet Collection and Submission to Grant Manager for Project Grant Match July 1, 2017 June 30, 2018 3 City/ Town Performance Period As early as July 1, 2017 No later than April 30, 2018 4 Conference/Training Attendance September 2017 April 2018 5 City/Town Submission of Invoices and supporting documentation for reimbursement. As early as September 2017 No later than April 30, 2018 6 7 8 9 10 IV B. Project Outcomes - Describe the outcomes and benefits that will be achieved as a result of this project. The outcomes should demonstrate improvement towards building capabilities. Professional growth, development and improved effectiveness of Op Area Emergency Managers via relevant training, certification, and mentoring experiences. IV C. Project Deliverables - Describe the specific deliverables that will be produced as a result of this project. 97 FY17-Project Request-EMPG EM Professional Development and Training 6 Multiple Emergency Managers (4+) from across the Operational Area attend and participate in one or more qualified emergency management training sessions. 98 FY17-Project Request-EMPG EM Professional Development and Training 7 V. Project Timeline YEAR DATE & MEETINGS OWNERS & TASKS 2016 November 22 2016 OAS Meeting EMPG Grant Manager o Initiates Op. Area EMPG FY17 Project Proposals November 22, 2016 to January 3, 2017 Op. Area Signatories o Submit their Projects Proposals to EMPG Grant Manager December 27 OAS Meeting Op. Area Signatories o Discuss proposed projects o Brainstorm additional project proposals o Discussion of Op. Area needs may generate new ideas and opportunities for additional proposals that meet all of the EMPG funding criteria o Identify all projects that will be submitted by January 3rd, 2017 2017 January 3, 2017 Op. Area Signatories o All proposals and/or updated proposals due to EMPG Grant Manager January 24, 2017 OAS Meeting o Identify which proposals should be submitted for EMPG funding o Identify which proposals are below the line, if/when additional funds become available in the future. This should include some short timeframe projects that don’t require an RFP, MOU or EHP.  Voting members may make modifications to proposals during the meeting with the agreement of the original project proposers as long as these modifications are consistent with the original goals and objectives of the project  Cast votes February 23, 2017 OAC Quarterly Meeting Emergency Operational Area Council o Receive Op. Area project and “contingency project” proposals for EMPG FY 2017 with OAS recommendations o Ask questions of the project requestors (Project requestors need to attend the meeting and be ready to answer questions about their project) o Propose their own projects (if applicable) o Review content for May 26 vote May 25, 2017 OAC Quarterly Meeting Operational Area Council o Approve specific project allocation amounts o Cast their votes on both primary projects and below the line projects for EMPG FY 2017. July-August 2017 CalOES Announces EMPG FY17 Funding Opportunity o EMPG FY17 Grant Application Opens July-September 2017 EMPG Grant Manager o Submits EMPG FY17 Grant Application with approved Projects 99 WBS # M T W TH F S S M T W TH F S S TOTAL 7/6/15 7/7/15 7/8/15 7/9/15 7/10/15 7/11/15 7/12/15 7/13/15 7/14/15 7/15/15 7/16/15 7/17/15 7/18/15 7/19/15 HOURS A - EMPG Grant Administration 5.0 5.0 4.0 4.0 1.0 2.0 3.0 0.0 1.0 1.0 26.0 B - OAC Liaison C - CSTI Training Project D - CESA Annual Training E - EOC Computers F - CERT Trailer(s) G - Emergency Manager Prof Dev H - EVC Exercise I - IAEM Annual Training J - Disaster Cost Recovery Workshop K - CADRE L - Shelter Trailer/ Cache __ __ Other Emergency Management Hours (Excluding Time Spent Receiving Training) Local Hazard Mitigation Planning (LHMP) Weather Event Recovery Other Federal Grant Hours 4.0 4.0 0.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 36.0 Total Work Hours (Max = 8 a day)8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 8.0 80.0 Employee Signature Supervisor's Signature LABOR DISTRIBUTION TIME SHEET Week Ending First and Last Name City/County Participating 7/16/17 EXAMPLE Sample City 107-G107EM17 PROJECTS HOURS WORKED BY DAY EXHIBIT D 100 FMFW v1.17 - 2017 Alterations to this document may result in delayed application approval, modification requests, or reimbursement requests. Subrecipients may be asked to revise and/or re-submit any altered Financial Management Forms Workbook. 085-00000 2017-0007 Not Subject to FFATA Financial Disclosure Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure CFDA#:EMPG 97.042 which is outlined in FEMA GPD information Bulletin No. 350. Annual Dollar Value of Benefits CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) $25,000,000 or more in annual gross revenues from Federal awards, and • Public Law (PL) 109-282 (Federal Funding Accountability and Transparency Act of 2006), as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (PL 110-252),County of Santa Clara Total CompensationAnnual Salary •FFATA Financial Disclosure is in addition to the Authorized Body of Five page. Executive Name Title then the Subrecipient is subject to the FFATA Financial Disclosure requirements and will need to fill out this form. • Cal OES enters FFATA information on behalf of the Subrecipient. • If the Subrecipient in the preceding year received 80 percent or more of its annual gross revenues in Federal Awards, and the public does not have access to information about the compensation of the senior executives of the entity, Exhibit E 101 ~IUN D G. BROWN JR. /GOVERNOR Octo ber 3, 2017 Garry Herceg Deputy County Execut ive Santa C.Iara County r~·T~:~ Cal OES L_~. -00\/E~INOR'S OFi=IC[ ~ 'OF EMERGENCY SIERVICE.5 55 West Yo un ger Ave., Suite 450 San J ose, CA 95 110 SUBJECT: NOTIFICATION OF APPLICATION APPROVAL FY 1 7 Emergency Management Performance Grant Subawa rd #2017-0007, Cal OES ID: 085-00000 Dear Mr. Herceg: MARK S. G HILARDUCCI DI RECTOR COPY The Cali forn ia