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1. Resolution 5415 - Grant Acceptance and Appropriation - Fire DepartmentDATE: February 4, 2010 TO: Mayor 'T'ammi Fisher and Kalispell City Council FROM: Dan Diehl, Fire Chief Jane Howington, City Manager • Fire Station Construction Grant Award RE: On February 2, 2010, the Department of Homeland Security announced a grant award to the Kalispell Fire Department for $1,348,039 for the renovation of Fire Station 61 located downtown at 312 1't Avenue East. The grant application was to add additional space over the current apparatus floor, correct multiple code deficiencies in the fire station, create an entry for the community to access the fire department, and stimulate the local economy with this process. There is no funding match required for this grant. It is my recommendation to approve this grant. Dan Diehl Fire Chief bane Howington City Manager "Protecting our community with the highest level of professionalism." RESOLUTION AMENDING APPROPRIATIONS OF THE CITY O KALISPELL, MONTANA, AS SET FORTH IN THE 2009-2010 BUDGET ADOPTED , DEPARTMENTTHE CITY COUNCIL FOR THE PURPOSE OF ACCEPTANCE OF A OF HOMELAND SECURITY GRANT. WHEREAS, on September 8, 2009, the City Council adopted Resolution 5389 adopting the annual appropriations of the City of Kalispell for fiscal year 2009-2010; and WHEREAS, on February 2, 2010, the City of Kalispell was informed that it was a recipient of a grant award from. the Department of Homeland Security in the amount of $1,348,039 for the renovation of Fire Station 61, located at 312 1st .Avenue East, and WHEREAS, said funds available to the City were not appropriated pursuant to Section 7-6- 4271, and an increase of appropriation authority is needed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City Council hereby accepts the Department of Homeland Security Grant in the amount of $1,348,039. SECTION II. That the City Council hereby appropriates the sum of $1,348,039 and directs the Finance Director to allocate said amount. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR. OF THE CITY OF KALIS PELL, THIS 16TH DAY OF FEB R.UARY, 2010. Tarr mi Fisher Mayor ATTEST: Theresa White City Clerk Panel review Page 2 of 8 Mr. Dan Diehl Kalispell Fire Department PG Box 1997 Kalispell, Montana 59903-1997 Re: Grant No. Ell W 2009-FC-01097R Dear Mr. Diehl: On behalf of the Federal Emergency Management Agency (FEMA)/Department of homeland Security (DhS), I am pleased to inform you that your grant application submitted under the American Recovery and Reinvestment Act Assistance to Firefighters Station Construction Grants (ARRA-SCG) has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration, carries out the Federal responsibilities of administering your grant. The approved project costs total to $1,348,039.00. 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. if your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1-850-274-0960. Sincerely, W 3 1 ! 5 1+ 0 �sE Timothy W. manning Deputy Administrator for National Preparedness and Protection https:lleservices.fema.govIFemaFireGrantlflregrantljsplfire_ad inlawardslspeclview award... 21512014 Panel Review rage i or 6 F : FEMA MqM U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANTS -- Firefighter Safety or Community Safety GRANTEE: Kalispell Fire Department PROGRAM: Firefighter Safety or Community Safety AGREEMENT NUMBER: EMW-2009-FC-01097R AMENDMENT NUMBER: Article Article 11 Article III Article IV Article V Article VI Article VI Article VIII Article IX Article X Article X1 Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concurrence Period of Performance Amount Awarded Financial Guidelines Prohibition on Using Federal Funds GPD Allocations Financial Reporting Other Reporting FEMA officials Additional Requirements The purpose of the ARRA-SCG is to build new or modify existing fire stations in order for departments to enhance their response capability and protect the community they serve from fire and fire -related hazards. 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 - inciuding budget information -- was consistent with the programs 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 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 II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees https-.Heservices.ferna.gov/FemaFireGrantlfiregrantlj splfire—admire/awards/spec/view award... 21512010 Panel tteview Page 4 of 8 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 ARRA-SCG in accordance with these Articles of Agreement and the program guidelines provided in the ARRA- SCG Guidance and Application Kit. 