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HomeMy WebLinkAbout135-09 RESOLUTIONRESOLUTION NO. 135-09 A RESOLUTION AUTHORIZING THE FAYETTEVILLE FIRE DEPARTMENT TO APPLY FOR AN AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANT IN THE AMOUNT OF $5,000,000.00 FOR THE REPLACEMENT AND RELOCATION OF FIRE STATION #2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Fire Department to apply for an American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Station Construction Grant in the amount of $5,000,000.00 for the replacement and relocation of Fire Station #2. PASSED and APPROVED this 16th day of June, 2009. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer `�l��tinrrrrrrfrr� .``� FtKITRf q''% 4U• •�S' sro yF•AYRE1LS°L•E=; ; ::-. id • i1/4" G70N ` Nichol S o TONY JOHNSON Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements tell Le Ccf City Council Meeting Date Agenda Items Only FIRE Division Action Required: FIRE Department Permission to apply for an ARRA (American Recovery and Reinvestment Act) Assistance to Firefighters Fire Station Construction grant in the amount of $5,000,000. This grant program does not require any matching funds. Cost of this request 1010.0001.4309.00 Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Federal Grant Revenues Program Category I Project Name Revenue Program / Project Category Name General Fund Name Department Director j e (/ City Attorney 'NA o_ -�► Finance and Internal Services Director Date 6-5.65 Date to 01 Date 4120__ Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. Received in City Clerk's Office ikt ENTERED Received in Mayor's Office ENTER 0 Is '.7 Comments: Revised January 15, 2009 The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 www.accessfayetteville.org June 4, 2009 To: Mayor Jordan Fayetteville City Council From: Tony Johnson, Fire Chief Subject: Request to Make Grant Application The Department of Homeland Security, Federal Emergency Management Agency has announced that money is available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) in the amount of $210,000,000 to fund the construction and modification of fire stations. The program will be administered by the Assistance to Firefighters Program Office under FEMA's Grant Programs Directorate. The Grants under this new program will be awarded directly to the fire departments on a competitive basis. 1 am requesting permission to apply for $5,000,000 for the replacement and relocation of fire station #2 which is located at 708 N. Garland, adjacent to the U of A campus. This is a "true" grant, and if awarded, will not require a funding match from the City of Fayetteville. Fire station #2 has been targeted by the Fire Station Concept and Deployment Plan of 2003 for replacement and relocation. This is the same plan that added Station #7 in 2005, Station #3 in 2008, and relocated Station #5 in 2007. A site has yet to be determined for the new fire station however, the fire department is working on securing a site that will optimize the response times for the immediate response area and the City as a whole. Thanking you in advance for your consideration and approval. Honor, Commitment, Courage; Our people make the difference! RESOLUTION NO. A RESOLUTION AUTHORIZING THE FAYETTEVILLE FIRE DEPARTMENT TO APPLY FOR AN AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANT IN THE AMOUNT OF $5,000,000.00 FOR THE REPLACEMENT AND RELOCATION OF FIRE STATION #2. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Fayetteville Fire Department to apply for an American Recovery and Reinvestment Act (ARRA) Assistance to Firefighters Station Construction Grant in the amount of $5,000,000.00 for the replacement and relocation of Fire Station #2. PASSED and APPROVED this 16th day of June, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ., DE 'ARtl ENT OF LI OMELANFD EC IRJ FISCAL YEAR 2009 ARRA. Assistance to Firefighters Fire Station Construction Grants GUIDANCE AND APPLICATION KIT MAY 2009 U.S. DEPARTMENT OF HOMELAND SECURITY PART L FUNDING OPPORTUNITY DESCRIPTION Assistance to Firefighters Fire Station Construction Grants (FSC) provide financial assistance directly to fire departments on a competitive basis to build new or modify existing fire stations in order for departments to enhance their respdnse capability and protect the community they serve from fire and fire -related hazards. The authority for FSC is derived from the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). Congress appropriated a total of $210 million for this Fiscal Year (FY) 2009 program. Our primary goal is to help fire departments meet their firefighting and emergency response needs. • FSC seeks to support organizations lacking the tools and resources necessary to effectively protect the health and safety of the public and their emergency response personnel with respect to fire and all other hazards. The purpose of this package is to provide an overview of the FSC, the formal grant guidance and the application materials needed to apply for funding under this program. An explanation of the Department of Homeland Security (DHS) requirements for implementation of a successful application is also included. Our job at DHS is to provide clear guidance and effective application tools to assist applicants. Our customers are entitled to effective assistance during the application process and transparent, disciplined management controls to support grant awards. DHS intends to be good stewards of precious Federal resources and common-sense partners with our first responder colleagues. A. Federal Strategy The FSC Program is an important part of the Administration's larger, coordinated effort to stimulate the economy while strengthening homeland security preparedness. The National Preparedness Guidelines, which comprise an all - hazards vision regarding the Nation's four core preparedness objectives: prevent, protect, respond and recover from both terrorist attacks and catastrophic natural disasters, and their associated work products are of particular significance. The National Preparedness Guidelines define a vision of accomplishment, and provide a set of tools to forge a unified national consensus about what to do and how to work together at all levels of government in order to effectively respond to all hazards. First responder participation is paramount to the Guidelines' success. DHS expects its first responder partners to be familiar with the National Preparedness Guidelines, and to consider these guidelines when assessing their needs and developing their grant requests. 