Governor's Office of Emergency Services (Cal OES) ha s approv ed your app li cation in the a1'nount of $518,92 1 .. A co py of yo ur approved Sub award is enclosed for your record s. All pay ment"requests must be s ubmitted on the Finan c ial Management Form s Workb oo k, In addition, expend itur es can btil y be made fo r item s listed on you r approved Subaward. Any activitie s requiri ng an En vironmenta l and Historic Pre servati o n (EHP) rev iew and approval are proh ibited from expe nd ing Subaward on those activ it ies until an EHP c l e~rance has been obtained. Fai lu re to ad here to thi s req ui rement will res ult in th e deob li gat ion of Subawa rd fund s. This Subaward is s ubject t o all pol icies and provisions of the S in g le Audit Act of 198 4 and th e Single Audit Act A me ndrn ents of 1996. Any funds rece ived in excess of c urre nt needs, approved amount s, or those fou nd owed as a re s ult of a final in spect ion or audit, mu st be refunded to t he State within 30 days upon receipt of an iiw o ic e from Ca l OES. Quarter ly reports m ust be pre pared a nd submitted to Ca l OES fo r the d uratio n of t he performance period or until a ll acti vities are completed and the Subaward is forma ll y closed. Fai lur e to submit quarter ly report s could result in gra nt reduct ion, s uspension or t ermi nat ion. If yo u have any question s regardi ng th is Jetter, please contact th e Gra nts Proce ss ing Un it at (916 ) 845 -8423. Grants Process ing Unit Enc lo s ur e c: EMPG Coordinator Coastal Re gion S u brecip ient fi le 36 50 SCHRIEVER A VENUE • MATHER, CA 95655 CRJM INAL JUSTI CE/EMERGENCY MANAG EMENT/V ICT IM SERVICES GRANTS PROCE SS IN G UNI T (916) 845-8423 • (9 16 ) 636-3770 Attachment B 102 [1] FY17 EMPG Match Guidance Introduction Determining match for the purposes of submitting grant applications to any agency should be a coordinated process at the local level. It is highly recommended that programmatic staff at the local level consult with their financial staff prior to submitting any grant applications, especially those that identify cash or third-party in-kind match. Types of Match 1.Cash Match. Cash (hard) match includes non-federal cash spent for project related costs, according to the grant program guidance. Allowable cash match must only include those costs which are both identified as allowable in the program guidance, i.e., The DHS FY 2017 Emergency Management Performance Grant (EMPG) Program Notice of Funding Opportunity (NOFO) and are in compliance with the program regulations, i.e., 2 (Code of Federal Regulations) C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2.In-kind Match. In-kind (soft) match includes, but is not limited to, the valuation of in-kind services. “In-kind” is the value of something received or provided by a third-party that does not have a cost associated with it. For example, if in-kind match (other than cash payments) is permitted, then the value of donated services could be used to comply with the match requirement. Also, in-kind contributions may count toward satisfying match requirements provided the subrecipient receiving the contributions expends them as allowable costs in compliance with the DHS FY 2017 EMPG Program NOFO and the 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Definitions •Cost sharing or matching. This means the value of the third party in-kind contributions and the portion of the costs of a federally- assisted project or program not borne by the Federal Government, see 2 C.F.R. § 200.29. All cost sharing or matching funds claimed against a FEMA grant by state, local, or tribal governments must meet the requirements of the grant program guidance and program regulations 2 C.F.R. § 200.306. Attachment D 103 [2] • Cash Match (hard). This includes cash spent for project-related costs under a subaward. Allowable cash match must include only those costs which are allowable, with federal funds, in compliance with the grant program guidance and program regulations and 2 C.F.R. § 200.306. • In-kind Match (soft). This means third-party contributions of the reasonable value of property or services in lieu of cash which benefit a federally-assisted project or program. This type of match may only be used if not restricted or prohibited by program statute, regulation, or guidance and must be supported with source documentation. Only property or services that are in compliance with grant program guidance and program regulations and 2 C.F.R. § 200.306 are allowable. Basic Guidelines • For costs to be eligible to meet matching requirements, the costs must first be allowable under the grant program. • The costs must also be in compliance with all Federal requirements and regulations (see 2 C.F.R. § 200.306); the costs must be verifiable, reasonable, allowable, allocable, and necessary under the grant program. • Records for all expenditures relating to cost sharing or matching must be kept in the same manner as those for the grant funds. • The following documentation is required for third-party cash and in- kind contributions: record of donor; dates of donation; rates for staffing, equipment or usage, supplies, etc.; amounts of donation; and deposit slips for cash contributions; this documentation is to be held at the Applicant and/or sub-applicant level. See 2 C.F.R. 200.302 Financial Management, 2 C.F.R 200.333 Retention Requirements for Records, and 200.403(a-g) Factors affecting allowability of costs. • Except as provided by federal statute, a cost sharing or matching requirement may not be met by costs borne by another federal grant. • The source of the match funds must be identified in the grant application. • Every item must be verifiable, i.e., tracked and documented. 