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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION ORIGINAI From: Michael J. Conrad, Fire Chief Subject: Resolution ratifying the acceptance and administration of the FY 2009 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant Dept: Fire from the Department of Homeland Security Federal Emergency Management Agency. Date: August 24, 2010 MC/C Meeting Date: September 20, 2010 Synopsis of Previous Council Action: 12/07/09 Resolution 2009-370 authorizing the Fire Department to apply for and administer the FY 2009 Staffing for Adequate Fire and Emergency Response (SAFER) grant submitted to the Department of Homeland Security Federal Emergency Management Agency. 07/06/10 Motion authorizing the Human Resources Department to reduce the Fire Department's staffing levels. RECOMMENDATION: Adopt resolution. Signature Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution, and Award Package Ward: Citywide FUNDING REQUIREMENTS: Amount: $2,769,602 Source: FEMA's Grant Funding Amount: $283,557 (overtime costs) Source: City's Cost Share (non-Federal funds) Finance: Council Notes: &e-so 02 D/O- l I Agenda Item No. 0 o9-2o -a-alO STAFF REPORT SUBJECT Resolution ratifying the acceptance and administration of the FY 2009 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant from the Department of Homeland Security Federal Emergency Management Agency. BACKGROUND On May 21, 2010, the Fire Department was awarded a grant through the Department of j Homeland Security's Staffing for Adequate Fire and Emergency Response (SAFER) program (Exhibit "A"). This $2.7 million grant is to be used to fund twelve (12) firefighter and paramedic/firefighter positions, including 100% of base wages and benefits, for two years. There is no obligation for the City to match any of the funding. However, the City would be required to pay all applicable overtime costs, including backfill for leave time used by the employees covered by the grant. This cost is estimated to be $283,557 over the two year term of the grant. j The original grant criteria required that the grant funds be used to hire additional fire personnel. However, due to the City's current economic challenges, the grant administrators have allowed the City to request a waiver to use the funding to pay for existing positions. This move will reduce Fire's operating costs by over $1.3 million per year for the next two years. Once accepted, the grant criteria precludes the City from laying off any Fire Department safety personnel during the two-year grant performance period. Doing so would require the City to return portions of the grant funds equivalent to the cost of any positions eliminated. However, with the waiver,the City can reduce staffing through attrition without penalty. The grant performance period begins August 19, 2010 and ends on August 19, 2012. Although the City has officially received the grant, there is no obligation to the funding or grant criteria until the Mayor and Common Council officially accepts the grant and the City begins spending the funds. Grant funds will be released to the City on a quarterly basis. t I FINANCIAL IMPACT i j The Federal share of salaries/benefits for twelve (12) positions is estimated be $2,769,602 { over the two-year grant performance period. The City will be obligated to pay the costs for j backfill at time and a half of each employee's base pay rate when employees in these positions use elective leave time or injury time per the firefighter's MOU and FLSA requirements. This cost is estimated to be $283,557 over the two year term of the grant. Included in the Fire Department's FY 10/11 Preliminary Budget is $1.3 million for the first i 1 I t year of the grant. In FY 11/12, $1.3 million will need to be credited for the second year of the grant. The total estimated funding for all twelve firefighter positions for the two-year period, including both the City's overtime obligation and the Department of Homeland Security's grant contribution is detailed below: U.S. Department of Homeland Security Estimated City Overtime Grant Contribution Obligation Year One - $1,322,006 $133,566 Year Two - $1,447,596 $149,990 TOTAL: - $2,769,602 $283,557 These figures include an estimated 4% increase annually for charter section 186 salary increases. RECONMENDATION Adopt resolution. 2 RESOLUTION OF THE MAYOR RESOLUTION AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO RATIFYING THE ACCEPTANCE AND ADMINISTRATION OF THE 2 FY 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (S.A.F.E.R.) GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY 3 FEDERAL EMERGENCY MANAGEMENT AGENCY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The City Manager or his designee is authorized to accept and administer 7 the FY 2009 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant in the 8 amount of $2,769,602 from the Department of Homeland Security Federal Emergency 9 Management Agency. A copy of the award package is attached as Exhibit "A", and 10 incorporated herein by reference. 11 //// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE ACCEPTANCE AND ADMINISTRATION OF THE © FY 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE 1 (S.A.F.E.R.) GRANT FROM THE DEPARTMENT OF HOMELAND SECURITY 2 FEDERAL EMERGENCY MANAGEMENT AGENCY. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 5 Common Council of the City of San Bernardino at a meeting thereof,held on 6 the day of , 2010,by the following vote,to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ — 10 DESJARDINS 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 City of San Bernardino 20 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 Patrick J. Morris,Mayor 24 City of San Bernardino 25 26 Approved as to form: 27 JAMES . PENMAN, City Attorney 28 By: i�ir�,1 Panel Review Page 1 of 6 Award Package R j Panel Review Page 2 of 6 U.S.Department of Homeland Security Washington, D.C. 20472 p f w � FEMA Ms. Norma Camarena City of San Bernardino Fire Department 200 East Third Street San Bernardino, California 92410-4889 Re: Grant No.EMW-2009-FH-00882 Dear Ms. Camarena: On behalf of the Department of Homeland Security(DHS), I am pleased to inform you that your grant application submitted under the FY 2009 Staffing for Adequate Fire and Emergency Response (SAFER)grants has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to$2,769,602.00. The Federal share is$2,769,602.00 of the approved amount and your share of the costs is$0.00. 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 FEMA. I r SF 1199A has been reviewed and approved, you will be able to request payments online. Remember,you should request fu`Ms no more frequently than quarterly. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-927-5646.i/ Elizabeth M. Harman Assistant Administrator Grant Programs Directorate `v Panel Review Page 3 of 6 Agreement Articles �- FE' /( A U.S. Department of Homeland Security l�/ jy j j-1 Washington, D.C. 20472 o4Q g ��A.YD sF�•: AGREEMENT ARTICLES STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE -Hiring program GRANTEE: City of San Bernardino Fire Department PROGRAM: Staffing for Adequate Fire and Emergency Response (SAFER) -Hiring AGREEMENT NUMBER: EMW-2009-FH-00882 AMENDMENTNUMBER: TABLE OF CONTENTS Article I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded Article V Financial Guidelines Article VI Prohibition on Using Federal Funds Article VII GPD Allocations Article VIII Financial Reporting Article IX FEMA Officials Article 1 -Project Description The purpose of the Staffing for Adequate Fire and Emergency Response program is to provide funding directly to fire departments and volunteer firefighter interest organizations in order to help them increase the number of trained, "front-line" firefighters available in their communities. After careful consideration, FEMA 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. 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 part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from FEMA. Article 11 -Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the s and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this rt, grantees agree that they will use the funds provided through the Fiscal Year 2009 Staffing for Adequate Fire and Emergency Response in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2009 Staffing for Adequate Fire and Emergency Response guidance.All documents submitted as part of the original grant application are made a part of this agreement by reference. Article III - Period of Performance Panel Review Page 4 of 6 The period of performance shall be from 19-JUL-10 to 18JUL-12. A t IV-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 object classes for this grant(including Federal share plus applicable grantee match): Personnel $1,896,988.98 Fringe Benefits $872,614.93 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Other $0.00 Indirect Charges $0.00 Total $2,769,602.00 NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) Article V -Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, ludit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments(OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Nonprofit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133,Audits of States, Local Governments, and Nonprofit Organizations Article VI - Prohibition on Using Federal Funds The recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior "en approval of FEMA. Article VII -GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Staffing for Adequate Fire and Emergency Response Program guidance and application kit. Panel Review Page 5 of 6 Article VIII -Financial Reporting The grantee must complete an on-line, semiannual financial status report to meet FEMA requirements. Semiannual financial rr -ts are due within 30 days of the end of every six month period for the life of the grant.At the end of the performance period, C m completion of the grantee's final program narrative,the grantee must complete an on-line final financial status report that is required to close out the grant.Although the guidance states extensions will not be granted, if a grantee's performance period is extended beyond the initial period, a periodic performance report is due every six month increment until closeout. Article IX-FEMA Officials Program Officer: Tom Harrington 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. If you have any programmatic questions regarding your grant please call the AFG help desk at 866-274-0960 to be directed to a specialist. Grants Assistance Officer: Bertram Mckeithen Jr 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 Division POC:The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist.