HomeMy WebLinkAbout2010/10/12 Item 2
CITY COUNCIL
AGENDA STATEMENT
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OCTOBER 12, 2010, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $133,333 FROM THE
AMERICAN RED CROSS AND APPROPRIATING SAID
FUNDS TO THE FISCAL YEAR 2010/2011 BUDGET OF
THE FIRE DEPARTMENT
FIRE CHIEF V~
CITY MANAGEl
4/STHS VOTE: YES I X I NO D
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The Chula Vista Fire Department has been awarded $133,333 from a grant sponsored by the
American Red Cross. This grant will provide a vegetation management program to significantly
reduce the impact of wildfires in Chula Vista.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 4 Categorical Exemption pursuant to Section 15304(i) (Minor Alteration of
Lands/Fuel Management Activities) of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DrSCUSSION
The Southern California Wildfires in 2007, specitically the Harris Fire, necessitated activating
the City's emergency operation center, evacuating residents and dispatching fire department
apparatus for wildland fire extinguishment within city limits. Throughout the County of San
Diego there were approximately 90,440 acres burned, five civilian fatalities, 36 tiretighter and 21
civilian injuries and 473 structures destroyed and 259 damaged. The total cost for damage and
fire suppression efforts was over 16 million dollars.
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OCTOBER 12, 2010, Item .=1
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The Red Cross received overwhelming support from the American public in response to the
devastation caused by the Southern California Wildfires in 2007, and established the 2007
Southern California Wildfires Recovery, Planning and Assistance Program ("the Program").
Through the Program, working with a number of other organizations, the Red Cross assists
designated beneficiaries with preparedness and or mitigation efforts.
The Chub Vista Fire Department applied for and was awarded funds in the amount of $133,333.
These hmds will be used to hire a contracting firm to perform brush management activities.
Specifically, brush management is the selective thinning and modification of combustible
vegetation to provide an acceptable level of risk from vegetation fires. This fuel moditication
reduces radiant and convective heat, thereby reducing the amount of heat exposure on the
structure and also providing fire suppression forces a safer area in which to take action.
The Chub Vista Fire Department has determined that the upper rim of Rice Canyon will receive
bmsh management and the department will utilize these funds to perform approximately 80 feet
of brush management from existing residential structures. The beneficiaries of the project are
primarily residents of the City of Chula Vista, as well as visitors to the area.
Some of the areas within Rice Canyon that are in need of fuel reduction currently support
sensitive biological resources that are protected under the City of Chula Vista's adopted Multiple
Species Conservation Program (MSCP) Subarea Plan. The City's MSCP Subarea Plan is
distinguished from other local MSCP Subarea Plans in that it contains brush management
guidelines to ensure public health and safety citywide without compromising the integrity of
sensitive biological resources within areas of native or naturalized vegetation. This is
accomplished by establishing a manageable firebreak (or defensible space) between all structures
and contiguous open space areas including the City's MSCP Preserve. The City's MSCP Subarea
Plan recognizes tllree general brush management "Zones" each requiring different levels of brush
management/fuel reduction activity depending on their distance from the structure and proximity
to open space areas.
These brush management Zones are summarized as follows:
Zone 1
. Implemented in an area at least 30 feet from existing structures
Vegetation (fuel load) is reduced to 18 inches in height
Zone 2
Implemented in an area extending 50 feet beyond Zone 1
Vegetation is reduced to a height ranging between two and tour feet
Requires hand clearing of dead underbrush
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OCTOBER 12, 2010, Item .:::l.
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Zone 3
. Implemented in an area extending 50 feet beyond Zone 2
Requires hand clearing of dead underbrush and thinning of canopies
Performed outside the bird breeding season (April I through June 3 I)
Based on the amount of the awarded funds, the City has funding sufficient to implement Zone I
and Zone 2 brush management as described above. The City's MSCP Subarea Plan's brush
management guidelines for Zone I and Zone 2 will be strictly followed in the performance of
any/all brush management work.
This funding, which allows for brush management activities, is part of the critical path to reduce
the potential loss of residences, structures, and lives during a wildfire. In accordance with the
grant program, the Chula Vista Fire Department will prepare and submit to the Red Cross
quarterly reports summarizing the tasks performed, expenditures, and future tasks.
DECISION MAKER CONFLICT
Staffhas reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
CURRENT YEAR FISCAL IMP ACT
Approval of this resolution will result in the appropriation 01'$133,333 to the supplies and
services category ofthe Fire Department budget. The grant flmding from the American Red
Cross will fully otlset these costs, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact for accepting these funds.
ATTACHMENTS
1. Grant Agreement, number 2007-202, between The American Red Cr()ss and the City ofChula
Vista.
