Resolution Accepting the Grant Award and Authorizing the City Manager to Execute a Grant Agreement with the State Department of Forestry and Protection.

Meeting Date: December 17, 2013,

Agenda Item #4. Resolution Accepting the Grant Award and Authorizing the City Manager to Execute a Grant Agreement with the State Department of Forestry and Protection.

(Note from TheGardeningSnail: parts of this page were prepared via software that converts Image Files to Text files. My apologies if any textual gremlins crept in during the process)

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STAFF REPORT

AGENDA ITEM: Resolution Accepting the Grant Award and Authorizing City Manager to Execute a Grant Agreement with the State Department of Forestry and Fire Protection.

MEETING DATE: December 17, 2013

PREPARED BY: Paul Avila, Battalion Chief

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution No. 2013- , accepting the Grant Award and Authorizing City Manager to Execute a Grant Agreement with the State Department of Forestry and Fire Protection.

BACKGROUND:

On August I , 2013, the Livingston City Volunteer Fire Department submitted a $10,000 grant application to the State Department of Forestry and Fire Protection. The application called for funding through the Cooperative Forestry Assistance Act of 1978 Volunteer Fire Assistance Program for structure protective clothing.

Items proposed on the application include; four structure jacket/pants and helmets (safety equipment/gear) for a total estimated project cost of $10,000 with a 50% or $5,000 local match requirement.

The City Volunteer Fire Department decided to leverage budgeted resources under the Fire Protection Development Impact Fund.

DISCUSSION:

That Council accept the $5,000 grant award and authorize execution of a grant agreement with the State Department of Forestry and Fire Protection.

FISCAL IMPACT:

City to match grant funds dollar for dollar: $5,000 City match to be funded by the Fire Protection Development Impact Fund

ATTACHMENTS:

I . Resolution No. 2013-

1. Grant Agreement with the State Department of Forestry and Fire Protection (Exhibit A)

RESOLUTION NO. 2013-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING GRANT AWARD AND AUTHORIZING THE

CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE STATE DEPARTMENT OF FORESTRY AND FIRE PROTECTION

WHEREAS, the City of Livingston Volunteer Fire Department submitted a grant application for funding to the State Department of Forestry and Fire Protection on August 1, 2013; and

WHEREAS, the total project cost proposed on grant application is $10,000; and

WHEREAS, funding program requires a 50% local match or $5,000; and

WHEREAS, items proposed on application include structured protective clothing (safety equipment) consisting of jackets/pants/and helmets for the City of Livingston Volunteer Fire Department.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby adopts a Resolution to accept grant award in the amount of $5,000 and authorizes the City Manager to execute a grant agreement with the State Department of Forestry and Fire Protection.

Passed and adopted this 17th day of December, 2013, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 17th day of December, 2013.

Antonio Silva, City Clerk of the City of

Livingston

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA

Natural Resources Agency

Agreement for the Volunteer Fire Assistance Program of the Cooperative Forestry Assistance Act of 1978

THIS AGREEMENT, made and entered into ON THE LAST SIGNATORY DATE ON PAGE 6, by and between the STATE of California, acting through the Director of the. Department of Forestry and

Fire Protection hereinafter called "STATE", and City of Livingston

hereinafter called "LOCAL AGENCY", covenants as follows: RECITALS:

I. STATE has been approved as an agent of the United States Department of Agriculture, (USDA),

Forest Service for the purpose of administering the Cooperative Forestry Assistance Act (CFM) of 1978 (PL 95-313, United States Code, Title 16, Chapter 41, Section 2010 et seq., Volunteer Fire Assistance Program), hereinafter referred to as "VFA", and

2. The VFA has made funds available to STATE for redistribution, under certain terms and conditions, to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability, and

3. LOCAL AGENCY desires to participate in said VFA.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL:This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. TIMELINESS: Time is of the essence in this Agreement.

6. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the address specified in paragraph 11, with a postmark no later than December 1,2013 or LOCAL AGENCY will forfeit the funds.

VFA Controct (I012013)

7. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2013-14 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

8. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $5000 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Exhibit(s) A, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 6 and JUNE 30, 2014.

This sum is the sole and maximum payment that STATE will make pursuant to this Agreement. LOCAL AGENCY must bill STATE, in triplicate, at the address specified in paragraph 11, with a postmark no later than August 31,2014 in order to receive the funds.

The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice or proof of payment to vendor(s) must be included for items purchased.

9. LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFA, upon expenditure of United States Government Funds.

Pursuant to Title 7 of the Code of Federal Regulations, Section 3016.32 subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY.

For any equipment items over $5,000, the federal government may retain a vested interested in accordance with paragraph 16 below.

10. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as "VFA Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as "Exlubit(s) A".

No amount of unpaid "contributed" or "volunteer" labor or services shall be used or consigned in calculating the matching amount "actually spent" by LOCAL AGENCY.

LOCAL AGENCY shall not use VFA Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFA Funds.

VFA Contract (10/2013)

l l. ADDRESSES: The mailing addresses of the parties hereto, for all notices, billings, payments, repayments, or any other activity under the terms of the Agreement, are:

clip_image002[4]LOCAL AGENCY:

GrJ I/

STATE: Department of Forestry and Fire Protection Cooperative Fire Programs, Room 1653-2A P. 0.Box 944246

Sacramento, California 94244-2460

PHONE: (916) 653-6179

FAX (916) 653-9708

12. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY.

13. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

14. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement.

Any increase in funding will require an amendment.

15. UNPERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Exhibit A application, made by STATE, will be in writing and will require an amendment.

16. FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in any item purchased with VFA funding in excess of $5,000 regardless of the length of this Agreement, until such time as the fair market value is less than $5,000. The VFA percentage used to purchase the equipment will be applied to the sale price and recovered for the Government during the sale. This percentage will remain the same even following depreciation.

VFA Contract (10/2013)

The Federal Government may not have to be reimbursed if the disposal sale amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE Sacramento Property Office of the disposal of such items.

17. EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be assigned a VFA Property Number by the STATE Sacramento Property Office.

LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 11. The STATE Sacramento Property office will advise the appropriate STATE Unit and LOCAL AGENCY contact of the VFA Property Number assigned.

18. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.

LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further,

LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

19. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY, the dispute will be decided by STATE and its decision shall be final and binding.

20. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

21. DRUG-FREE WORKPLACE REOUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

VFA Contract (I0/2013)

b. Establish a Drug-Free Awareness Program to inform employees about:

I) the dangers of drug abuse in the workplace;

2) the person’s or organization’s policy of maintaining a drug-free workplace;

3) any available counseling, rehabilitation and employee assistance programs; and,

4) penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the proposed Agreement will:

1) receive a copy of the company’s drug-free workplace policy statement; and,

2) agree to abide by the terms of the company’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

22. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 6 and continue through June 30, 2014.

23. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

24. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

25. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

VFA Contract ( I0/2013)

IN WITNESS WHEREOF, the parties have executed this Agreement as of the last signatory date below.

STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION

By: _ Signature

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