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HomeMy WebLinkAbout09114 ORDINANCE NO. 9114 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO COUNTY, COLORADO AND THE CITY OF PUEBLO RELATING TO THE USE OF ONE PRIME MOVER FIRE APPARATUS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the County of Pueblo, Colorado and the City of Pueblo relating to the use of one Prime Mover Fire Apparatus, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED: _ March 27, 2017 BY: Ed Brown PASSED AND APPROVED: April 10, 2017 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 27, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PUEBLO COUNTY, COLORADO AND THE CITY OF PUEBLO RELATING TO THE USE OF ONE PRIME MOVER FIRE APPARATUS SUMMARY: Attached is an intergovernmental agreement between the City of Pueblo and Pueblo County, Colorado relating to the use of one prime mover fire apparatus. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This intergovernmental agreement between the County of Pueblo and the City of Pueblo allows the Pueblo Fire Department to store and use a 2016 Ford F-550 prime mover vehicle. The County purchased the vehicle, using Chemical Stockpile Emergency Preparedness Program (CSEPP) grant funds. The stipulation on the use of the vehicle is that it must remain in the County of Pueblo and be available for deployment to any emergency arising from the CESEP program. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT THIS..INTERGOVERNMENTAL AGREEMENT is made and entered into this /041. day ofL2017 by and between Pueblo County, Colorado ("County") on behalf of the Pueblo County Sheriff's Office Emergency Services Bureau and the City of Pueblo Fire Department("City"). WITNESSETH: WHEREAS, the Colorado Division of Emergency Management (CDEM), through an agreement with the Federal Emergency Management Agency (FEMA) distributes Chemical Stockpile Emergency Preparedness Program (CSEPP) funds to affected local governments to improve the capacity to plan for and respond to all hazard incidents within Pueblo County and; WHEREAS, the County, through its Pueblo County Sheriffs Office Emergency Services Bureau and the Chemical Stockpile Emergency Preparedness Program (CSEPP), has been a sub- grantee recipient of CSEPP funds in the past and was awarded CSEPP funding to purchase one (1) Prime Mover Fire Apparatus to provide decontamination support to Pueblo County in the event of a hazardous material incident; and WHEREAS, the City can staff, maintain and put said vehicle to productive use and assist County with respect to hazardous material responses and the CSEPP Program; and WHEREAS, Section 18(2)(a) an (b) of Article XIV of the Constitution of the State of Colorado and the Colorado Intergovernmental Relations Statute, Section 29-1-201, et seq., C.R.S. authorizes political subdivisions to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units, including the sharing of costs, if such contract sets forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the contracting parties. WHEREAS, City and County are each a political subdivision as defined in Section 29-1- 202(2), C.R.S. and desire to cooperate and contract among themselves with respect to the use of the vehicle and the CSEPP Program. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein, the parties agree as follows: I. PROPERTY: County shall provide for use by City the following described property: One (1) Prime Mover Fire Apparatus and related equipment itemized and set forth in the attached Exhibit A ("Vehicle"). II. OBLIGATIONS OF CITY: A. City will provide automobile liability and property damage insurance for the vehicles and equipment as defined below in Section VII. B. City shall pay for all fuel utilized by their use of the vehicles and equipment and provide routine daily/weekly maintenance of the equipment including L.O.F. (Lube, Oil, Filter) services, minor repairs/replacement of tires, except repairs and maintenance covered by a manufacturer's warranty. C. City shall provide inside secure storage at all times for the Prime Mover Fire Apparatus and either inside or outside safe storage for the related equipment. D. City shall not remove any signage on the Vehicle without express permission of the County. E. City shall provide authorized personnel for the deployment and operation of the vehicle and equipment and shall use the property in a careful and proper manner and in cooperation with the County, will maintain the property in good repair and condition. F. Compliance with Federal Agreement Terms and Conditions — Federal Law — Rules and Regulations. City shall comply with all terms and conditions the County has entered into with the State as a part of the grant application process and as