HomeMy WebLinkAboutStaff Report 3.B 04/06/2009CITY O//F--rPEET�A7-LUUM,AA, CALIFORNIA
AGENDA
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Aeenda Title: Resolution Authorizing the Fire Department to Accept a
FEMA Grant to Replace Self Contained Breathing Apparatus (SCBA)
April 6, 2009
Meeting Date: 4/6/09
Meetine Time: ❑ 3:00 PM
® 7:00 PM
Category: ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department: Director: Contact Person: Phone Number:
Fire L7Andeyse Mike Haberski 778-4364
Cost of Proposal: $2�$179,824.00 (FEMA grant funds) Name of Fund:
SCBA Replacement
Amount Budgeted: $44,956.00 (city funds) AccountNumber:
2230.22300.62210
Recommendation: It is recommended that the City Council take the following action:
Accept the FEMA grant award in order to purchase updated self contained breathing apparatus.
Summary Statement: Accepting grant monies from FEMA allows the Fire Department to replace outdated and
non compliant breathing apparatus. Authorizing the acceptance of this grant also allows the Fire Department to
put into a place a state of the art breathing air program that will serve the City for at least the next 15 years.
Attachments to Agenda Packet Item:
1. Agenda Report
2. FEMA acceptance letter and agreement articles
3. Resolution Accepting Grant
Revie}ved by Admin. Svcs. Dir:
Date: ,� 9
Rev. # Date Last Revised:
Reviewed by City Attornev:
Date:
File:
Approved by City Manager:
Date: 3- 29-0-7
CITY OF PETALUMA, CALIFORNIA
April 6`h, 2009
AGENDA REPORT
FOR
Resolution Authorizing the Fire Department to Accept a FEMA Grant to
Replace Self Contained Breathing Apparatus (SCBA)
RECOMMENDATION: That the Petaluma City Council accept the FEMA grant monies in order to
purchase replacement self contained breathing apparatus (SCBA) for the Fire Department.
2. BACKGROUND: This grant award will replace 35 self contained breathing apparatus with new units
that are OSHA compliant. Current Fire Department SCBAs are obsolete, making them difficult to
repair and keep in service.
3. DISCUSSION: Self contained breathing apparatus (SCBA) is an integral component of firefighting.
SCBA allows firefighters to enter burning structures to search for victims and extinguish fires, it
allows firefighters to operate at hazardous chemical releases and it is used during any fire event
where noxious gases exist as the by-product of burning hydrocarbon based materials. SCBA is a
heavily regulated apparatus. The occupational safety and health administration (OSHA) regulates
the use and the design of SCBA. Currently, the Petaluma Fire Department is using obsolete SCBA
that are not only difficult to keep maintained, they are out of the OSHA compliance rule. In 2008,
the Fire Department applied for a grant through the FEMA assistance to firefighters (AFG) grant
process and was successfully awarded a grant in the amount of $179,824.00 to replace our SCBA
cache consisting of 35 units. Not accepting the grant from FEMA would simply shift the burden of
cost onto the City. The current SCBA must be replaced and the FEMA grant will allow the Fire
Department to achieve this goal.
4. FINANCIAL IMPACTS: Total cost for this project is $224,780.00. The FEMA grant contribution is
$179,824.00 and the required city contribution is 20 percent or $44,956.00. The 20 percent
matching funds have already been encumbered from two recovery claims. The first is the recovery
costs from the Dairyman's Mill fire in 2007 ($40,000) and the second is from a fire department
vehicle that was hit by a civilian truck while being serviced. The out of service time for repairs
netted the fire department $10,000.00 in recovery costs.
U S Depaanxnt of Homeland Security
Wat:nmalon D C 20472
Mr. Richard King
City of Petaluma Fire Department
198 D Street
Petaluma, California 94952-3028
Re: Grant No.EMW-2008-FO-07439
Dear Mr. King:
On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland
Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2008
Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate, in
consultation with the U.S. Fire Administration, carries out the Federal responsibilities of administering
your grant. The approved project costs total to $224,780.00. The Federal share is 80 percent or
$179,824.00 of the approved amount and your share of the costs is 20 percent or $44,956.00.
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and
understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of
these documents for your official file. You establish acceptance of the Grant and Grant Agreement
Articles when you request and receive any of the Federal Grant funds awarded to you. By
accepting the grant, you agree not to deviate from the approved scope of work without prior written
approval from DHS.
If your SF 1199A has been reviewed and approved, you will be able to request payments online.
Remember, you should basically request funds when you have an immediate cash need (i.e. you have a
bill in -hand that is due within 30 days).
If you have any questions or concerns regarding the awards process or how to request your grant funds,
please call the helpdesk at 1-866-274-0960.