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 12-DEC-09 to 11-DEC-12. Article 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 each object classes of this grant: Administrative Expenses and Legal Expenses $0.00 Relocation Expenses and Payments $0.00 Architectural and Engineering Fees $106,850.00 Construction $11237, 689.00 Demolition and Removal $3,500.00 Equipment $0.00 Land Development $0.00 Land, Structures, Rights -of -way, Appraisals, etc. $0.00 Other Architectural and Engineering Fees $0.00 Preliminary Expenses $0.04 Project Inspection Fees $0.00 Site Work $0.00 Project (Program) Income $0.00 Other $0.00 Total $1,348,039.00 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, and Audit 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) https://eservices.fema.gov/FemaFireGrant/firegrantlj sp/fire_admin/awards/spec/view award... 2/5/2010 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 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 written approval of FEMA. Article Vil - GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the ARRA- SCG guidance and application kit. Article Vill - Financial Reporting The grantee must complete an on-line, semiannual financial status report to meet FEMA requirements. Semiannual financial reports 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, or upon 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. if a grantee's performance period is extended beyond the initial 12-month period, a financial report is due every six month increment until closeout. Article IX - other Reporting Additional ARRA Reporting and Compliance Requirements The ARRA-SCG must comply with additional reporting and compliance requirements as dictated in the ARRA language and additional OMB Guidance. 1. other Standard Terms and Conditions. All other grant policy terms and conditions contained in applicable Department of Homeland Security (DHS) Grant Policy Statements apply unless they conflict or are superseded by the following terms and conditions implementing the American Recovery and Reinvestment Act of 2009 (ARRA) requirements below. Recipients are responsible for contacting their grant managers for any needed clarifications. Sub -awards include sub -grants and sub -contracts issued from this award. 2. Recipient Reporting. a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (http:.... 1! __ .ccr.gv) at all times during which they have active federal .. .. .. . .... awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://w.d�b.cc�rrs) is one of the requirements for registration in the Central Contractor Registration. d) The recipient shall report the information described in section 1512(c) of the Recovery Act https.11eservices.fema.govlFem.aFireGrantlfiregrantlj splfireadminlawardslspeclview__award... 2/5/2010 Panel Review Page b of 8 using the reporting instructions and data elements that will be provided online at h p `_ .._ _ _ ,l .. ...pain .. and ensure that any information that is pre --filled is corrected or updated as needed. 3. Buy American - Use of American Iron, Steel, and Manufactured Goods Recipients may not use any funds obligated under this award for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States unless DHS waives the application of this provision. (ARRA Sec. 1605) 4. wage Rate Requirements Subject to further clarification issued by the Office of Management and Budget and notwithstanding any other provision of lave and in a manner consistent with other provisions of ARRA, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this award shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. with respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (ARRA Sec. 1606) 5. whistleblower Protection - Each recipient or sub -recipient awarded funds made available under the ARRA shall promptly refer to the DHS Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub -recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. (ARRA Sec. 1553) The DHS Office of Inspector General can be reached at ................_ -..Q ... anent.. ....... .. of _ire. 6. DUNSICCR — Recipients must require that first tier sub -recipients begin planning activities, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR) no later than the first time ARRA data requirements are due. 7. Schedule of Expenditures of Federal Awards a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements' and OMB Circular A--102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OM B Circu lar --102 is available at . _ /.........:.. _........