2 B. Priority Development Process As with other grant opportunities for fire departments, DHS consulted with a panel of fire service professionals representing the nine major fire service organizations to recommend funding priorities and other implementation criteria for FSC. This criteria development panel was charged with making recommendations to DHS regarding the creation of funding priorities, as well as developing criteria for awarding grants. These nine organizations are: • Congressional Fire Services Institute (CFSI) • International Association of Arson, Investigators (IAA) • International Association of Fire Chiefs (IAFC) • International Association of Firefighters (IAFF) • international Society of Fire Service Instructors (ISFSI) • National Association of State Fire Marshals (NASFM) • National Fire Protection Association (NFPA) • National Volunteer Fire Council (NVFC) • North American Fire Training Directors (NAFTD) For this funding opportunity, we asked additional stakeholder organizations to provide input into the FSC program priorities. The following non -fire service organizations provided feedback for our proposed priorities: • National Association of Counties • National Governor's Association • National League of Cities • U.S. Conference of Mayors This document reflects DHS' incorporation of the recommendations provided by the criteria development panel with respect to the priorities, direction and criteria for awarding grants. An of the funding priorities for the FSC are designed to address first responder safety, enhance response capabilities and/or expand mutual aid. In evaluating requests for assistance under the FSC, DHS takes into account the benefit to be derived from the costs of the grant activity when considering each application for award. DHS has determined a risk-based focus achieves this cost - benefit consideration. In addition, frequency of use and level of population protected are measures of risk as well as indicators of the benefit derived from an award. Therefore, DHS provides a higher level of consideration to applicants with significant levels of incidents and those who protect large populations relative to other applicants, regardless of the type of community served. The specific criteria for our highest priorities are set forth in Part 1. Section C. Funding Priorities of this guidance. C. Funding Priorities The purpose of FSC is to provide economic stimulus in the form of jobs and increase the safety of the firefighters and the communities they serve. As such, all program priorities focus on the timeliness of the implementation of the construction project, the effect the new or modified facility will have on the health and safety of the firefighters as well as the benefit the new or modified facility will have on the protection of the community. Since ane of the priorities of the ARRA is to stimulate the economy,by providing jobs, DHS will provide the high consideration to departments serving communities. that have suffered the highest increases in joblessness rates. To assess this criterion, the change in the joblessness rates from 2007 to 2008 in your county or community will be compared. We provide the highest consideration to fire departments that own or have otherwise already acquired the land where they plan to construct or modify their fire station. We also provide the highest consideration to requests where the applicant's land is already zoned for the new or modified structure and where the applicants have already obtained the permits for their project including any State or locally required environmental assessments. However, no preference is given to requests for constructing new stations or to requests for modifying/improving stations already in existence. While the type of the project is not considered (i.e., DHS will not differentiate between new construction and modifications), the purpose of the construction or modification will have a bearing on the award determination. In this regard, the ARRA has two, equally high priorities: 1) To replace unsafe or uninhabitable structures regardless of whether the project calls for the construction of a new building or the rehabilitation of an existing structure. Applicants claiming unsafe or uninhabitable structures may be required to provide documentation regarding the nature of the health or safety deficiencies. Any health -code violations or orders to vacate unsafe structures must pre -date the enactment of the ARRA for consideration. 2) To fund projects expanding fire protection coverage to meet increased service demand in compliance with NFPA 1710 or 1720. In these instances, expanding fire protection coverage under a community's capital improvement plan will receive higher consideration than expansion projects not engaged in capital improvement planning. The next priority is to fund projects modifying or expanding existing structures to provide sleeping quarters and/or amenities for full-time occupancy (to allow for habitation 24 hours per day). A slightly lower priority is to fund modifying or expanding existing structures to accommodate support functions such as 4 communications. The lowest priority is to. fund projects replacing or expanding habitable structures that are cramped or inefficiently configured for operation. Another community characteristic that will be assessed is the community's status under the National Flood Insurance Program (NFIP). Applicants serving communities not in good standing under NFIP receive lower consideration than departments serving those communities in good standing or those which have not been mapped. In determining which requests should be