Sincerely,
W. Ross Ashley, III, Assistant Administrator
Grant Program Directorate
Agreement Articles
_ U.S. Department of Homeland Security
Washington, D.C. 20531
FEMA
`s. �...
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program
GRANTEE: City of Petaluma Fire Department
PROGRAM: Operations and Safety
AGREEMENT NUMBER: EMW-2008-FO-07439
AMENDMENT NUMBER:
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article I - Project Description
TABLE OF CONTENTS
Project Description
Grantee Concurrence
Period of Performance
Amount Awarded
Requests for Advances or Reimbursements
Budget Changes
Financial Reporting
Performance Reports
DHS Officials
Other Terms and Conditions
General Provisions
Audit Requirements
Additional Requirements
The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public
and firefighting personnel against fire and fire -related hazards. After careful consideration, DHS has
determined that the grantee's project submitted as part of the grantee's application, and detailed in the
project narrative as well as the request details section of the application - including budget information -
was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform
the work described in the approved grant application as itemized in the request details section of the
application and further described in the grant application's narrative. These sections of the application
are made a nart of these arant agreement srtirles by reference The arantee may not rhanoe or make
H
any material deviations from the approved scope of work outlined in the above referenced sections of
the application without prior written approval from DHS.
However, in keeping with this year's program guidance, grantees that have grant funds left over after
completing the approved scope of work prior to the end of the period of performance have three options
for the use of the excess funds: 1) they may return the unused funds to the Federal government, 2) they
may use a maximum of $5,000 to expand the activities for which they were awarded, or 3) create or
expand an existing fire prevention program. Grantees are encouraged to review the program guidance
for more information on this topic.
Article II - Grantee Concurrence
By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts
and agrees to abide by the terms and conditions of the grant as set forth in this document and the
documents identified below. By receiving funds under this grant, grantees agree that they will use the
funds provided through the Fiscal Year 2008 Assistance to Firefighters Grant Program in accordance
with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2008
Assistance to Firefighters Grants program guidance. The grantee agrees that Federal funds under this
award will be used to supplement, but not supplant, State or local funds for first responder
preparedness. All documents submitted as part of the application are made a part of this agreement by
reference.
Article III - Period of Performance
The period of performance shall be from 21-NOV-08 to 20-NOV-09.
The grant funds are available to the grantee for obligation only during the period of performance of the
grant award. The grantee is not authorized to incur new obligations after the expiration date unless the
grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after
period of performance to incur costs associated with closeout or to pay for obligations incurred during
period of performance. Award expenditures are for the purposes detailed in the approved grant
application only. The grantee cannot transfer funds or assets purchased with grant funds to other
agencies or departments without prior written approval from DHS.
Article N - Amount Awarded
The amount of the award is detailed on the Obligating Document for Award attached to these articles.
Following are the budgeted estimates for each object classes of this grant (including Federal share plus
grantee match and state sales tax):
Personnel
$0.00
Fringe Benefits
$0.00
Travel
$0.00
Equipment
$224,780.00
Supplies
$0.00
Contractual
$0.00
Construction
$0.00
Other
$0.00
Indirect Charges
$0.00
Total
$224,780.00
Article V - Requests for Advances or Reimbursements
Grant payments under the Assistance to Firefighters Grant Program are made on an advance or
reimbursable basis for immediate cash needs. In order to request funds, the grantee must logon to the
Fire Grant System using their user id/password (used to submit the application) the grantee fills out the
on-line Request for Advance or Reimbursement. If an authorized user needs access to the application
but does not have the user id or password, they may be obtained by calling the help desk at 1-866-274-
0960.
Article VI - Budget Changes
With prior DHS approval, grantees may make changes in funding levels between the object classes (as
detailed in Article IV above), in order to accomplish the grant's scope of work. The grant's scope of work
is outlined in the project narrative and in the request details of the grant application. The provisions of
this article are not applicable to changes in the budgeted line -items listed in the request details section
of the application as the line -items in the request details section (i.e., scope of work) cannot be changed
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above will also be used for interim financial
reporting purposes. At the end of the performance period, or upon completion of the grantee's program
narrative, the grantee must complete, on-line, a final financial report that is required to close out the
grant. The Financial Status Report is due within 90 days after the end of the performance period.
Article Vill - Performance Reports
The grantee must submit a semi-annual and a final performance report to DHS. The final performance
report should provide a short narrative on what the grantee accomplished with the grant funds and any
benefits derived there from. If a grantee's performance period is extended beyond the initial 12 -month
period, a periodic performance report is due every six month increment until closeout.