2. Rice Canyon Exhibit
Prepared by: Justin Gipson, Deputy Fire Chief/Fire Nfarshal, Fire Department
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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Bart C?:Miesfeld !:>i}<'c_ -; 'I
City Attorney
Dated:
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GRANT AGREEMENT NUMBER 2007-202
BETWEEN
THE AMERICAN NATIONAL RED CROSS AND
THE CITY OF CHULA VISTA
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GRANT AGREEMENT
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This Grant Agreement ("Agreement") number 2007-202 is made by and between The American
National Red Cross, a charitable and nonprofit corporation chartered by Congress, having an
office at 2025 E Street NW, Washington, DC 20006 ("Red Cross"), and the City of Chula Vista
by and through the City of Chula Vista Fire Department having its office at 447 F Street, Chula
Vista, California 91910 ("Grantee").
The Red Cross received overwhelming support from the American public in response to the
devastation caused by the Southern California Wildfires in 2007 ("Disaster"), and has established
the 2007 Southern California Wildfires Recovery, Planning and Assistance Program ("the
Program"). Through the Program, working with a number of other organizations, tlie Red Cross
will assist designated beneficiaries with preparedness and or mitigation efforts.
In consideration of the foregoing, the promises contained in this Agreement and other good and
valuable consideration, the Red Cross and Grantee (each, a "Party'~ and collectively, the
"PartieS"), intending to be legally bound, agree as follows: .
1. PURPOSE OF GRANT AND BENEFICIARY CRITERIA
1.1. Purpose of Grant: As part of the Program, the Red Cross is providing a grant to Grantee
organization to assist with preparedness and mitigation effOlis.' in San Diego County.
The Grantee has requested funding, as detailed in the budget attached hereto as Exhibit 2
and made an integral part hereof ("Budget"), for a Brush Management project
("Project"), a description of which is attached hereto as Exhibit;1 and made an integral
part hereof. As described in more detail in the Project description, the Project activities
("Project activities") shall include but are not limited to the provision of brush
management, as defined below.
1.2.1. Grantee will participate in brush management activities and coordinate
vegetation management programs.
1.2.2. Grantee will detennine the areas to receive brush management.
1.2.3. The main geographic area where the brush management will take place is within
the City of Chula Vista.
1.2.4. The beneficiaries of Project Activities are primarily residents of the City of Chula
Vista as well as visitors to the area.
1.2.5. The Project Activities will be evaluated based on Project and Financial Reports
described in detail in Section 3.
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1.2. Red Cross Donor Intent: In keeping with the intent of Red Cross donors, the Grant
Funds (as defined in Section 2.1.1 below) must be used to SUppOliProject activities,
defined as follows:
1.3. Place of Performance: The principal place of perfonnance for Project activities is the
State of California.
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2. GRAl'lT AND DISBURSEMENTS
2.1. GRANT
2.1.1. Amount of Grant: The Red Cross agrees to provide Grantee with a grant up to
one hundred thirty-three thousand three hundred thirty-three dollars
($133,333.00) ("Grant" or "Grant Funds") to allow Grantee to perform the
Project activities.
2.1.2. Term of Grant: This Agreement will commence on the date of the last signature
of this Agreement and expire on the one (1) year anniversary date unless
otherwise terminated sooner or extended in accordance with this Agreement (the
. l1Grant Term").
2.1.3. Certain Tenus and Conditions of Grant: Grantee agrees to comply with the
following terms and conditions:
2.1.3.1.
To use the Grant Funds solely to support the Project activities as
prescribed in this Agreement.
2.1.3.2.
To use the Grant Funds in strict accordance with the Budget
att;';ched hereto as Exhibit 2 for the purpose of carrying out the
Project.
2'.1.3.3
To submit detailed reports as set forth in Section 3.
2.1.3.4
To return any unexpended Grant Funds, and any Grant Funds related to
unauthorized uses set forth in Section 5.4, to the Red Cross in the manner
prescribed by this Agreement.
2.1.4. Representations and Warranties. Grantee hereby represents, warrants and
covenants to the Red Cross that all information and documentation provided
to the Red Cross, in its application, request, or Proposal for this Grant, was
accurate and complete at the time it was provided, and that Grantee will
immediately notify the Red Cross in writing in the event that any of same is
no longer accurate or complete.
2.2. DISBURSEMENT
2.2.1. Disbursement and Reconciliation:
2.2.1.1. The Red Cross will make a disbursement of one hundred percent (100%) of
the Grant Funds to Grantee within ten (10) days after receipt by the Red
Cross of this Agreement duly executed by Grantee. Disbursement will be
made via check written payable to City ofChula Vista Fire Department.