funded, the ultimate result of the project will be considered. The criteria development panel recommended and DHS concurred that the highest priority is projects providing a safer working environment for the department's firefighters or projects providing improved response times to the population the department protects. DHS believes expanding a structure to provide amenities for full-time occupancy in order to meet service demand would comply with this criterion by improving response times. Lower priorities are assigned to projects expanding an existing structure to house support functions such as communications. Based on recommendations provided by the criteria development panel, additional consideration is provided to projects that will be designed and built according to the most recently approved requirements, codes, and standards developed by the International Code Council (ICC) as well as NFPA standards that involve fire station construction. These standards include sprinkler systems (in accordance with NFPA 1, chapter 13) as well as smoke/carbon monoxide detection systems and vehicle exhaust extraction systems (in accordance with NFPA 1500, chapter 9). FSC projects must include these features in order to receive consideration. Also, additional consideration will be provided to projects that include sleeping quarters and other amenities to allow for full-time occupancy — 24 hours per day, seven days a week, 365 days a year. The timing of the project would have an effect on both stimulating the local economy in addition to improving protection of the firefighters and the community. As such, projects capable of starting immediately upon receipt of DHS approval receive higher priority. Also, projects that will be completed on an expedited schedule will receive higher priority. The length of time your department has been attempting to build a new station would be an indication of need. Departments having permits or that have forgone capital building plans for extended periods of time receive higher priority than departments that do not yet have permits or that have not yet forgone their capital building plans. Projects already having the utilities on or adjacent to, the property where the construction will occur receive a higher consideration than projects not having immediate utility access. There is no cost -share required under the FSC. However, the willingness or ability of a community to contribute to the project is a desirable attribute. A community 5 contribution demonstrates commitment, enhances the award and provides a greater cost -benefit to the project. As such, applicants who contribute toward the project receive higher consideration than applicants who are relying entirely on the grant funding for their project. The higher the percentage of the contribution, the higher the consideration the grantee receives for funding. Grantees will be obligated to provide the cost -share if they pledged to provide the cost -share in their application. Be advised that the cost -share declared in the application is only applicable to the eligible costs of the project. Costs associated with ineligible portions of the construction project — such as the cost of a ballroom or law enforcement annex — are not considered to be part of the grantee's cost -share. As stated above, one of the primary concerns of this program is firefighter safety. In addition, one of the program's priorities is to improve a department's response times. The criteria development panel recommended and DHS agreed training is critical for achieving both firefighter safety and effectively improving response. As such, the FSC will take applicants' training levels into consideration when award decisions are made. Applicants with significant numbers of firefighters trained to NFPA 1001 receive higher consideration than departments with low compliance. Other department characteristics taken into consideration are the applicant's call volume, the population protected by the department, whether or not the applicant provides EMS service in addition to fire suppression, and the positive affect the new structure will have on the department's ability to improve mutual aid. DHS determined the frequency of use and the size of population protected are both a measure of benefits derived from any award. Higher consideration is given to departments with higher call volume and a higher population protected. Higher consideration is also provided to applicants who, if awarded, will improve their ability to provide mutual aid. With regard to protection of wetlands and floodplain management, DHS will not support development or new construction or substantial renovation in wetlands, designated floodways or velocity zones. Fire stations can be newly constructed or undergo substantial renovation in flood plain areas, provided that the clearance process steps of Executive Order 11988 is followed (e.g., no other reasonable alternative location exists) and provided that all appropriate flood plain management requirements of National Flood Insurance Program participation are followed. This would include protection of the new construction or substantial renovation. Fire stations are considered critical facilities for flood plain management purposes, and therefore new construction or major renovations must be protected to the 500 year flood level. DHS will take the location of the modification and/or new construction into account when evaluating the viability of any project. 