104 [3] • Any claimed cost share expense can only be counted once. Examples (For additional examples of match, please contact your county finance office) • The Emergency Management Director has 50 percent of his/her salary paid from local funds and 50 percent paid from federal grant funds, but he/she provides 100 percent effort in the federal grant program that only pays 50 percent salary. The additional 50 percent of effort/time toward the federal grant program can be claimed as hard (Cash) match. All record keeping requirements to prove the 100 percent time allocation apply. • Non-federally funded equipment or facilities used during exercises can be claimed as soft match, but only at the time of third-party donation. For example, only the fair market price for the use of the facility for the period of the exercise can be claimed as match. • Third party in-kind contributions of salary, travel, equipment, supplies and other budget areas that are from third party sources must be in compliance with 2 C.F.R. §200.306, Cost sharing or matching. These types of contributions include voluntary contributions, such as emergency personnel, lawyers, etc., who donate their time to a federal grant program. The normal per hour rate for these professionals (acting in their professional capacity) can be used to meet the matching requirement. The value of the services provided is taken into consideration when determining the value of the contribution - not who is providing the service. For example, if a lawyer is volunteering his services to assist flood victims in filing legal paper work, the lawyer’s normal hourly rate is allowable. If the lawyer is volunteering his services and is working in a soup kitchen, the lawyer’s hourly rate would not be applicable; it would be the hourly rate for a soup kitchen worker. Governing Provisions • Program Regulations - 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • Reference 2 C.F.R. § 200.306, Cost sharing or matching • Program Guidance - DHS FY 2017 EMPG Program NOFO 105 [4] 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 C.F.R. § 200.306, Cost sharing or matching Cost sharing or matching (a) Under Federal research proposals, voluntary committed cost sharing is not expected. It cannot be used as a factor during the merit review of applications or proposals, but may be considered if it is both in accordance with Federal awarding agency regulations and specified in a notice of funding opportunity. Criteria for considering voluntary committed cost sharing and any other program policy factors that may be used to determine who may receive a Federal award must be explicitly described in the notice of funding opportunity. See also §§200.414 Indirect (F&A) costs, 200.203 Notices of funding opportunities, and Appendix I to Part 200—Full Text of Notice of Funding Opportunity. (b) For all Federal awards, any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, must be accepted as part of the non-Federal entity's cost sharing or matching when such contributions meet all of the following criteria: (1) Are verifiable from the non-Federal entity's records; (2) Are not included as contributions for any other Federal award; (3) Are necessary and reasonable for accomplishment of project or program objectives; (4) Are allowable under Subpart E—Cost Principles of this part; (5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to Cost sharing or matching requirements of other Federal programs; (6) Are provided for in the approved budget when required by the Federal awarding agency; and (7) Conform to other provisions of this part, as applicable. (c) Unrecovered indirect costs, including indirect costs on cost sharing or matching may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the 106 [5] Federal award under the non-Federal entity's approved negotiated indirect cost rate. (d) Values for non-Federal entity contributions of services and property must be established in accordance with the cost principles in Subpart E—Cost Principles. If a Federal awarding agency authorizes the non- Federal entity to donate buildings or land for construction/facilities acquisition projects or long-term use, the value of the donated property for cost sharing or matching must be the lesser of paragraphs (d)(1) or (2) of this section. (1) The value of the remaining life of the property recorded in the non-Federal entity's accounting records at the time of donation. (2) The current fair market value. However, when there is sufficient justification, the Federal awarding agency may approve the use of the current fair market value of the donated property, even if it exceeds the value described in (1) above at the time of donation. (e) Volunteer services furnished by third-party professional and technical personnel, consultants, and other skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved project or program. Rates for third- party volunteer services must be consistent with those paid for similar work by the non-Federal entity. In those instances in which the required skills are not found in the non-Federal entity, rates must be consistent with those paid for similar work in the labor market in which the non-Federal entity competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, necessary, allocable, and otherwise allowable may be included in the valuation. (f) When a third-party organization furnishes the services of an employee, these services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable, and otherwise allowable, and indirect costs at either the third-party organization's approved federally negotiated indirect cost rate or, a rate in accordance with §200.414 Indirect (F&A) costs, paragraph (d), provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. (g) Donated property from third parties may include such items as equipment, office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in 107 [6] the cost sharing or matching share must not exceed the fair market value of the property at the time of the donation. (h) The method used for determining cost sharing or matching for third- party-donated equipment, buildings and land for which title passes to the non-Federal