Loading...
HomeMy WebLinkAbout08761 ORDINANCE NO. 8761 AN ORDINANCE APPROVING AND ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND DEPARTMENT OF HOMELAND SECURITY (DHS) GRANT, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PD1410 FOR THE ASSISTANCE TO FIREFIGHTERS GRANT, BUDGETING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $24,840 FOR THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT, AND TRANSFERRING FUNDS IN THE AMOUNT OF $2,760 TO PROJECT NO. PD1410 WHEREAS, the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS) has tendered a grant award to the City of Pueblo in the amount of $24,840, and WHEREAS, acceptance of the award is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement and Grant Agreement Articles, true copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. Project No. PD1410 Assistance to Firefighters is hereby established. The grant amount of $24,840 is hereby budgeted and appropriated to Project No. 1409 for expenditure for the purposes authorized by the grant agreement. SECTION 3. The City of Pueblo will be required to contribute $2,760 to Project No. PD1410. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached contract to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: July 28, 2014 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: August 11, 2014 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 28, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Dale E. Villers – Fire Department SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND DEPARTMENT OF HOMELAND SECURITY (DHS) GRANT, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PD 1410 FOR THE ASSISTANCE TO FIREFIGHTERS GRANT, BUDGETING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF $24,840 FOR THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT, AND TRANSFERRING FUNDS IN THE AMOUNT OF $2,760 TO PROJECT NO. PD1410 SUMMARY: Attached is an Intergovernmental Agreement between the City of Pueblo and the Federal Emergency Management Agency (FEMA) and Department of Homeland Security (DHS) concerning a grant award to the City of Pueblo Fire Department for the purchase of SCBA cylinders. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of the Assistance to Firefighters Grant is to provide funding, in the amount of $24,840, directly to the City of Pueblo Fire Department in order to replace or upgrade old/obsolete/damaged personal protection equipment (PPE). FINANCIAL IMPLICATIONS: If the City accepts the grant, as recommended, the City is required to contribute 10% of the grant total to the purchase of PPE/SCBA equipment in the amount of $2,760.00. Other costs of this grant include the Finance Department staff time to review expenditures and to prepare and submit grant-required financial reporting. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve this Ordinance, FEMA’s funding for this project will go back to the Federal government as it cannot be utilized for anything else, and the City will be in violation of Federal regulations as the intergovernmental agreement will not be completed. RECOMMENDATION: Approval of the Ordinance. Attachments: Intergovernmental Agreement Grant Application Department Certification Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2013-FO-06935 GRANTEE: City of Pueblo Fire Department AMOUNT: $27,600.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefigl and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project submitted as part of the recipient's the project narrative as well as the request details section of the application -including budget information -was Assistance to Firefighters Grant program's purpose and worthy of award. The recipient shall perform the work de grant application as itemized in the request details section of the application and further described in the grant ar sections of the application are made a part of these grant agreement articles by reference. The recipient may no material deviations from the approved scope of work outlined in the above referenced sections of the application approval, via amendment request, from FEMA. Grantee Concurrence By providing the Primary Contact's electronic signature and indicating acceptance of the award, the recipient acc by the terms and conditions of the grant as set forth in this document. Recipients agree that they will use the funs Fiscal Year 2013 Assistance to Firefighters grant in accordance with these Articles of Agreement and the progra the Fiscal Year 2013 Assistance to Firefighters program guidance. All documents submitted as part of the origini made a part of this agreement by reference. Period of Performance 04-JUN-14 to 03-JUN-15 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgE classes for this grant(including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $27,600.