6 PART 111 ELIGIBILITY INFORMATION A. Eligible Applicants Eligible applicants for FSC are limited to non -Federal fire departments operating in any of the 50 states plus the District of Columbia, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa and Puerto Rico are eligible for funding. Any authority having jurisdiction (AHJ) may apply on behalf of the fire department if the AHJ has authority over the fire department and will be contributing toward the project administratively, financially or both. A "fire department" is defined as an agency or organization having a formally recognized arrangement with a State, territory, local or tribal authority (city, county, parish, fire district, township, town or other governing body) to provide fire suppression to a population within a fixed geographical area on a first -due basis. For the purposes of these grants, DHS considers two or more separate fire departments sharing facilities as one organization. This determination is designed to avoid duplication of benefits. DI -IS believes two or more fire departments sharing facilities should be able to satisfy all of their facility needs with one application. Therefore, if two or more organizations sharing facilities each submit an application, all applications will be deemed ineligible. Non -Federal airport and/or port authority fire departments are only eligible if they have a formally recognized arrangement with the local jurisdiction to provide fire suppression on a first -due basis outside the confines of the airport or port facilities. Airport or port authority fire departments whose sole responsibility is suppression of fires on the airport grounds or port facilities are not eligible for funding under FSC. B. Ineligible Applicants For the FY 2009 program year, each eligible applicant may only submit one FSC application. If an eligible applicant submits multiple applications, all applications will be deemed ineligible. Other applicants who are ineligible for funding include: • Fire departments that are Federal, or contracted by the Federal government, whose sole responsibility under a formally recognized agreement is suppression of fires on Federal installations or land • Non -firefighting organizations such as EMS or rescue organizations 9 • Fire stations that are not independent entities, but are part of, controlled by or under the day-to-day operational direction of a larger fire department or agency • Fire departments that are for-profit departments (i.e., do not have specific nonprofit status or are not municipally based) • Airport fire departments • Fire training centers • Emergency communications centers • Auxiliaries and fire service organizations or associations • Dive teams and search and rescue teams, or any similar organizations that do not have fire suppression responsibilities C. Cost Sharing There are no cost share requirements under FSC. However, if the applicant pledges to contribute toward the construction project in their application, as a condition of award, they are required to contribute to the final costs of project in the same ratio pledged in the final approved application. Costs associated with ineligible portions of these construction projects (such as the addition of a ballroom) are not eligible, thus cannot be considered as part of any cost -share. D. Allowable Expenses and Cost Restrictions for Fire Station Construction The only activities funded by the FSC are the building of new or modification of existing fire stations. Construction of any facilities other than fire stations (e.g., structures for training or emergency operations centers) is not eligible for funding. D.1. Eligible Items When formulating the costs associated with a building modification, the applicant should be aware of costs for code improvements that may be triggered by "substantial improvement" stipulations under the National Flood Insurance Program's regulations and/or local building codes. Generally, reconstruction, rehabilitation, addition, or other improvement of a structure where the cost exceeds 50 percent of the market value of the structure may trigger other code upgrade requirements that the applicant may have to incorporate into their project. Within the fire stations built or modified under the FSC, the following items, activities or expenses are eligible: • Building construction • Environmental assessment • Building site preparation, including demolition, if necessary 10 • Design, planning, and engineering expenses incurred after award • Expenses necessary to comply with the most current edition of NFPA1500 • Expenses necessary to comply with the locally adopted building, fire, plumbing, mechanical and electrical codes. • Sprinklers or other life safety and fire protection systems • Vehicle exhaust extraction systems • Decontamination areas • Space for training (up to 600 square feet) • Space for gender -segregated sleeping • Gender -segregated restrooms • Space for exercise equipment • Kitchens • Kitchen appliances • Dining/eating area • ADA compliance • Gear racks, storage and shelving for gear/equipment • Internet cabling • Energy conservation systems (Leadership in Energy and Environmental Design - LEEDTM) • Renewable energy for HVAC and power systems D.2. Ineligible Items • Land acquisition • Cost overruns • Fire station staffing • Pre -award costs (including but not limited to design, planning, and engineering expenses incurred prior to award) • Grant writing fees • Space for public use (ballrooms, community meetings, fund raising) • Furnishings (including office/training equipment) • Exercise equipment • Firefighting equipment • Personal protective equipment • Washers/extractors • Apparatus • Vehicle mounted exhaust extraction systems • Landscaping • Security systems • Decorative items (curtains, wall hangings, etc.) • Projects that duplicate any other Federal awards • Demolition costs not related to the funded project The cost for space for any activities that are not directly related to the daily operation of the fire department — such as community meeting space, ballrooms, 11 '‘1 administrative support, or other governmental functions such as police or emergency management annexes — are not eligible for Federal funding. These types of amenities, facilities, or functions may be included in the overall design and construction of the station project, but the costs would not be eligible for Federal reimbursement. Eligible costs will be limited to the cost of the operational space. The eligible cost of the construction will be total cost net of the cost of the non- operational or otherwise ineligible space. The cost of the non -operational space will be based on square footage of the identified. ineligible space compared to the overall project