2.2.1.2. Within thilty (30) days after receipt by the Red Cross of the Final Financial
Report, Grantee will repay to the Red Cross any of the Grant Funds which,
based on such document, were not expended. This obligation is in addition
to, and not in lieu of, Grantee's other obligations under this Agreement
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with regal'd to such Grant Funds, including without limitation under
Section 5 below.
3. REPORTING AND MONITORING REQUIREMENTS
It is the responsibility of Grantee to keep the Red Cross informed as to all Project activities for
which Grant Funds al'e expended by providing reports on a timely basis. Grantee must submit
detailed Project and Financial Reports in accordance with the submission schedule ontlined in
Section 3.3. The Project and Financial Reports must contain the requirements outlined in
Sections 3.1 and 3.2, respectively. Receipt of reports when due are required before subsequent
Grant Funds will be released. Failure to provide complete and timely repOlts will be considered a
breach of this Agreement. In addition, Gralltee shall be available for conference calls with the
Red Cross, on a quarterly or more frequent basis as desired by the Red Cross, to repOlt on Project
activities to date. .
3.1. Proiect Reports: Project Reports describe the progress that has been made on the Project
as outlined in the Job Description and Budget. .
3.1.1. First QUaJ1:er Bi-Quarterlv (45 dav) Proiect Report. This repOl1: must. contain
progress and findings on the Project alld its implementation during the first forty-
five (45) day period for which the report was issued and Indicate activities to be
undel1:aken in the next forty-five (45) day period. TM Project Report shall
contain a narrative describing (a) objectives supported by the Grant, (b) activities
carried out to meet each objective, (c) results accomplished, (d) any challenges
encountered and how they were resolved or plans for rei;olving, and (e) main
activities planned for the next forty five (45) day period. .It shall also include a
description and/or copies of any publicity received.
3.1.2. QUARTERLY Proiect Report: This report must contain'progress and findings
on the Project and its implementation during the quarter period for which the
report was issued and indicate activities to be undertaken in the next three month
period. 111e Project RepOl1:s shall contain a narrative describing (a) objectives
suppOlted by the Grant, (b) activities canied out to meet each objective, (c)
results accomplished, (d) any challenges encountered and how they were
resolved or plans for resolving, and (e) main activities planned for the next three
month period. It shall also include a description and/or copies of any publicity
received.
3.1.3. Final Proiect RepOl1:: This report shall contain activities undel1:aken and an
evaluation of their effectiveness in attaining the objectives of the Project. This
rep011: mnst include enough detail to acquaint the reader with the Project without
requiring this Agreement be reread. This rep011: must include a description or
copies of all approved communication and marketing materials for the Project.
This rep011: mnst also indicate which Project activities will be continued after the
end ofthe Grant Term and if other funds will support such activities.
3.2. Financial Rellorts: The Financial Reports detail the Grant Funds and the total value of
reimbursable services provided by the Grantee.
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3.2.1. First Quarter Bi-Qualierlv Financial Rel'ort: Grantee will prepare and submit a
First Qualier Bi-Quarterly Financial Report reporting the administration costs
and the total value of reimbursable services provided by the Grantee completed
during the first forty-five (45) days of the Grant Term. The financial reports
must include the grant expenses incurred to date in each of the grant budget line
items as well as receipts for the grant expenses incurred to date.
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3.2.2. Quarterlv Financial Report: Grantee will prepare and submit Qumierly Financial
Rep01is, reporting the administration costs and the total value of reimbursable
services provided by the Grantee during that three month period. This report
shall contain a fiscal acconnting of grant expenditnres and the receipts for Grant
Funds expended within that three month period.
3.2.3. :",Final Fin~cial Report: Graritee will submit the Final Financial Rep01i in
.accordance with Section 3.3. The Final Financial Report shall include
.: administration costs and a fiscal accounting of grant expenditures and receipts for
'. any Grant Funds spent that have not previously been accounted for. This report
is, mTIong other things, a basis for evaluating and identifYing any unused Grant
. Funds owed t.o the Red Cross, and closing the Grmlt.
3.3. REPORTS SUBMlSSION SCHEDULE
3.3.1. . Bi-Ouarterlv First Ouarter Progress Reports: The first and only Bi-Qnarterly First
Quarter Progress Report shall be submitted by Grantee at the conclusion of the
: first forty-five day period or approximately forty-five (45) days after receipt of
.. th!' first disbursem!'nt of Grant Fnnds.
.. 3.3.2. . Quarterlv Progress Reports: The first Qnarterly rep011 shall be submitted, by
. Grantee at the conclusion of the first quarter Or approximately ninety (90) days
after the date on which the Red Cross disburses the grant funds. Qualierly
'reports shall be submitted on a qUaJ1erly basis (i.e. every ninety days) thereafter
until the conclusion of the grant term.