entity may differ according to the purpose of the Federal award, if paragraph (h)(1) or (2) of this section applies. (1) If the purpose of the Federal award is to assist the non-Federal entity in the acquisition of equipment, buildings or land, the aggregate value of the donated property may be claimed as cost sharing or matching. (2) If the purpose of the Federal award is to support activities that require the use of equipment, buildings or land, normally only depreciation charges for equipment and buildings may be made. However, the fair market value of equipment or other capital assets and fair rental charges for land may be allowed, provided that the Federal awarding agency has approved the charges. See also §200.420 Considerations for selected items of cost. (i) The value of donated property must be determined in accordance with the usual accounting policies of the non-Federal entity, with the following qualifications: (1) The value of donated land and buildings must not exceed its fair market value at the time of donation to the non-Federal entity as established by an independent appraiser (e.g., certified real property appraiser or General Services Administration representative) and certified by a responsible official of the non- Federal entity as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) (Uniform Act) except as provided in the implementing regulations at 49 C.F.R. part 24. (2) The value of donated equipment must not exceed the fair market value of equipment of the same age and condition at the time of donation. (3) The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality. (4) The value of loaned equipment must not exceed its fair rental value. 108 [7] (j) For third-party in-kind contributions, the fair market value of goods and services must be documented and to the extent feasible supported by the same methods used internally by the non-Federal entity. (k) For IHEs, see also OMB memorandum M-01-06, dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary Uncommitted Cost Sharing and Tuition Remission Costs. 2 C.F.R. Part 200, Subpart E – Cost Principles, General Provisions, Basic Considerations §200.402 Composition of costs. Total cost. The total cost of a Federal award is the sum of the allowable direct and allocable indirect costs less any applicable credits. §200.403 Factors affecting allowability of costs. Except where otherwise authorized by statute, costs must meet the following general criteria in order to be allowable under Federal awards: (a) Be necessary and reasonable for the performance of the Federal award and be allocable thereto under these principles. (b) Conform to any limitations or exclusions set forth in these principles or in the Federal award as to types or amount of cost items. (c) Be consistent with policies and procedures that apply uniformly to both federally-financed and other activities of the non-Federal entity. (d) Be accorded consistent treatment. A cost may not be assigned to a Federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the Federal award as an indirect cost. (e) Be determined in accordance with generally accepted accounting principles (GAAP), except, for state and local governments and Indian tribes only, as otherwise provided for in this part. (f) Not be included as a cost or used to meet cost sharing or matching requirements of any other federally-financed program in either the current or a prior period. See also §200.306 Cost sharing or matching paragraph (b). (g) Be adequately documented. See also §§200.300 Statutory and national policy requirements through 200.309 Period of performance of this part. §200.404 Reasonable costs. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. The question of reasonableness is particularly important when the non-Federal entity is predominantly federally- 109 [8] funded. In determining reasonableness of a given cost, consideration must be given to: (a) Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the non-Federal entity or the proper and efficient performance of the Federal award. (b) The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; Federal, state, local, tribal, and other laws and regulations; and terms and conditions of the Federal award. (c) Market prices for comparable goods or services for the geographic area. (d) Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the non-Federal entity, its employees, where applicable its students or membership, the public at large, and the Federal Government. (e) Whether the non-Federal entity significantly deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase the Federal award's cost. §200.405 Allocable costs. (a) A cost is allocable to a particular Federal award or other cost objective if the goods or services involved are chargeable or assignable to that Federal award or cost objective in accordance with relative benefits received. This standard is met if the cost: (1) Is incurred specifically for the Federal award; (2) Benefits both the Federal award and other work of the non- Federal entity and can be distributed in proportions that may be approximated using reasonable methods; and (3) Is necessary to the overall operation of the non-Federal entity and is assignable in part to the Federal award in accordance with the principles in this subpart. (b) All activities which benefit from the non-Federal entity's indirect (F&A) cost, including unallowable activities and donated services by the non-Federal entity or third parties, will receive an appropriate allocation of indirect costs. (c) Any cost allocable to a particular Federal award under the principles provided for in this part may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the 110 [9] non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. (d) Direct cost allocation principles. If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. If a cost benefits two or more projects or activities in proportions that cannot be determined