square footage of the entire project. The ability of the department to use non -operational space for eligible activities, such as training, does not mean that the space is eligible. For example; a room that is 50 feet by 100 feet could be used for training, but it is likely that the primary purpose of that room would be for social or community events, not for training. We will not fund space that is clearly meant for non -operational use. While the cost of non -operational space is not eligible for Federal funding, it does contribute to the purpose of the ARRA (i.e., creating and/or sustaining jobs). As such, DHS will not penalize any applicant that includes additional, non -fire operational space in their construction project. However, applicants will be required to identify the additional costs associated with the non -operational space in their application. Again, the cost of the non -operational space may be incorporated into a structure, but the costs will not be eligible for Federal funding nor inclusion as a local cost -share. The costs for the non -operational space will be assessed during DHS' technical review and removed from the overall approved project costs. The costs will be determined on a prorated basis — the square footage of the non -operational space compared to the total square footage of the structure. E. Other Allowable Costs This section describes additional costs that may be paid using FSC Grant funds. Applicants should be aware all costs will be taken into consideration when evaluating the benefits of the funding being requested. Expenses that support the administration or oversight of the project over and above the direct construction costs are eligible, but if excessive, may affect the overall evaluation of the application. 1. Administrative Costs: Administrative costs are allowable under any of the program areas listed above in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State, Local and Indian Tribal Governments, or OMB Circular A-122, Cost Principles for Nonprofit Organizations, as applicable. (For more information about Circulars, go to 2 CFR Part 225 or Part 230, respectively, or to www.whitehouse.gov/omb/circulars.) Applicants may apply for administrative costs if the costs are directly related to the implementation of the project(s) for which they are applying. Administrative costs are identifiable costs directly associated with the implementation and management of the grant and cannot exceed three percent (3%) of the award. 12 2. Indirect Costs: Indirect costs are those incurred for common or joint objectives that cannot be readily identified with a particular final cost objective. A cost may not be allocated to an award as an indirect cost, if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost. In order to charge indirect costs to the grant, an applicant must have a federally approved indirect cost rate. Documentation of a federally approved indirect cost rate agreement must be submitted to DHS prior to submitting any claims for reimbursement of indirect costs. In order to be considered allowable, the rate must be consistent with its established terms and charged appropriately to the applicable base. For example, some indirect cost rates may not apply to capital procurements. 3. Audit Costs: Grantees must comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. Recipients of Federal funding that expend more than $500,000 in Federal funds (from all Federal sources) in their fiscal year are required to have a single audit for each year in which their level of expenditures exceeds the threshold. (For more information about OMB Circulars, go to www.whitehouse.gov/omb/circulars.) If a single audit is required, a portion of the audit cost would be allowable, if included in the application budget and should be charged a prorated share of the costs of the single audit to the grant. For example, if you expend $100,000 from the FSC and $400,000 from the Forestry Service during your fiscal year, DHS will allow you to charge one-fifth of the audit cost to the FSC Grant. DHS does not require any other audits; therefore, the grantee cannot charge any other audit expenses to the grant. 4. Costs for Historic and/or Environmental Assessments: Cost incurred in order to comply with guidance on environmental planning and historic preservation (EHP) requirements for grant funded projects involving new construction, renovation, and modifications to buildings and structures that are 50 years old or older — including demolition -- are eligible. The projects funded under the FSC have the potential to affect environmental resources and historic properties through ground disturbance, impact to wetlands, floodplains, coastal zones, and other water resources, alteration of historically -significant properties, and impact to threatened and endangered species. As such, the costs associated with compliance with the EHP are eligible if incurred after award. F. Reasonableness of a Request The peer review panelists review all applications in the competitive range and judge each application on its own merits. Also, the costs will be reviewed by technical specialists that are familiar with construction projects. The panelists and the technical specialists will consider all expenses budgeted, including administrative and indirect costs, as part of the cost -benefit determination, and may recommend appropriate adjustments. Regardless of the eligibility of any costs requested, DHS reserves the right to reduce any requests for assistance, in whole or in part, that they deem to be excessive or otherwise contrary to the best interests of this program, i.e., DHS may reduce the number of the projects requested contained in an application 13 or may reduce the funding on a specific project that includes budgeted items that are extraneous or ineligible. Applicants who submit false information with their applications, or misrepresent their organizations in any material manner, will have their applications deemed ineligible by DHS and referred to the DHS' Office of Inspector General (OIG) for further action, as appropriate. 14