3.3.3. Final Reports: The final unaudited Finmlcial aJld Project Reports shall be
submitted by Grantee no later than thirty (30) days after whichever of the
following first occurs: (i) termination of Project activities; (ii) expiration of the
Grant Term; or (iii) termination of this Agreement.
3.3.4. Delivery: All reports provided to the Red Cross under this Agreement shall be in
writing, duly signed by Grantee, and shall be delivered (i) electronically (as a
scanned digital document) to Elizabeth A. Blair, Esq. at
BlairE@usa.redcross.org; or (ii) by registered mail, certified mail, or nationally-
recognized overnight delivery service, to the following address: 2007 Southern
California Wildfires Recovery, Planning and Assistance Program, American Red
Cross, 3950 Calle F011unada, Sml Diego, California 92123, Attn: Elizabeth A.
Blair. Esq" Grants Compliance Officer.
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4. GRANT ACCOUNTING RECORDS
4.1. Recordkeeping: Grantee must maintain accurate, complete and detailed accounts,
records, and other evidence pertaining to services provided under this Grant so that the
value of services can be clearly calculated and audited as necessary.
4.2. Documentation: All activity funded by this Grant must be supported by an original
invoice, receipt, and other supporting documentation such as timesheets, vendor
invoices, etc., in accordance with Grantee's policies and procedmes, all of which may be
reviewed and andited by the Red Cross per Section 5 below.
4.3. Record Retention: All financial and project records must be kept on file and accessible
for a minimum of three (3) years after the later of: (i) the date of submission of the Final
Financial Report; (ii) the termination of the Agreement; (iii) the e;epiration' of the Graht
Term; or (iv) such other period of time as required by law, rule or regulation.
5. AUDIT REOUIREMENTS
5.1. Red Cross Audit: During the Grant Term and for one (I) year thereafter, the Red Cross
may, at its own expense, review and audit the records of Grante",'. as they relate to the
Proj ect. The Red Cross also may send its personnel to monitor Project progress and
accompany auditors retained by Grantee. Grantee will provide the Red Cross 'and its
agents access to all [mancial and programmatic files, accounts, records, contracts and
other documents related to this Agreement upon thirty (30) days prior notice during the
Grant Term and for three (3) years after expiration or termination of:the Grant Telm.
5.2. Corrective Action: If there are any audit findings related to the Project, Grantee must
ensure that appropriate corrective action is taken withinJifteen (15) days of receipt of
such information by Grantee and must identify to the Red Cross ih writing the contact
person responsible for the corrective actions and'the anticipated completion date.
5.3. Recovery: During the Grant Term and for a period of one (I) year thereafter, if it has
been identified that the Project was operated in a manner inconsistent with the
requirements of this Agreement, or non-compliant with any legal and or regulatory
requirements, the Red Cross may require immediate repayment of any Grant Funds.
5.4. Unauthorized Use of Fnnds: Grantee will not undertake any actions or incur any
expenses or make any commitments which would be inconsistent with the purpose of the
Project and this Agreement. Grantee will reimburse the Red Cross for all Grantee
expenditures determined by the Red Cross to be unauthorized within thirty (30) days
after notice from the Red Cross.
6. FINANCIAL. ADMINISTRATIVE AND COMPLIANCE RESPONSIBILITIES
6.1. Sub-grants. Assignment. and Subcontracts: Grantee may not assign or make subgrauts
of the Grant, or subcontract the services funded by the Grant, without the express prior
written approval of the Red Cross. Grantee assnmes full responsibility and liability for
all acts and omissions of all entities which are its assignees, subcontractors, and Sub-
grantees.
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6.2. Compliance: Grantee agrees to conduct all Project activities funded by this Agreement in
full compliance with all applicable federal, state and local laws, rules, regulations,
resolutions, orders, judgments, decrees and ordinances (collectively, "Regulations")
including but not limited to the following:
6.2.1. Grantee will assure that all recipients receive services without regard to race, sex,
education, ethnicity, socio-economic status, religion, disability, sexual
orientation, gender self-identification, age, country of origin, language, marital
status, citizenship, or immigration status.
6.2.2. Grantee is ;md will be in compliance with, and will cause its sub-contractors,
affiliates and agents to comply with, United States economic sanctions,
import/export Regulations, anti-bribery Regulations, anti-terrorism Regulations
"'~nd anti~money laundering Regulations, including but not limited to the USA
PATRIOT Act, the Regulations administered by the U.S. Treasury Department's
-.Office of Foreign Assets Control and Executive Order 13224.
6.3. Grant Funds Revision: If Grantee desires any revision of the total amount of the Grant
Funds, or a greater than ten percent (10%) revision of any budget category line item.
Grante.e must submit a formal request for approval to the Red Cross' 2007 Southern
California Wildfires Recovery, Planning and Assistance Program's Grants Compliance
Officer: The Red Cross may approve or deny any such request in its sole discretion.
7. PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT
Subject to the' terms and conditions of this Agreement, the Red Cross hereby grants to Grantee,
and Grantee hereby accepts from the Red Cross, a limited and non-exclusive license to use the
Red Gross trade names, trademarks, service marks and logos ("Marks", including without
limitation those' relating to the 2007 Southern California Wildfires Recovery, Planning and
Assistance Program solely to indicate that funding was provided by the Red Cross. Grantee shall
not sublicense, assign, or transfer the rights granted without the prior written consent of the Red
Cross.
Grantee agrees to .obtain the Red Cross's prior written approval of each and every use of the
Marks. The Red Cross will designate one of its communications department representatives to
coordinate review of such proposed uses, and such representative will endeavor in good faith to
respond to each proposed use within two (2) business days of receipt, it being understood that any
failure to respond within that or any other timeframe shall not be deemed to be an approval.
Grantee acknowledges and agrees that the Marks shall remain the property of the Red Cross and
that the license granted under this Agreement does not constitute a transfer to Grantee of any
ownership rights in the Marks. FUliher, Grantee agrees and acknowledges that Grantee's nse of
the Marks shall inure solely to the benefit ofthe Red Cross. Grantee shall not use 01' reference the
name or emblem of the Red Cross, including issuing any press releases or otherwise making any
public statement referring to this Grant 01' using the Red Cross name or emblem without the prior
written consent of the Red Cross. Grantee will acknowledge the Red Cross's role as the grantor
when issuing public cOlmnunications, such as but not limited to in press releases, brochures 01'
flyers.
The Red Cross has the right to share any and all infOlmation and/or materials received from
Grantee related to this Proj ect with donors and the media, except to the extent prohibited by
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applicable law. Any publicity regarding this Grant must be approved in advance in writing by the
Red Cross and include an acknowledgement that the Project was supported by the "American Red
Cross 2007 Southern California Wildfires Recovery, Planning and Assistance Program". The
Red Cross must preapprove in writing any public announcements and releases about the Grant.
This Agreement does not imply Red Cross endorsement of Grantee's services or activities.
8. AMENDMENTS
Grantee must provide the Red Cross with timely written notice of any material change in the
purpose, character, method of operation, or governance for the Project. All such changes must be
pre-approved in writing by the Red Cross. This Agreement, including its referenced attachments,
may be modified or amended only by (a) a written instrument executed by Grantee and the Red
Cross, or (b) written approval by the Red Cross of a requested modification to}he Budget.
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9. TERMINATION
Either Party may terminate this Agreement upon fifteen (15) days prior Written notice. Upon
sending or receiving a termination notice hereunder, Grantee must take immediate action to cease
all expenditures financed by this Agreement and to cancel all unliquidated obligations if possible.
Grantee may not enter into any additional obligations under this Agreement after notice of
termination hereunder. No further reirnburserilent will be made after the effective date of
termination. If the Red Cross terminates this Agreement for any reason other than Gni.ntee's
breach, it agrees to pay all documented, non-cancelable commitments pertaining to this Grant
made in good faith by Grantee prior to notice of termination. If Grantee brel).ches the Agreement
by failing to comply with its telIDS, the Red Cross reserves the right to immediately terminate the
Agreement and to receive repayment of any unexpended Grant.Funds and disallowed costs. The
Red Cross retains the right to recoup all disallowed costs from Grantee after tennination.
10. NOTICES
All notices provided for in this Agreement shall be in writing, signed, and shall include the name
of the Grant Project, the Agreement Number, and Grant Term. Notices shall be delivered,
telecopied, mailed by registered or certified air mail or sent by a nationally recognized overnight
delivery service, as follows:
If to the Red Cross:
2007 Southern California Wildfires
Recovery, Plmming and Assistance Program
American National Red Cross
3950 Calle Fortunada
San Diego, CA 92123
Attn: Grmlts Compliance Officer
with a copy to:
American National Red Cross
2025 E Street NW
Washington, DC 20006
Attn: Office of General Counsel
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If to Grantee:
City of Chula Vista Fire Department
447 F Street,
Chula Vista, California 91910
Attn: Justin Gipson
All notices shall be deemed to be properly given or made upon the earliest to occur of (i) actual
delivery, (ii) in the event of notlce by telecopy, confirmation by telecopy answer back (followed
promptly by the mailing of the original of such notice), (iii) five (5) business days after being
deposited in the mail or (iv) the next business day after being sent by overnight delivery service.
11. CONFIDENTIALITY
For the purposes:Of the Grant, confidential information includes the terms and conditions of this
Grant, all data and all information, systems, techniques, formulas, information relating to Red
Cross business, .marketing strategies, proposals, pricing or accounting data and any other
confidential matter relating or pertaining to the services provided by the Red Cross, released or
gathered by Grantee related to the Project, including but not limited to financial infonnation and
all other information identified as confidential prior to disclosure ("Confidential Information").