outlined in the grant agreement between the State of Colorado and FEMA, and all applicable laws, regulations, policies and guidance related to this program. These include, but are not limited to, compliance with the following: i. Exhibit B: FEMA Assurances-Non-Construction Programs ii. Exhibit C: FEMA Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirement G. City shall provide the Vehicle for decontamination support to a CSEPP accident or incident and other hazardous materials responses within their jurisdiction or as requested under mutual aid agreements; provided, however with a CSEPP accident or incident taking precedence. H. At all times during City business hours, County shall have the right to enter the premises where the property is located for the purpose of inspecting the property. III. OBLIGATIONS OF COUNTY: County will retain ownership of the vehicle and equipment and will pay for the costs of licensing. 2 IV. LIMITATIONS WITH RESPECT TO NON-CSEPP RESPONSES: A. If vehicles and/or equipment are used for a non-CSEPP billable hazardous material response, any moneys recovered may be used by the City to pay personnel costs of responders assigned to the response and operating costs of the equipment. Any excess funds recovered shall be deposited into the Pueblo City- County Hazardous Materials Committee Recovery Fund. V. TERM/TERMINATION: Unless sooner terminated as provided herein, the term of this Intergovernmental Agreement shall commence on the date of execution and approval by the parties and terminate at the end of the CSEPP Program or five (5) years, whichever is longer. This Agreement may be renewed for an additional thirty-six (36) month term only by a separate written agreement signed by the parties. Either party hereto may terminate this Agreement at any time and for any reason by giving thirty (30) days prior written notice to the other party. Additionally, if City fails to perform any of the conditions of this Agreement, County may terminate this Agreement and City's right to possession of the Vehicle hereunder, and immediately repossess the Vehicle without prior demand on or notice to the City; provided, however, no such repossession shall occur at a time when the Vehicle is deployed in an emergency response. VI. DISCLAIMER OF WARRANTY: County has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition of the Vehicle or equipment. VII. INSURANCE: City shall, at its sole cost and expense, procure and maintain during the entire period of this Agreement hereunder, the following coverage and limits of insurance with companies acceptable to the County. A. Automobile liability insurance for all automobiles and vehicles, whether owned or hired, with personal injury and property damage limits of no less than $150,000.00 for any injury to one (1) person in any single occurrence, and $600,000.00 for any injury to two (2) or more persons in any single occurrence, or such other limits as may be applicable to City under the Colorado Governmental Immunity Act naming Pueblo County as an "Additional Insured" as owner of the Vehicle and the State. B. Automobile physical damage insurance covering the Vehicle for comprehensive with a deductible of no more than $1000.00 and collision with a deductible of no more than $1000.00 naming Pueblo County and State as "Loss Payees." 3 C. Worker's Compensation Insurance. The parties agree that, for purposes of worker's compensation claims, the City is the primary employer responsible for its employee and statutory volunteer claims. Each party will provide evidence of worker's compensation coverage. Coverages enumerated in this insurance provision represent only the minimum insurance required by the County and State, and City should rely on its expertise to obtain additional insurance coverage needed for the County and City in its performance hereunder. The City's liability insurance must establish Pueblo County and State as "additional insureds." If requested by County, City shall provide County with certificates of insurance indicating County is covered by insurance as set forth above and a copy of the "Additional Insured" endorsement, establishing such additional insured status. Where requested and furnished, such certificates must be approved by County prior to the commencement of any work hereunder. Each such certificate shall provide that County shall receive thirty (30) days prior written notice of cancellation of such insurance coverage. VIII. NON-DISCRIMINATION: The City agrees to comply with the letter and spirit of all applicable state and federal laws, rules and regulations and executive orders of the Governor of Colorado respecting non- discrimination. IX. NOTICES: All notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class, United