Article IX - DHS Officials
Program Officer: Tom Harrington, Deputy Director of the Grants Program Office, is the Program Officer
for this grant program. The Program Officer is responsible for the technical monitoring of the stages of
work and technical performance of the activities described in the approved grant application.
Grants Assistance Officer: ARLENE RAMSEY is the Assistance Officer for this grant program. The
Assistance Officer is the Federal official responsible for negotiating, administering, and executing all
grant business matters.
Grants Management Branch POC: Walter Pickett is the point of contact for this grant award and shall
be contacted for all financial and administrative grant business matters. If you have any questions
regarding your grant please call 202-786-9524.
Article X - Other Terms and Conditions
A. Pre -award costs directly applicable to the awarded grant are allowable if approved in writing by the
DHS program office. In order to be reimbursed for items purchased prior to award, grantees must submit
a payment request and provide rationale for incurring the costs prior to award. All pre -award expenses
should have been disclosed during the award negotiation process. Failure to disclose pre -award
exnenses durina the award neantiation nrocess may affect the rnsts' elioihility
B. Quotes obtained prior to submittal of the application - for the purposes of applying for this grant - are
not considered to be sufficient to satisfy the requirements for competition as outlined in OMB Circular A-
110 below. All bidding activities implemented for competition must be sought and obtained after award,
i.e., during the period of performance. Grantees may be jeopardizing their awards if the requirements set
forth are not adhered to.
Article XI - General Provisions
The following are hereby incorporated into this agreement by reference:
The program's annual Program Guidance.
44 CFR, Emergency Management and Assistance
Part 7 Nondiscrimination in Federally -Assisted Programs
Part 13 Uniform administrative requirements for grants and
cooperative agreements to state and local governments
Government -wide Debarment and Suspension (Non -
Part 17 procurement) and Government -wide Requirements for Drug-
free Workplace (Grants)
Part 18 New Restrictions on Lobbying
31 CFR 205.6 Funding Techniques
OMB Circular A-21 Cost Principles for Educational Institutions
OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes
OMB Circular A-122 Cost Principles for Non -Profit Organizations
OMB Circular Uniform Administrative Requirements for Grants and Agreements With State and
A-102 Local Governments Assistance to Firefighters Grant Application and Assurances
contained therein.
OMB Circular Uniform Administrative Requirements for Grants and Agreements With Institutions of
A-110 Higher Education, Hospitals, and Other Nonprofit Organizations Assistance to
Firefighters Grant Application and Assurances contained therein.
Article X11- Audit Requirements
All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local
Governments, and Non -Profit Organizations. The main requirement of this OMB Circular is that grantees
that expend $500,000.00 or more in Federal funds (from all Federal sources) must have a single audit
performed in accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant files and
supporting documentation for three years upon the official closeout of your grant. You must also agree
to make your grant files, books, and records available for an audit by DHS, the General Accounting
Office (GAO) nr their duly authnrized renresentatives to assess the accmmPlishments of the arent
program or to ensure compliance with any requirement of the grant program
Article XIII- Additional Requirements (if applicable)
Vehicle Awardees:
Vehicle awardees for FY 2008 will be required to include an advance payment bond as part of the
contract with their vehicle manufacturer. An advance payment bond is like an insurance policy that
protects you in the event that the manufacturer with whom you contracted to build your vehicle cannot
fulfill the contract, i.e., cannot finish building your vehicle for any reason. An advance payment bond is a
financial tool used to guarantee that , in the event of manufacturer/contractor default, funds will be
available to finish the construction of your vehicle and ensure its proper operation. From the vehicle
grantee's point of view, the insolvency of a contractor during the construction of a vehicle will most likely
result in delayed completion of the vehicle, additional expenses for a different manufacturer/contractor to
finish the work, or even loss of grant funds. For this reason, we now require manufacturers/contractors
to provide a bond from an independent bank, insurance company or bonding agency so that the vehicle
grantees can recover damages they may sustain if the manufacturer/contractors default during the
construction of a vehicle. The amount of the bond should be equal to, or greater than, the sum of any
payments, compensation and/or consideration provided prior to the delivery of the vehicle. If no down
payment is required in the purchase contract, an advance payment bond is not required.
Regardless of whether a performance bond is obtained, each vehicle purchase contract must include a
performance clause. The performance clause stipulates a certain date when the vehicle will be delivered
by the vendor. If the vendor does not deliver the vehicle by the date stipulated in the performance
clause, penalties are administered to the vendor. These penalties should be of a severity sufficient to
provide the vendor with incentive to deliver the vehicle at the earliest possible date but no less than
$100 per day.
Regional Hosts:
Grantees that are the hosts of regional projects as provided for in the annual program guidance are
accountable for the equipment purchased with grant funds and disbursed to other first -responder
organizations under a memorandum of understanding. Responsibility for maintenance of the equipment
may be placed in the hands of the recipient if specifically delineated in the memorandum of
understanding between the host and the recipient.
Modification to Facilities Requirements:
Modification to facility projects (including renovations associated with equipment installations) are
subject to all applicable environmental and historic preservation requirements. Applicants seeking
assistance to modify their facilities or to install equipment requiring renovations may undergo additional
screening. Specifically, DHS is required to ascertain to what degree the proposed modifications and
renovations might affect an applicant's facility relative to the National Environmental Policy Act, National
Historic Preservation Act of 1966, National Flood Insurance Program regulations, and any other
applicable laws and Executive Orders. No project that involves a modification to facility can proceed —
except for project planning — prior to formal written approval from DHS. If your award includes a
modification to a facility, you are responsible for contacting the Program Office so you can be given
direction on how to proceed; your contact in the AFG Program Office is Stephen. pezzetti@dhs.gov.
Noncompliance with these provisions may jeopardize an applicant's award and subsequent funding.
Grants Management Adjustments to Original Application (if applicable):
This grant award was reduced by $90,930. The approved amount for SCBAs is $5,250 each, not the
$7,848 as indicated in the initial application. The reduction has already been made in the grant award
and in the application as approved by Richard King via email on November 7, 2008. The total project
cost was reduced per the program office comments from $301,470 to $224,780. The federal share was
reduced from $241,176 to $179,824. The applicant share was reduced from $60,294 to $44,956.00.
1 a. AGREEMENT NO.
EMW-2008-FO-07439
6. RECIPIENT NAME AND
ADDRESS
City of Petaluma Fire
Department
198DSt
Petaluma
California, 94952-3028
9. NAME OF RECIPIENT
PROJECT OFFICER
Richard King
FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
2. AMENDMENT 3. RECIPIENT NO.
NO. 94-6000392
0
4. TYPE OF 15. CONTROL NO.
ACTION W46211ON
AWARD
7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS
Grants Management, Operations
FEMA, Financial Services Branch
Directorate
500 C Street, S.W., Room 723
245 Murray Lane - Building 410, SW
Washington DC, 20472
Washington DC, 20528-7000
21-NOV-08
POC: Walter Pickett 202-786-9524
PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO.
7077784390 Tom Harrington
1-866-274-0960
11. EFFECTIVE DATE OF
12. METHOD OF 13. ASSISTANCE ARRANGEMENT
14. PERFORMANCE PERIOD
THIS ACTION
PAYMENT Cost Sharing
From21-NOV-To:20-NOV-09
21-NOV-08
SF -270
08
Budget Period
From:01-OCT-
To:30-SEP-09
08
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards orfinancial changes)
PROGRAM CFDA NO.
ACCOUNTING DATA PRIOR
AMOUNT
CURRENT CUMMULATIVE
NAME
(ACCS CODE) TOTAL
AWARDED THIS
TOTAL NON -
ACRONYM
XXXX-XXX-XXXXXX- AWARD
ACTION
AWARD FEDERAL
XXXXX-XXXX-XXXX-X
+OR(-)
COMMITMENT
AFG 97.044 2009-M8-0001GF- $0,00 $179,824.00 $179,824.00 $44,956.00
25000000-4101-D
(TOTALS $0.00 $179,824.00 $179,824.00 $44,956.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should
print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation
cited above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title)
Bertram Mckeithen Jr
DATE
N/A
DATE
14-NOV-08
RESOLUTION AUTHORIZING THE FIRE DEPARTMENT TO
ACCEPT A GRANT FROM FEMA TO REPLACE
SELF CONTAINED BREATHING APPARATUS (SCBA)
WHEREAS, self contained breathing apparatus (SCBA) is an integral component of
firefighting that allows firefighters to enter burning structures to search for victims and
extinguish fires. It allows firefighters to operate at hazardous chemical releases and is used
during any fire incident where noxious gases exist as the by-product of burning hydrocarbon
based materials; and,
WHEREAS, SCBA is a heavily regulated apparatus by the Occupational Safety and
Health Administration (OSHA) who regulates the use and design of SCBA; and,
WHEREAS, currently, the Petaluma Fire Department is using obsolete SCBA that are
not only difficult to keep maintained, they are out of the OSHA compliance rule; and,
WHEREAS, in 2008, the Fire Department applied for a grant through the FEMA
Assistance to Firefighters (AFG) grant process, and was successfully awarded a grant in the
amount of $179,824.00 to replace our SCBA cache consisting of 35 rmits.
NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Petaluma
hereby authorizes the Petaluma Fire Department to accept the grant from FEMA to replace 35
self contained breathing apparatus in the amount of $179, 824.00.
10