because of the interrelationship of the work involved, then, notwithstanding paragraph (c) of this section, the costs may be allocated or transferred to benefitted projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved when no longer needed for the purpose for which it was originally required. See also §§200.310 Insurance coverage through 200.316 Property trust relationship and 200.439 Equipment and other capital expenditures. (e) If the contract is subject to CAS, costs must be allocated to the contract pursuant to the Cost Accounting Standards. To the extent that CAS is applicable, the allocation of costs in accordance with CAS takes precedence over the allocation provisions in this part. §200.406 Applicable credits. (a) Applicable credits refer to those receipts or reduction-of- expenditure-type transactions that offset or reduce expense items allocable to the Federal award as direct or indirect (F&A) costs. Examples of such transactions are: purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance refunds or rebates, and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to or received by the non-Federal entity relate to allowable costs, they must be credited to the Federal award either as a cost reduction or cash refund, as appropriate. (b) In some instances, the amounts received from the Federal Government to finance activities or service operations of the non- Federal entity should be treated as applicable credits. Specifically, the concept of netting such credit items (including any amounts used to meet cost sharing or matching requirements) must be recognized in determining the rates or amounts to be charged to the Federal award. (See §§200.436 Depreciation and 200.468 Specialized service facilities, for areas of potential application in the matter of Federal financing of activities.) 111 Attachment E RESOLUTION NO. 2017- A RESOLUTION OF THE CITY OF SARATOGA AUTHORIZING THE ADOPTION OF THE MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA COUNTY OPERATIONAL AREA FOR FUNDING THROUGH THE HAZARD MITIGATION PERFORMANCE GRANT WHEREAS, all of Santa Clara County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS; pro-active mitigation of known hazards before a disaster event can reduce or eliminate long- term risk to life and property; and WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Reform Act of 2006, as amended (6 U.S.C. § 762). Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from all hazards and to vest responsibility for emergency preparedness jointly in the Federal government, States and their political subdivisions.; and WHEREAS; a coalition of Santa Clara County, Cities, Towns and Special Districts with like planning objectives has been formed to pool resources and create consistent mitigation strategies within the Santa Clara County Operational Area planning area; and WHEREAS, the coalition has accepted the City of Saratoga grant funding application for 2017; NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga: 1.) Adopts in its entirety, the Memorandum of Understanding (MOU) with the Santa Clara County Operating Area for Emergency Management Performance Grant (EMPG) funding in the amount of up to $50,859. 2.) Will use the adopted and approved portions of the EMPG to purchase new laptop computers for the Saratoga Emergency Operations Center (EOC). 3.) Will use the adopted and approved portions of the EMPG to purchase a mobile Community Emergency Response (CERT) trailer and materials and supplies. 4.) Will use the adopted and approved portions of the EMPG to fund professional development classes and trainings, including attendance at the California Emergency Services Association (CESA) Conference. PASSED AND ADOPTED on this 15th day of November, 2017, by the following vote: YES: NO: ABSENT: ABSTAIN: ATTEST:_______________________________________________________ City Clerk 112 Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE:November 15, 2017 DEPARTMENT:Public Works PREPARED BY:Macedonio Nunez, Associate Engineer ______ SUBJECT: Resolution to adopt a list of projects funded by SB 1: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. RECOMMENDED ACTION: Adopt Resolution to adopt a list of projects funded by SB 1: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. BACKGROUND: In October 2017, Public Works staff submitted the City of Saratoga’s Local Streets and Roadway Funding Annual Reporting to the California Transportation Commission (CTC) for funding to the City’s Annual Roadway Improvements Project. This fund consists of a total FY 17-18 Revenue for Local Streets and Roads of $170,740 by the Road Maintenance and Rehabilitation Account (RMRA). The City is required to submit an approved Resolution to adopt a list of projects funded by SB 1: The Road Repair and Accountability Act in order to receive the funds. The Resolution is attached as Attachment A. The City’s proposed project is the City’s Annual Roadway Improvements Project. City’s Annual Roadway Improvements Project Limits: City Wide Detailed Description: This pavement maintenance project will rehabilitate city roadways to improve the overall Pavement Condition Index (PCI) and safety. The project will consists of asphalt concrete (AC ) overlay, Repair Failed Street Sections , micro-surfacing , traffic loops, curb and gutter, ADA ramps and re-striping of both traffic lanes and bike lanes. ATTACHMENTS: Attachment A – Resolution 113 RESOLUTION NO._______ RESOLUTION TO ADOPT A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Saratoga are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Saratoga must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Saratoga, will receive an estimated $170,740 in RMRA funding in Fiscal Year 2017-18 from SB 1; and WHEREAS, the City of Saratoga used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Saratogamaintain and rehabilitate various streets and roads throughout the City of Saratogathis year through the Annual