Grantee agrees It :will only use Confidential Infonnation for the purpose of providing services
under this Grant... Grantee agrees it will not disclose, publish, reproduce, sell, transfer, or display
in any form or otherwise disseminate Confidential Information to any third party, other than as
expressly authorized in this Agreement or as required by law. The Red Cross reserves its right to
seek injunctive relief if Grantees violates this Section II.
Upon receipt of any request, subpoena, or other legal obligation to produce any Confidential"
InfOlmaJion, Grantee may only release its own Confidential Information, and will promptly notify
the Office of General Counsel at the Red Cross if Grantee receives a request, subpoena, or other
legal obligation beyond the scope of Grantee's own Confidential InfOlmation. Grantee will
cooperate with the Red Cross to limit the scope of the request, subpoena, or other legal
obligation. .Either Grantee or the Red Cross may, take legal action to oppose such disclosure.
12. GOVERNING LAW; ARBITRATION
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this
Agreement by negotiation. If the Parties are unable to resolve the dispute by negotiation, they
may endeavor to resolve the dispute by mediation.
If the dispute is not resolved by mediation, or if either or both Parties are unwilling to engage in
mediation, then, subject to Section II, the Parties agree to resolve such dispute by arbitration
conducted in accordance with the rules of the American Arbitration Association. The place of
arbitration shall be Washington, D.C. The arbitration panel shall consist of three arbitrators, one
arbitrator appointed by each ofthe Parties, and the third arbitrator appointed by the two appointed
arbitrators ("Panel"). The Panel may, at its discretion, provide for discovery by the Parties not to
exceed a period of sixty (60) days from the date of filing of the notice of arbitration. The costs
and expenses of the arbitration, including arbitrators' fees but not including attorneys' fees, shall
be split equally between the Parties. The Panel is not empowered to award punitive or exemplary
damages. The arbitration shall be governed by the Federal Arbitration Act, 9 u.s.c. 99 1.16, and
the Agreement will be governed and constrned in accordance with the laws ofthe United Sates of
America and the District of Columbia, without giving effect to its conflict of law rules. The
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decision of the panel shall be final and binding on the Parties and judgment upon the Panel's
award may be entered by any court of competent jurisdiction.
13. INSURANCE, INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1. Grantee's Insurance: Grantee shall maintain the following insurance policies in full
force and effect for the tenn of this Agreement and any extensions thereof, and for
not less than three (3) years thereafter:
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13.1.3
13.1.4
a Commercial General Liability policy naming the Red Cross Indemnitees
(as defined in Section 13.4 below) as additional insnred parties in an
amount not less than .$1,000,000 combined single limit foi" each
occurrence;
an Auto Liability policy naming the Red Cross Indem~itees as additional
insured parties, including owned, non-owned, uninsured and under-insured
motorists coverage with at least $1,000,000 in coverage. Should the
Grantee not own anv vehicles but will be using hired or..borrowed vehicles
in furtherance of the activities of this Grant. Grantee shall either have a non
owned Auto Liability policv or shall ensure the Commercial General
Liability insurance is endorsed to include non own.ed Auto Liability
coverage;
a Workers' Compensation policy covering Grantee's employees with
statutory limits for each jurisdiction where the work required under this
Agreement and an employers' liability policy with at least the following
limits, $250,000 per accident, $500,000 per disease, and $250,000 disease
(each employee); and ..
Crime Insurance or Fidelity Bonding.of not less than the .total amount of
Grant Funds provided to Grantee under this Agreement.
All such insurance policies shall be written by duly licensed and admitted insurers in
the State of California, with an A.M. Best rating of not less than A-X and reasonably
acceptable to the Red Cross and shall be written as primary policy coverage and not
contributing with, or in excess of any coverage which the Red Ci"OSS may carry;
Grantee shall provide the Red Cross with certificates of its insurance upon request of
the Red Cross at any time, including but not limited to the period of Grant funded
activities and for as long as this Agreement is in effect. Such cettificate(s) shall
provide for not less than thirty (30) days prior written notic.e to the Red Cross of
cancellation.
13.2. GRANTEE SHALL BE SOLELY RESPONSIBLE FOR RISK OF LOSS OF ANY
PROPERTY, GOODS OR SUPPLIES PURCHASED WITH FUNDS PROVIDED
UNDER THIS GRANT AND TO ADEQUATELY INSURE SUCH PROPERTY,
GOODS OR SUPPLIES AT ALL TIMES FROM THE TIME OF PURCHASE.