States mail, postage prepaid to the other party at the following addresses: City of Pueblo Fire Department Attn: Chief Shawn Shelton 1551 Bonforte Blvd. Pueblo, Colorado 81001 And Pueblo County Sheriff's Office Emergency Services Bureau Attn: Mark Mears, Bureau Chief 320 West 10`h Street; B1 Pueblo, Colorado 81003 4 IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement the day and year first written above. BOARD OF COUNTY COMMISSIONERS PUEBLO COUNTY, COLORADO By: ,Z7(7/ erry A art, Chair PUEBLO COUNTY SHERIFF'S OFFICE By: Kirk M. Taylor, Sheriff ATTEST: Pueblo County Clerk and Recorder PUEBLO, a Municipal Corporation ATTEST: By: :ma._ = L nCiC/ OL1t President, City Council pt' 4 City Clerk U:\SH-ESB\K\IGA FOR PRIME MOVER FIRE APPARATUS-CITY FIRE DEPT..DOC 5 Exhibit A Equipment Descriptions Prime Mover: 2016 F-550 Vin-1FDOW5HY3GEB60 Flat bed, tool boxes Water tank and pump. Pump Engine: Serial#16F0342 Pump: 001-0790 04-15/ 13597 Mobile VHF Radio: Serial # 1641040 Equipment provided: Portable VHF Radio Serial#1643123 Portable VHF Radio Serial#1643124 Portable VHF Radio Serial#1643177 Portable VHF Radio Serial#1643179 Wick portable Pump-Serial#GCBYT-1037179 Wick portable Pump-Serial#GCBYT-1037180 Stilh 20" Chain Saw-Serial#181612364 Other various hand tools valued at less than$150 DEPARTMENT OF HOMELAND SECURITY O.M.B.No.1660-0025 FEDERAL EMERGENCY MANAGEMENT AGENCY Expires September30,2017 SUMMARY SHEET FOR ASSURANCES AND CERTIFICATIONS FOR FY CA FOR (Name of Recipient) 2016 Pueblo County,Colorado This summary sheet Includes Assurances and Certifications that must be read,signed,and submitted as a part of the Application for Federal Assistance. An applicant must check each Item that they are certifying to: Part I X FEMA Form 20-16A,Assurances-Nonconstruction Programs Part II DX FEMA Form 20-16B,Assurances-Construction Programs Part III FEMA Form 20-16C,Certifications Regarding Lobbying; Debarment,Suspension,and Other Responsibility Matters;and Drug-Free Workplace Requirements Part IV o SF LLL, Disclosure of Lobbying Activities (If applicable) As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the identified attached assurances and certifications. Mark Mears CSEPP Manager Typed Name of r horized Representative Title /II/ 1 g 5..- / Signature of Authorized Representative Date Signed NOTE: By signing the certification regarding debarment,suspension,and other responsibility matters for primary covered transaction,the applicant agrees that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by FEMA entering into this transaction. The applicant further agrees by submitting this application that It will include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the FEMA Regional Office entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (Refer to 44 CFR Part 17.) Paperwork Burden Disclosure Notice Public reporting burden for this form is estimated to average 1.7 hours per response. The burden estimate includes the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing,and maintaining the data needed,and submitting this form. You are not required to complete this form unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management,Department of Homeland Security,Federal Emergency Management Agency,500 C Street,SW,Washington DC 20472,Paperwork Reduction Project(1660-0025). NOTE:Do not send your completed form to this address. FEMA Form 112-0-3,(10/2014) PREVIOUS EDITION OBSOLETE %la.GwJ�t.4 dlt,e:a.r : dry DEPARTMENT OF HOMELAND SECURITY O.M.B.No.1660-0025 FEDERAL EMERGENCY MANAGEMENT AGENCY Expires September 30,2017 ASSURANCES-NON-CONSTRUCTION PROGRAMS Paperwork Burden Disclosure Notice Public reporting burden for this form is estimated to average 1.7 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing,and submitting this fort. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collection Management,Department of Homeland Security,Federal Emergency Management Agency,500 C Street,SW,Washington DC 20472,Paperwork Reduction Project(1660-0025). NOTE:Do not send your completed form to this address. NOTE: Certain of these assurances may not be applicable to your project or program. If you have any questions,please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance,and the 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 institutional,managerial and financial capability(including funds sufficient U.S.C.Sections 276a to 276a-7),the Copeland Act(40 U.S.C.Section 276c to pay the non-Federal share of project costs)to ensure proper planning, and 18 U.S.C.Sections 874),and the Contract Work Hours and Safety management and completion of the project described in this application. Standards Act(40 U.S.C.Sections 327-333),regarding labor standards for federally assisted construction subagreements. 