Roadway Improvements program and several similar projects into the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of Saratoga’s streets and roads are in an “good” condition and this revenue will help the City increase the overall quality of its road system and over the next decade will bring City streets and roads into a “excellent” condition; and WHEREAS, without revenue from SB 1, the City of Saratoga, would have otherwise been deferring important projects throughout the community in need of immediate attention; and WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and 114 WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS,restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Saratoga, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The City of Saratoga Budget for Fiscal Year 2017-18 includes $170,740 from the Road Maintenance and Rehabilitation Account 3.The Annual Roadway Improvements Program is amended to include the following projects planned to be funded with Road Maintenance and Rehabilitation Account revenues for Fiscal Year 2017-18. Project Description Location Estimated Useful Life Year of Construction Pavement maintenance project to rehabilitate city roadways to improve Pavement Condition Index (PCI) and safety through AC overlay, micro-surfacing , repair failed street sections, traffic loops, curb and gutter, ADA ramps, and re-striping traffic lanes. City wide.Micro-Surfacing (8-10 yrs) Asphalt Concrete (AC) overlay (10-15 yrs) Repair failed street sections (10- 15 yrs) Traffic loops ( 8-12 yrs) Curb and gutter (15-25 yrs) ADA ramps (15-25 yrs) Re-striping traffic lanes (5-10 yrs) Fiscal Year 2017/18 115 4.The City Manager or his designee is hereby authorized to execute all documents necessary to implement and secure all funds that may become available to the City from the Road Maintenance and Rehabilitation Account revenues for Fiscal Year 2017-18. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15 th day of November 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Emily Lo, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 943849.1 116 SARATOGA CITY COUNCIL MEETING DATE: November 15, 2017 DEPARTMENT: Recreation & Facilities PREPARED BY: Kayla Nakamoto, Recreation Coordinator SUBJECT: Youth Commission Fundraising Plan RECOMMENDED ACTION: Approve the Youth Commission to Fundraising Fund to collect donations and seek sponsorship of various Youth Commission events and activities. BACKGROUND: For Fiscal year 2017/18, a total of $3,000 has been allocated in the City’s budget for Youth Commission activities. Given the increase in Youth Commission activities scheduled for this school year, the Commission would like permission from the City Council to raise the necessary funds to fully implement the Commission’s work plan. Per the City of Saratoga Donation Policy, adopted via Resolution 15-017, Commissioners must submit a Fundraising Plan for City Council consideration before soliciting donations more than $500. Since more than $500 is needed to fully fund the Commission’s 2017/18 activities, the Commission is proposing that the City Council approve the attached Fundraising Plan (Attachment A). In the past, the Youth Commission has collected monetary donations at each of their events and charged admission for middle school dances. This year, the Commission would like to charge for participation at two of their bigger events, the Color Dash and Fall Fair. The Commission would also like to reach out to local organizations for donations and sponsorships and collect monetary donations at tabling events. Donations and admission charges will be used to cover costs associated with various Youth Commission events. This year, the Commission plans to attend 7 community events. Typically, the Commission hosts a kid-friendly activity at these events, such as face painting. In addition, the Commission will be organizing several events on their own and in partnership with the Recreation Department, as well as conducting their annual Walk One Week program for 3 to 4 schools. ATTACHMENTS: Attachment A – Youth Commission Fundraising Plan Attachment B – Plan and List of Youth Commission Events 117 Attachment C – Donation Policy 118 City of Saratoga Fundraising Plan Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising project. Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising. Donation Type/Amount: Please describe the types and amount of donations that will be sought. Anticipated Donors: Please describe who will be approached for donations. Donor Recognition Plan: Please describe how donors will be recognized. Fundraising Timeline: Council Review of Fundraising Plan: Fundraising Start: Fundraising Completion: Council Review of Donations: Donor Recognition Complete: Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan. 119 Date Event Projected Attendance Event Cost (Estimate) Participation Cost/Sponsorships11/18 Fall Fair 75 $900.00 $0.50/ticket (varies)/Sponsors12/8 Movie Night 25 $250.00 Donation Box3/18 Sports Field Day 75 $325.00 Donation Box/Sponsors4/8 Color Dash 500 $2,000.00 $5.00/Sponsors5/4 Movie Night 25 $250.00 Donation BoxDate Event Projected Attendance Event Cost (Estimate) Participation Cost/Sponsorships11/13‐11/17 WOW ‐ Marshall Lane 100 $235.00 Sponsors11/27‐12/1 WOW ‐ Saratoga 100 $235.00 SponsorsTBD WOW ‐ Foothill 100 $235.00 SponsorsTBD WOW ‐ Argonaut 100 $235.00 SponsorsDate Event Projected Attendance Event Cost (Estimate) Participation Cost/Sponsorships10/28 Witchy Walk 250 $22.00 N/A11/24 Tree Lighting 250 $22.00 Donation Box12/16 Celebration of Lights 250 $22.00 Donation Box3/4 Lunar New Year 250 $22.00 Donation Box3/17 St. Paddy's Day 250 $22.00 Donation Box3/24 Blossom Festival 250 $22.00 Donation Box4/28 State of the City 150 $22.00 N/ADate Event Projected Attendance Event Cost (Estimate) Participation Cost/Sponsorships9/22 Dance for Individuals with Disabilities 40 $150.00 $5.002/2 Dance for Individuals