13.3. Grantee shall indenmify, defend and hold hannless the Red Cross, its officers,
governors, agents, directors, employees, volunteers and their invitees (collectively the
"Red Cross Indemnitees") in respect of any and all claims and causes of action,
including without limitation, settlement costs and any legal or other expenses for
investigating or defending any actions or threatened actions arising from or in
connection with the Grant or activities performed hereunder including but not limited
to, breach of any obligation of Grantee under the Grant; any failure of Grantee to
2-1~
comply with applicable federal, state and local laws, regulations and ordinances; and
any other cause of action or claim arising out of the services provided or activities
and programs conducted by Grantee. This indemnification clause will survive
expiration of the Grant Term and termination of this Agreement and must be included
in all sub-grants or subcontracts entered into to fulfill purposes of this Grant.
13.4. IN NO EVENT SHALL THE RED CROSS BE LIABLE IN DAMAGES FOR
TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION 9, OR FOR
ANY. LOST PROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT
LIMITATION FOR PERSONAL INTIJRY, DEATH, COSTS OF DELAY, ANY
FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED PROPERTY OR
LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE WITH
RESPECT TO THE ACTIVITIES OF. GRANTEE REGARDLESS OF WHETHER
THE RED CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIABILITY OF THE RED CROSS ARISING UNDER THIS
AGREEMENT OR FOR TERMINATION OF THIS AGREEJ\1ENT PURSUANT
TO SECTION 9 SHALL IN NO EVENT EXCEED THE AMOUNT OF THE
GRANT FUNDS. THIS LIMITATION OF LIABILITY WILL SURVIVE
EXPIRATION OF THE GRANT TERM AND TERMINATIONS OF THIS
AGREEMENT, AND MUST BE INCLUDED IN ALL SUB-GRANTS,
SUBCONTRACTS, OR ASSIGNMENT AGREEMENTS ENTERED INTO
UNDER THIS GRANT.
14. MISCELLANEOUS
14.1. No Waiver. Failure of the Red Cross to enforce, or the delay by the Red Cross in
enforclng, any of the terms and conditions of this Agreement shall not be deemed a
continuing waiver or a modification to this Agreement.
14.2. Severabilitv. If any provision of this Agreement is held invalid, illegal, or
unenforceable by any court, it is the intent of the Parties that all other provisions of
this Agreement be interpreted to remain valid, enforceable, and binding.
14.3. Independent Contracting Parties. Nothing in this Agreement will create or will be
construed to create any association, partnership,joint venture, employer-employee, or
principal and agent relationship as between the Parties or as between the Parties and
any Sub-grantees.
14.4. Complete Agreement. This Agreement, including all Exhibits referenced herein,
which are an integral part hereof, contains the entire agreement and understanding
between the Parties relative to the subject matter herein, and supersedes all previous
oral and written negotiations, proposals, agreements and understandings relative to
such subject matter. In the event of any conflict between the provisions in the main
body of this Agreement and those in any of its Exhibits, the provisions in the main
body of this Agreement will gove111.
14.5. Headings. The headings used in this Agreement are provided for convenience only
and shall not be used to construe meaning or intent.
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14.6. Remedies. No provision of this Agreement is intended to limit the rights or remedies
of the Red Cross, under any other provisions of this Agreement or relevant law.
14.7 Force Maieure. Grantee shall be excused from performance of any obligation to
SUPPOlt Project activities under this Agreement to the extent that the timely
performance is rendered not feasible by any events outside the control of the Parties
("Force Majeure"). This Agreement may be terminated by either Party by providing
written notice to the other if a Force Majeure renders performance impossible. .
T
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2-15
AGREED:
City of Chula Vista Fire Department
By:
J~
Name:
Title:
Date:
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Sandoviil
ity M~er
1 J7 'J.D/tJ
Attached Exhibits:.
1 - Project description
2 -- Budget
2-16
The American National Red Cross
By:
~f.i!fi:~
Name: Richaid J. . . chs, PhD, CEM
Title: RP &A ,e,.dmi.nistrator
Date: Lf_/Y-;6
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Exhibit 1
2-17
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CnY OF
CHUlA VISTA
Fire Department
February 27,2009
San Diego American Red Cross
Attn: Cruz Ponce
3950 Calle Fortunada
San Diego, CA 92123
Main # 858.309.1200
Direct # 858.309.1289
Subject: Recovery Planning and Assistance Program Phase II'-:"'Wildfire
Donations
Please accept this letter as the Chula Vista Fire Department's official request for
consideration of the subject line topic. Specifically, $133,333 is requested for the
purpose of a mitigation program-vegetation management-that will significantly
reduce the impact of further wildfires.