2. Will give the awarding agency,the Comptroller General of the United States,and if appropriate,the State,through any authorized representative, 10. Will comply,if applicable,with flood insurance purchase requirements of access to and the right to examine all records,books,papers,or Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234) documents related to the award;and will establish a proper accounting which requires recipients in a special flood hazard area to participate in the system in accordance with generally accepted accounting standards or program and to purchase flood insurance if the total cost of insurable agency directives. construction and acquisition is$10,000 or more. 3. Will establish safeguards to prohibit employees from using their positions 11. Will comply with environmental standards which may be prescribed for a purpose that constitutes or presents the appearance of personal gain. pursuant to the following: (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 4. Will initiate and complete the work within the applicable time frame after 91-190)and Executive Order(EO)11514;(b)notification of violating receipt of approval of the awarding agency. facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. 11988;(e)assurance of project consistency with the approved State Section 4727-4763)relating to prescribed standards for merit systems for management program developed under the Coastal Zone Management Act programs funded under one of the nineteen statutes or regulations specified of 1972(16 U.S.C.Section 1451 et seq.);(f)conformity of Federal in Appendix A of OPM's Standards for Merit System of Personnel actions to State(Clean Air)Implementation Plans under Section 176(c)of Administration)5 C.F.R.900,Subpart F). the Clear Air Act of 1955,as amended(42 U.S.C.Section et seq.);(g) protection of underground sources of drinking water under Safe Drinking 6. Will comply with all Federal statutes relating to nondiscrimination. These Water Act of 1974,as amended,(P.L.93-523);and(h)protection of include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L, endangered species under the Endangered Species Act of 1973,as 88.352)which prohibits discrimination on the basis of race,color,or national amended,(P.L.93.205). origin;(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.Sections 1681-1683,and 1685-1686),which prohibits discrimination 12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as Sections 1271 et seq.)related to protecting components of the national wild amended(29 U.S.C.Section 794),which prohibits discrimination on the and scenic rivers system. basis of handicaps;(d)the Age Discrimination Act of 1975,as amended(42 U.S.C.Sections 6101-6107),which prohibits discrimination on the basis of 13. Will assist the awarding agency in assuring compliance with Section age;(e)the Drug Abuse Office and Treatment Act of 1972(P.L.92.255),as 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C. .• amended,relating to nondiscrimination on the basis of drug abuse:'(f)-the 47D),EO 11593'(rdentification and protection of historic properties),and Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a- Rehabilitation Act of 1970(P.L.91-616),as amended,relating to 1 et seq.). nondiscrimination on the basis of alcohol abuse or alcoholism;(g)Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.290-dd-3 14. Will comply with P.L.93-348 regarding the protection of human subjects and 290-ee-3),as amended,relating to confidentiality of alcohol and drug involved in research,development,and related activities supported by this abuse patient records;(h)Title VIII of the Civil Rights Acts of 1968(42 U.S.C. award of assistance. Section 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(i)any other nondiscrimination provision 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.9-544, in the specific statute(s)under which application for Federal assistance is as amended,7'U.S.C.2131 et seq.)pertaining to the care,handling,and being made;and(j)the requirements of any other nondiscrimination statute(s) treatment of warm blooded animals held for research,teaching,or other which may apply to the application. activities supported by this award of assistance. 7. Will comply,or has already complied,with the requirements of Title II and 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. III of the Uniform Relocation Assistance and Real Property Acquisition Sections 4801 et seq.)which prohibits the use of lead based paint in Policies Act of 1970(P.L.91-646)which provides for fair and equitable construction or rehabilitation of residence structures. treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all 17. Will cause to be performed the required financial and compliance audits interest in real property acquired for project purposes regardless of Federal in accordance with the Single Audit Act of 1984. participation in purchase. 