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $27,600.00 https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fi re_admin/awards/spec/view_awar... 6/23/2014 NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) Any questions pertaining to your award package, please contact your GPD Grants Man Specialist: Nancy Cannon at Nancy.Cannon@fema.dhs.gov. 3856 characters left System for Award Management(SAM) Prior to requesting federal funds,all recipients are required to register their entity information in the Sys Management(SAM.gov).As the recipient, you must register and maintain current information in SAM.gov until financial report required under this award or receive the final payment, whichever is later. This requires that the r the information at least annually after the initial registration, and more frequently for changes in your information. register in SAM.gov. Your registration must be completed on-line at https://www.sam.gov/portal/public/SAM/. It to have a valid DUNS number at the time of registration. FEMA Officials Program Officer:The Program Specialist is responsible for the technical monitoring of the stages of work and tr activities described in the approved grant application. If you have any programmatic questions regarding your gr; Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administer business matters. The Officer conducts the final business review of all grant awards and permits the obligation o any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants ManagemE Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and adi matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5( specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE)(max 4000 characters) Any questions pertaining to your award package, please contact your GPD Grants Man. Specialist: Nancy Cannon at Nancy.Cannon@fema.dhs.gov. 3858 characters left https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 Agreement Articles ,trAanyk:.. U.S. Department of Homeland Security vraFEMA '' Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM -Operations and Safety GRANTEE: City of Pueblo Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2013-FO-06935 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Administrative Requirements Article II Lobbying Prohibitions Article III Financial Reporting Article IV GPD-Trafficking Victims Protection Act of 2000 Article V GPD- Drug-Free Workplace Regulations Article VI Fly America Act of 1974 Article VII Activities Conducted Abroad Article VIII Acknowledgement of Federal Funding from DHS Article IX Copyright Article X Use of DHS Seal, Logo and Flags Article XI DHS Specific Acknowledgements and Assurances Article XII Civil Rights Act of 1964 Article XIII Civil Right Act of 1968 Article XIV Americans with Disabilities Act of 1990 Article XV Age Discrimination Act of 1975 Article XVI Title IX of the Education Amendments of 1972 Article XVII Rehabilitation Act of 1973 Article XVIII Limited English Proficiency Article XIX Animal Welfare Act of 1966 Article XX Clean Air Act of 1970 and Clean Water Act of 1977 Article XXI Protection of Human Subjects Article XXII National Environmental Policy Act(NEPA) of 1969 Article XXIII National Flood Insurance Act of 1968 Article XXIV Flood Disaster Protection Act of 1973 https://e services.fema.gov/FemaFireGrant/fi regrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 Article XXV Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Article XXVI USA Patriot Act of 2001 Article XXVII Environmental Planning and Historic Preservation Screening Article XXVIII Vehicle Awards Article I -Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: -Office of Management and Budget(OMB)Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(also known as the"A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." -OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: -OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. -OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. -OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230. —OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Article II-Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. Article III-Financial Reporting Recipients will be required to submit a semi-annual Federal Financial Report(FFR), Standard Form (SF-425) through the AFG online e-grant system. The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. The FFR is due semi-annually based on the calendar year beginning with the period after the award is made. Recipients are required to submit an FFR throughout the entire period of performance of the grant. The reporting periods for the FFR are January 1 through June 30 (report due by July 31), and July 1 through December 31 (report due by January 31). At the end of the grant's period of performance, all recipients are required to produce a final report on how the grant funding was used and the benefits realized from the award. Recipients must submit a final financial report and a final performance report within 90 days after the end of the period of performance. Article IV-GPD-Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. §7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient-(a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or(c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article V -GPD-Drug-Free Workplace Regulations haps://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_awar... 6/23/2014 �5 All recipients of financial assistance will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR3001. Article VI - Fly America Act of 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.-4 -§40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article VII-Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII -Acknowledgement of Federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX-Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgement of Government sponsorship(including award number)to any work first produced under an award. Article X-Use of DHS Seal, Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XI -DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree-and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XII-Civil Rights Act of 1964 Recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.§ 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII-Civil Right Act of 1968 All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(42 U.S.C.