with Disabilities 50 $150.00 $5.00‐$7.002017/18 Projected Budget $5,119.00*Total Community Events cost is $155.2017‐2018 Youth Commission EventsWalk One Week Community Events*Youth Commission Hosted EventsCo‐Hosted with the Recreation Department120 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 1 of 8 City of Saratoga Donation Policy I. Purpose Members and supporters of the Saratoga community from time to time wish to support the community by making donations to the City of Saratoga. The City Council appreciates this generosity and has adopted this policy regarding donations to the City of Saratoga, including City departments and City sponsored programs, activities, and events. (This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga employees with a clear standard about when it is acceptable and prohibited to accept gifts from a member of the public, a business, an organization, or other entity.) II. Definitions 1. Donation: a contribution made to the City without expectation of goods, services, or significant benefit or recognition in return. Donations may be in the form of money or in-kind contributions of products, services, investment securities, real property (land), or any combination thereof. A donation may be unrestricted, where the donor has placed no limitation on its use, or restricted, where the donor has restricted its use to a specified purpose. Donations that, if accepted, would obligate the City to enter into a service, procurement, or other agreement shall not be considered a donation. Grants to the City from a local, state, or federal agency are not subject to this policy. 2. Donor: Any organization or individual who provides the City with a donation. 3. Donation Agreement: An agreement between the City and the donor that details any restrictions on a donation as well as the respective obligations of the donor and the City. 4. Fundraising: Any activity conducted with the intent of generating donations to the City. Fundraising activities may include, but are not limited to, promoting endowment programs, program adoption or pledge drives, and contacting individuals, companies, foundations, or other entities with a request for a donation to the City. III. General Provisions 1. The City welcomes unrestricted donations as well as restricted donations that enhance City services, reduce costs that the City would incur in the absence of the donation, or that otherwise provide a benefit to the City. The City may decline any donation without comment or cause. 121 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 2 of 8 2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. To avoid the possible appearance of extra considerations, members of the Planning and Heritage Preservation Commissions and staff of the Community Development Department are not authorized to solicit donations to the City. 3. No City Council member, Commissioner, employee, or volunteer shall solicit donations in excess of $500 in money or in-kind services for any City project, program, activity, or event (“supported activity”) unless the City Council has approved a fundraising plan for the supported activity. A recommended form for a fundraising plan is attached as Exhibit A to be revised as appropriate for the fundraising goal and type of supported activity in question. 4. Donations must be directly related to providing goods or services to the public or for another valid public purpose. Donations may not be used for personal financial gain of any City elected or appointed official or employee. 5. The net benefit of a donation should be considered when determining whether to accept a donation. Net benefit includes all lifecycle costs of ownership, including maintenance, repair, clean-up, administrative, and any potential liability or expenses that may be associated with the donation. a. Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service. b. Potential costs and liabilities should be considered if a donation of personal property or of a service does not include the same indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services. c. Real property may be donated to the City provided that it will not expose the City to an unreasonable risk of litigation or liability, because of the physical condition of the property or existence of claims, liens, and encumbrances against the property. 6. Council members and other City officials are responsible for reporting fundraising activities and donations as required by applicable laws and regulations. IV. Procedures 1. Unrestricted donations of $5,000 or less may be accepted or declined by the City Manager. Restricted donations of $500 or less may be accepted or declined by the 122 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 3 of 8 City Manager. Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be brought to the City Council for consideration. 2. The City Manager may choose to request City Council consideration of any donation, regardless of value. 3. The City Council shall consider proposed donations beyond the authority of the City Manager set forth above and proposed donations referred to it by the City Manager. The City Council may accept or decline any donation at its sole discretion. 4. All donations will receive appropriate recognition as determined by the City Manager or City Council at the time the donation is accepted, taking into consideration the nature and level of the donation. Upon request of the donor or if specified in a City- initiated request for donors, limited forms of promotional activity (such as logo or name placement on signs, flyers, and other materials related to a program or activity supported by the donation) are permitted. The appearance of traditional commercial advertising should be avoided and the size of donor recognition should be in keeping with the size of non-recognition information used in the materials. The agreed upon form of recognition should be identified in the donor receipt or a donation agreement. Any naming of City parks, property, or facilities shall follow the guidelines set forth in the City’s Policy Pertaining to Naming City-Owned Land and Facilities. 