_ _ ._ u _ _ ... _...._ .a . _ .... _ .. .. b} For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-1331 "Audits of States, Local Governments, and Nonprofit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. OMB Circular A--133 is available at .... ........... l...... lhl _ ...... _...._ _ - - ... l-11.. --3-- _ _. --3- .. _ _try.. This shall e accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rooms under Item 9 of Part 111 on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part Ill on the SF -SAC. c) Recipients agree to separately identify to each sub -recipient, and document at the time of sub - award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. when a recipient awards Recovery Act funds for an existing program, the information furnished to sub -recipients shall distinguish the sub -awards of incremental Recovery Act funds from regular sub -awards under the existing program. d) Recipients agree to require their sub -recipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub - recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, https-.Heservices.fema.gov/FemaFireGrant/firegrantljsp/f re_admin/awards/spec/vlew award... 21512010 Fanel Review rage 1 of zs Offices of Inspector General and the U.S. Government Accountability office. 8. Responsibilities for informing Sub -recipients Recipients agree to separately identify to each sub -recipient, and document at the time of sub -award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of ARRA funds. 9. The recipient agrees that all allocations and use of the funds under this grant will be in accordance with the current version of 2 CFR Part 176 and any updates hereafter. 10. All recipients must register at :...............-.F-e,d e_r.a I.. _ .._ _.r.t.._ . - prior to fulfilling their reporting obligations. Article X - FEMA officials Program officer: Torn 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. 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 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 -GM D at 866-927-5646 to be directed to a specialist. Article XI - Additional Requirements The recipient is prohibited from obligating, expending or drawing down funds provided through this award until FEMA completes and approves all required reviews. Upon approval, the special condition will be removed and the grantee will be notified via an amended award package. ARRA-SCG are subject to all applicable environmental and historic preservation requirements. Applicants seeking assistance to build new or modify their facilities may undergo additional screening. Specifically, FEMA is required to ascertain to what degree the proposed station construction or renovation 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 station construction can proceed -- except for project planning — prior to formal written approval from FEMA. As your award includes station construction, 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 (step hen. pezzetti a@dhs.gov). Noncompliance with these provisions may jeopardize an applicant's award and subsequent funding. ARRA-SCG award recipients (grantees) must also agree to: (1) Perform, within the designated period of performance, all tasks (scope of work) as outlined in the grantee's application as approved by FEMA in accordance with these Articles of Agreement. (2) The grantee is not required to provide any cost -share for the ARRA-SCG. However, if the grantee offered to share in the cost of the project in their application, they are obligated to provide a cost -share at no less than the percentage pledged in the application. https:lleservices.fensa.gov/FemaFireGrantlf regrantlj sp/f readmin/awards/spec/view award... 215120 i o Panel Review Page 8 of 8 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT la. AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO EMW-2009-FC-01097R NO. 81-6001281 ACTION W468976N 0 AWARD 6. RECIPIENT NAME AND 7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA, Financial Services Branch Kalispell Fire Department 500 C Street, S.W. 500 C Street, S.W., Room 723 312 1 st Ave East Washington DC, 20472 Washington DC, 20472 Kalispell POC: Andrea Day 202-646-4223 Montana, 59901-4985 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 4067587761 Tom Harrington 1-866-274-0960 Dan Diehl 11. EFFECTIVE DATE OF 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:12-DEG- To:11-DEC-12 12-DEC--09 SF-271 09 Budget Period From:03-NOV- To:30-SEP-10 09 15. DESCRIPTION OF ACTION a. (indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE NAME (ACCS CODE) TOTAL AWARDED THIS TOTAL AWARD NOW ACRONYM XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION FEDERAL XXXX-XXXX-X + OR (-) COMMITMENT ARRA-SCG 97.115 201 O-R2-312OGF-25000000- $0.00 $1,348,039.00 $1,348,039.00 $0.00 4101-D TOTALS $0.00 $1,348,039.00 $1,348,039.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT 1S REQUIRED To SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) ARRA--SCG 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) DATE N/A NIA 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Nica Mathes 20-NOV-09 Go Back https:lleservices.fema.govlFe naFireGrantlfiregrantljsplfire adminlawardslspeclview award... 21512010