§ 3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features(see 24 CFR§ 100.201). Article XIV-Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12101-12213). Article XV-Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §6101et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI -Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. § 1681 et seq.),which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII - Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended,which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII - Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. Article XIX-Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX-Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI- Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46,which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXII - National Environmental Policy Act(NEPA)of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act(NEPA),as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants(and certain non-construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIII -National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44CFR Part 63. Article XXIV- Flood Disaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV-Coastal Wetlands Planning, Protection,and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3)of NEPA(42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXVI -USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. Article XXVII -Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment)that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor/fill station/cascade system (Fixed)for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, vehicle exhaust systems(fixed)or washer/extractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security/Federal Emergency Management Agency-website at: https://www.fema.qov/library/viewRecord.do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Article XXVIII -Vehicle Awards If awarded any AFG vehicle grant, you must obtain a vehicle purchase contract from the vendor or manufacturer and send it by e-mail to your AFG Regional Representative. A list of the AFG Regional Representatives and their contact information can be found on the AFG website at http://www.fema.gov/fire- grant-contact-information. The grantee must include in their vehicle purchase contract specific performance requirements and penalties (penalty clause)for noncompliance with the requirements. The clause should specify a delivery date for the vehicle under contract and include a provision for a penalty for non-delivery on the specified date. Non- delivery by the contract's guaranteed date should require a penalty for non-performance of at least$100 per day until the date that the vehicle is delivered. https://eservices.fema.gov/FemaFireGrant/fi regrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 It is recommended that any department/organization that will advance their own local funds to their vendor prior to receipt of the vehicle obtain a performance bond. The bond may be obtained through the vendor or a local bank. It is required that any department/organization that will advance of Federal funds to their vendor prior to receipt of the vehicle obtain a prepayment bond. A prepayment bond may be obtained through your bank or the vendor. The cost for the bond may be included in the grant. Grantees that fail to comply with these requirements--fail to provide the AFG with a copy of the vehicle purchase contract, or fail to obtain the necessary prepayment bond -will not be eligible for an extension of the grant's period of performance. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to firegrants@dhs.gov. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 1a.AGREEMENT NO; 2 AMENDMENT 3 RECIPIENT.NO 4:TYPE OF SwGONTROLNOt EMW-2013-FO-06935 NOS 84-6000615 ACTION W518706N 0 AWARD 6.RECIPIENT NAME'AND 7 ISSUING OFFICE_ANDaADDRESS 8 PAYMENTTOFFICEaAND ADDRESS ADDFtES'S Grant Programs Directorate FEMA, Financial Services Branch City of Pueblo Fire 500 C Street,S,W. 500 C Street,S.W.,Room 723 Department Washington DC,20528-7000 Washington DC,20472 1551 Bonforte Blvd POC:Marketa Walker Pueblo Colorado,81001-1642 9 NAME OF RECIPIENT PHONENO 10 NAME DFPROJECT COORDINATOR PHONE NO PROJECTMOFFICE_R 7195532830 Catherine Patterson 1-866-274-0960 Shawn Shelton 1;17.'EFFECTIVE,DATE'OF 12.METHOD OF 13_ASSISTANCE ARRANGEMENT 14ePERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:04-JUN To:03 JUN-15 04-JUN-14 SF-270 14 Budget Period F rom:05-MAR-To:30-SEP-14 14 15.,,DESCRIPTION OFACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO ACCOUNTINGaDATA PRIOR AMOUNT CUCUM RRENT Mt91ATIVE NAME (ACOS CODE) TOTAL AWARDEDTHIS TOTAL1 NON ACRONYM XXXX-XXX-XXXXXX-XXXXX- AWARD ACTION AWARD FEDERAL XXXX-XXXX-X +OR(-) COMMITMENT AFG 97.044 2014-M3-C111-P4310000- $0.00 $24,840.00 $24,840.00 $2,760.00 4101-D TOTALS $0.00 $24,840.00 $24,840.00 $2,760.00 b TO:describe changes other hanfunding data or financial�changes atteci*ti di-0„ir dycheck41.* N/A 160:FOR NON-DISASTER PROGRAMS:RECIPIENT IS'REQUIREDLTO SIGN AND,RETURKTHREE(3),COPIES OF:THIS DOCUMENT TO'FEMA(See Block 7 for address) Assistance to Firefighters Grant 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`_FORDISASTER PROGRAMS RECIPIENVIIS NOTREQUIRED TO.SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. G 1:7..RECIPIENT`SINATORYOFFICIAL(NameTand Title) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL.(Narie and Title) DATE Marketa Walker 03-JUN-14 Go Back https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_awar... 6/23/2014