5. When donations with a value in excess of $100 are accepted or upon the request of the donor, the City will issue the donor a receipt indicating the amount of the donation or describing the goods or services donated within 30 days of receiving the donation. (In accordance with the Internal Revenue Code the City does not provide an estimated value of in-kind donations; donors may refer to IRS Publication 561 for more information on valuing donated property.) The donation receipt shall also include the date of the donation, the name of the donor, the purpose of the donation (if a restricted donation), a brief description of any public recognition that will be made by the City, and note that the donor received no goods or services in exchange. The original receipt shall be submitted to the donor and the City shall retain a copy. A sample donation receipt is attached as Exhibit B. 6. Before acceptance of a restricted donation valued at more than $500 or an unrestricted donation valued at more than $5,000, the respective obligations of the donor and the City shall be set forth in a donation agreement. A sample donation agreement is attached as Exhibit C. The City Manager or City Council may require donation agreements for donations valued at any amount. 123 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 4 of 8 7. The City shall maintain records for the receipt of all donations and shall comply with all reporting requirements and regulations including, but not limited to, FPPC Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest of a City Council member that person shall determine whether a Form 803 (Behested Payments Report) is required pursuant to the Political Reform Act. 124 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 5 of 8 EXHIBIT A – FUNDRAISING PLAN FORM City of Saratoga Fundraising Plan Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising project. Fundraising Participants: Please list the names for all groups and individuals that will be conducting fundraising. Donation Type/Amount: Please describe the types and amount of donations that will be sought. Anticipated Donors: Please describe who will be approached for donations. Donor Recognition Plan: Please describe how donors will be recognized. Fundraising Timeline: Council Review of Fundraising Plan: Fundraising Start: Fundraising Completion: Council Review of Donations: Donor Recognition Complete: Restrictions/Reporting: Please identify any restrictions or reporting requirements associated with this fundraising plan. 125 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 6 of 8 EXHIBIT B – SAMPLE DONATION RECEIPT City of Saratoga Donation Receipt This is to confirm that on __________________ [insert date] the City of Saratoga received from __________________________________________________ [insert donor name and address]:  a monetary contribution of $_________________  a non‐monetary contribution consisting of [describe goods, services, property, securities, etc.]: No goods or services were provided by the City of Saratoga in return for the contribution. The City sincerely appreciates your donation. _______________________ Mary Furey Administrative Services Director City of Saratoga 126 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 7 of 8 EXHIBIT C – SAMPLE DONATION AGREEMENT City of Saratoga Standard Donation Agreement The undersigned Donor wishes to make a donation to the City of Saratoga as described in more detail below. Donor is (check and complete all that apply):  donating $_________________________ in a lump sum  donating $_________________________ in __________________ (monthly, quarterly, etc.) payments of $_________________________ in __________________ installments.  donating the following (describe products, services, investment securities, real property, etc.):  If this box is checked the City’s acceptance of the donation described above is subject to the conditions specified on Attachment 1.  If this box is checked this donation is restricted to the following uses: City will publicly recognize donor by (describe recognition):  If this box is checked this donation is being made at the behest of Council Member/Commissioner/City Staff Member __________________________. In connection with administering this agreement, Donor and City shall work through the following primary representatives: City of Saratoga Donor Primary Representative: Address: Telephone: Fax: Cell Phone: E-mail: 127 Adopted Via City Council Resolution 15-017 (April 1, 2015) Page 8 of 8 In addition to the foregoing, Donor and City understand and agree that: 1. The City will provide Donor with a donation receipt indicating the amount of the donation or estimated value of goods or services donated within 30 days of receiving the donation. 2. Donor’s contribution to the City will be recognized publicly as described above. 3. Except as provided above, the City may use the donation in any manner at its sole discretion and Donor has no right or obligation to control City’s use of the donation. 4. Donor has not and will not receive any goods or services in exchange for the donation and the City will not grant any extra consideration to the donor in relation to City procurement, regulatory matters, or any other business, services, or operations of the City. 5. Donor confirms that unless indicated otherwise above this donation is not made at the behest of a City Council Member or of any member of the Planning or Heritage Preservation Commissions or staff of the Community Development Department. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Donor City of Saratoga James Lindsay, City Manager Name Title Date: Date: ATTEST: Crystal Bothelio, City Clerk Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: 663906.5 128