18. Will comply with all applicable requirements of all other Federal laws, 8. Will comply with provisions of the Hatch Act(5 U.S.C.Sections 1501-1508 executive orders,regulations and policies governing this program. and 7324-7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal 19. It will comply with the minimum wage and maximum hours provisions of funds. the Federal Fair Labor Standards Act(29 U.S.C.201),as they apply to employees of institutions of higher education,hospitals.and other non-profit organizations. FEMA Form 112-0-3A,(10/2014) PREVIOUS EDITION OBSOLETE DEPARTMENT OF HOMELAND SECURITY O.M.B.No.1660-0025 FEDERAL EMERGENCY MANAGEMENT AGENCY Expires September 30,2017 ASSURANCES-CONSTRUCTION PROGRAMS Paperwork Burden Disclosure Notice Public reporting burden for this form is estimated to average 1.7 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing,and submitting this form. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collection Management,Department of Homeland Security,Federal Emergency Management Agency,500 C Street,SW,Washington DC 20472,Paperwork Reduction Project(1660-0025). NOTE:Do not send your completed form to this address, NOTE: Certain of these assurances may not be applicable to your project or program. If you have any questions,please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance,and the 10. Will comply with all Federal statutes relating to non- institutional,managerial and financial capability(including funds discrimination. These include but are not limited to:(a)Title VI sufficientto pay the non-Federal share of project costs)to ensure of the Civil Rights Act of 1964(P.L.88-352)which prohibits proper planning,management and completion of the project discrimination on the basis of race,color or national origin; described in this application. (b)Title IX of the Education Amendments of 1972,as amended (20 U.S.C.Sections 1681-1683,end 1685-1686),which prohibits 2. Will give the awarding agency,the Comptroller General of the discrimination on the basis of sex;(c)Section 504 of the United States,and If appropriate,the State,through any Rehabilitation Act of 1973,as amended(29 U.S.C.Section 794), authorized representative,access to and the right to examine all which prohibits discrimination on the basis of handicaps;(d)the Age records,books,papers,or documents related to the assistance; Discrimination Act of 1975,as amended(42 U.S.C.Sections and will establish a proper accounting system in accordance with 6101-6107),which prohibits discrimination on the basis of age; generally accepted accounting standards or agency directives. (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255), drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism 3. Will not dispose of,modify the use of,or change the terms of the Prevention,Treatment and Rehabilitation Act of 1970(P.L. real property title,or other interest in the site and facilities without 91-616),as amended,relating to non-discrimination on the basis permission and instructions from the awarding agency. Will record of alcohol abuse or alcoholism;(g)Sections 523 and 527 of the the Federal interest in the title of real property in accordance with Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 awarding agency directives and will include a covenant in the title of ee-3),as amended,relating to confidentiality of alcohol and drug real property acquired in whole or in part with Federal assistance abuse patient records;(h)Title VIII of the Civil Rights Acts of 1968 funds to assure nondiscrimination during the useful Ilfe of the project. (42 U.S.C.Section 3601 et seq.),as amended,relating to non- discrimination in the sale,rental or financing of housing;(I)any 4. Will comply with the requirements of the assistance awarding other non-discrimination provision in the specific statute(s) agency with regard to the drafting,review and approval of under which application for Federal assistance is being made; construction plans and specifications, and(j)the requirements of any other non-discrimination statute(s) which may apply to the application. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete 11. Will comply,or has already complied,with the requirements work conforms with the approved plans and specifications and will of Title II and III of the Uniform Relocation Assistance and Real • -furnish progress reports and"such other information ad may be Property Acquisition Policies Act of 1970(P.L.'91-646)which required by the assistance awarding agency or state. provides for fair end equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally 6. Will initiate and complete the work within the applicable time assisted programs. These requirements apply to all interest in frame after receipt of approval of the awarding agency. real property acquired for project purposes regardless of Federal participation in purchase. 