At this time, the City has identified approximately four hundred sixty (460) acres
needing immediate vegetation management. In 2008, $533,333 in federal
funding was successfully earmarked for Chula Vista vegetation management
purposes. In order to receive this funding, the City must now go through the Pre-
Disaster Mitigation Grant Program (PDM09) and provide a cost match of
$133,333. All on-going vegetation management costs will be assumed by the
City of Chula Vista. This funding is part of the critical path of wildfire hazard
mitigation, as the City recently declared a fiscal emergency and can't afford to
monetarily support this effort. This project is the first of its kind in the South
County; by awarding a portion of the remaining wildfire donations, it will also be
the first to provide visible results and mitigate our wildfire threat.
In 2007, the Harris Fire necessitated activating the City's emergency operation
center, evacuation of residents and dispatching fire department apparatus for
wildland fire extinguishment within city limits. Over the period of this wildfire
incident there were: (1) approximately 90,440 acres burned, five civilian fatalities,
36 firefighter and 21 civilian injuries and 473 structures destroyed and 259
damaged. The total cost for damage and fire suppression efforts is over 16
million dollars.
The City of Chula Vista is moving toward the adoption of its own Wildland-Urban
Interface (WUI) Code. This code will be specific to our city's climatic, geological,
~,rt:.,
447 F Street. MS F-200 PRIDE
Chula Vista, CA 91910 AT WaR K I
, Phone (619) 691-5055 2-18 www.chulavistaca.gp.
Fax (619) 691-5057 -() Post-Comumer Recycled Parr
and topographical needs. As published by DUDEK and Associates, the purpose
of this WUI Code Implementation Project is to minimize the risk of wildfire while
providing for the preservation and management of sensitive biological resources.
This pre-disaster strategic plan provides analysis and risk assessment of the
City's WUI areas, and based on that risk; lays out a baseline of WUI related code
revision recommendations. It should be noted that these efforts began prior to
the 2003 San Diego Wildfires.
The WUI Code Implementation Project indicates that a significant wildfire threat
exists within Chula Vista because of several hazardous wildland areas and
canyons within the city, including the perimeter of the city adjacent to the Otay
Reservoir, the intermix surrounding Rice Canyon and neighboring canyons, and
the lower Otay River bottom. This threat is substantiatet;! through a series of fire
modeling assessments as performed within' the scope of the WUI' Code
Implementation Project. In addition, the City's Hazard Mitigation Plan identifies
wildland fires to be the greatest hazard to the city. This known hazard was
further validated during the Wildfire Storm in 2003 and again in 2007. Initial and
on-going vegetation maintenance throughout the city is critical to reduce the
potential loss of residences, structures, and lives during a wildfire conflagration.
It is estimated that several thousand structures-are currently at risk.
Some of these areas in need of fuel reduction currently support sensitive
biological resources that are protected under the City of Chula Vista's adopted
Multiple Species Conservation Program (MSCP) Subarea Plan. In consultation
with the Wildlife Agencies, the City. has developed Area Specific Management
Directives (ASMDs) for its Preserve land. The ASMDs provide specific
guidelines for long-term maintenance and management of the Preserve,
including techniques for implementing brush mimagement. The WUI Code has
been uniquely modified to incorporate fuel reduction techniques that are
consistent with the City's MSCP Subarea Plan and the ASMDs, and
complementary to the brush management recommendations of the WUI Code.
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If these funds are awarded, the City would be able to mitigate its greatest threat,
wildfires.
Sincerely,
Justin Gipson
Fire Marshal
Recovery Planning 2'!l~ tssistance Program Phase II-Wildfire Donations
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Exhibit 2
2-20
City of Chula Vista Fire Department
Budget
Proqram Costs:
Brush Management $133,333
Total $133,333
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $133,333 FROM THE
AMERICAN RED CROSS AND APPROPRIATING SAID
FliNDS TO THE FISCAL YEAR 2010/2011 BUDGET OF THE
FIRE DEPARTMENT
WHEREAS, the Chula Vista Fire Depmiment has been awarded $133,333 from a grant
sponsored by the American Red Cross; and
WHEREAS, this grant will provide a vegetation management program to significantly
reduce the impact of wildfires in Chula Vista; and
Presented by
Approved as to form by
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WHEREAS, these tlmds will be used to hire a contracting firm to perform brush
management activities; and
WHEREAS, this funding is pmi of the critical path to reduce the potential loss of
residences, structures, and lives during a wildfire; and
WHEREAS, the funds provided by the American Red Cross will completely otIset the
brush management costs.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby accept $133,333 from the American Red Cross and appropriate said funds to the
supplies and services category uf the Fire Department.
David Hanneman
Fire Chief
~-''':'~:'~,'::::::::~/'~-' f^~/~
// -. ../ -:;;;.::>;-:: -
'------.--. (. ..c:
Bart C. M'lesfeld 7> 'i."'<."7 O(
City Attorney
2-23
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