7.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance 12. Will comply with provisions of the Hatch Act(5 U.S.C. of personal or organizational conflict of interest,or personal gain. Sections 1501-1508 and 7324-7328)which limit the political activities of employees whose principal employment 8. Will comply with the Intergovernmental Personnel Act of 1970 activities are funded in whole or in part with Federal funds. (42 U.S.C.Sections 4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen 13. Will comply,as applicable,with the provisions of the Davis- statutes or regulations specified in Appendix A of OPM's Standards Bacon Act(40 U.S.C.Sections 276a to 276a-7),the Copeland Act for a Merit System of Personnel Administration(5 C.F.R.900, (40 U.S.C.Section 276c and 18 U.S.C.Section 874),the Subpart F). Contract Work Hours and Safety Standards Act(40 U.S.C. Sections 327-333)regarding labor standards for federally 9. Will comply with the Lead-Based Paint Poisoning Prevention Act assisted construction subagreements. (42 U.S.C.Sections 4801 et seq.)which prohibits the use of lead based paint in construction or rehabilitation of residence structures. FEMA Form 1120-3B,(10/2014) PREVIOUS EDITION OBSOLETE 14. Will comply with the flood insurance purchase requirements of 23. It will require the facility to be designed to comply with the Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. "Amencan Standard Specifications for Making Buildings and 93-234)which requires recipients in a special flood hazard area to Facilities Accessible to,and Usable by,the Physically participate in the program and to purchase flood insurance if the Handicapped,"Number A117.-1961,as modified(41 CFR total cost of insurable construction and acquisition is$10,000 or 101-17.703). The applicant will be responsible for conducting more. inspections to ensure compliance with these specifications by the contractor. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental 24. If any real property or structure thereon is provided or quality control measures under the National Environmental Policy improved with the aid of Federal financial assistance extended to Act of 1969(P.L.91-190)and Executive Order(EO)11514; the applicant,this assurance shall obligate the applicant,or in the (b)notification of violating facilities pursuant to 50 11738; case of any transfer of such property,any transferee,for the (c)protection of wetlands pursuant to 50 11990;(d)evaluation of period during which the real property or structure is used for a flood hazards in floodplains in accordance with EO 11988; purpose for which the Federal financial assistance is extended or (e)assurance of project consistency with the approved State for another purpose involving the provision of similar services or management programs developed under the Coastal Zone benefits. Management Act of 1972(16 U.S.C.Section 1451 et seq.); (f)conformity of Federal actions to State(Clear Air)Implementation 25. In making subgrants with nonprofit institutions under this Plans under Section 176(c)of the Clear Air Act of 1955,as Comprehensive Cooperative Agreement,it agrees that such amended(42 U.S.C.Section 7401 et seq.);(g)protection of grants will be subject to OMB Circular A-122,"Cost Principles underground sources of drinking water under the Safe Drinking for Non-profit Organizations"included in Vol.49,Federal Register, Water Act of 1974,as amended,(P.L.93-523);and(h)protection of pages 18260 through 18277(April 27,1984). endangered species under the Endangered Species Act of 1973, as amended,(P.L.93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.Section 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.470),EO 11593(identification and preservation of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. WIII comply with all applicable requirements of all other Federal laws,Executive Orders,regulations and policies governing this program. 20. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act(29 U.S.C.201), as they apply to employees of institutions of higher education, hospitals,end other non-profit organizations. 21. It will obtain approval by the appropriate Federal agencies of the final working drawings and specifications before the project is advertised or placed on the market for bidding;that it will construct the project,or cause it to be constructed,to final completion in accordance with the application and approved plans and specifications;that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project,use of space,or functional layout,that It will not enter into a construction contract(s)for the project or undertake other activities until the onditions of the construction grant program(s)have been met. 22. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal,State,and local agencies for the maintenance and operation of such facilities. DEPAt<,MENT OF HOMELAND SECURIT' FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B.No.1660-0025 CERTIFICATIONS REGARDING LOBBYING;DEBARMENT,SUSPENSION AND Expires September 30.2017 OTHER RESPONSIBILITY MATTERS;AND DRUG-FREE WORKPLACE REQUIREMENTS Paperwork Burden Disclosure Notice Public reporting burden for this form is estimated to average 1.7 hours per response. The buroen estimate induces the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,ens completing,and submitting this form. You are not reouired to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Sena comments regarding the accuracy of the burden estimate ano any suggestions for reducing the burden to: Information Collection Management,Department of Homeland Security,Federal Emergency Management Agency,500 C Street,SW,Washington DC 20472,Paperwork Reduction Project(1660-0025). NOTE:Do not send your completed form to this address. Applicants should refer to the regulations cited below to determine the certification to which they are resulted to attest. Applicants should also review the instructions for certification incluoed in the regulations before completing this term. Signature of this form provides for compliance with certification requirements unser 44 CFR Part 18,"New Restrictions on Lobbying;and 28 CFR Part 17,"Govemment-wide Debarment and Suspension (Nonprocuremenq and Government-wise Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material representation of tact upon which reliance will be placed when the Federal Emergency Management Agency(FEMA)determines to award the transaction,grant,or cooperative agreement, 1. LOBBYING (c) Are not presently indicted for or otherwise cdminaliy or civilly charged by e governmental entity(Federal.State,or local)with commission of any of the A. As required by section 1352,Title 31 of the U.S.Code,and offenses enumerated in paragraph(1)(b)of this certification:and implemented at 44 CFR Part 18,for persons entering into a grant or cooperative agreement over$100,000,as defined at 44 CFR (d) Have not within a three-veer period preceding this application had one or Part 18,the applicant certifies that: more public transactions(Federal,Stale,or local)terminated for cause or default;and (a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the unoersigned,to any person for influencing or attempting to B. Where the applicant is unable to certify to any of the statements in this influence an officer or employee of any agency,a Member of Congress,an certification,he or she shall attached an explanation to this application. officer or employee of congress,or an employee of a Member of Congress in this certification,he or she shall attacnea en explanation to this in connection with the making of any Federal grant,the entering into of any application. cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any Federal grant or cooperative 3. DRUG-FREE WORKPLACE agreement. (GRANTEES OTHER THAN INDIVIDUALS) (b) If any other funds than Federal appropriated funds have been paid or will be As required by the Drug-Free Workplace Act of 1988,and imolementea a: paid to any person for influencing or attempting to influence an officer 44 CFR Part 17,Subpart F,for grantees,as defined at 44 CFR Part 17.61E or employee of any agency,a Memoer of Congress,an officer or an and 17.620: employee of Congress,or employee of a member of Congress in connection with this Federal grant or cooperative agreement,the A. The applicant certifies that it will continue to provide a drug-tree undersigned shall complete and suomtt Stanoard Form LLL,"Disclosure of workplace by: Lobbying Activities,"in accordance with its instructions; (a) Publishing a statement notifying employees that the unlawful (c)The undersigned shall require that the language of this certification be manufacture,distribution,dispensing,possession,or use of a controlled included in the award oocuments for all subawards at all tiers(including substance is prohibited in the grantee's workplace ano specifying the suogrents,contracts unset grants and cooperative agreements,and actions brat will be taken against employees for violation of such subcontract(s)and that all subrecipients snail certify and disclose prohibition: accordingly. ;-� (b) Establishing an on-going drug free awareness program to inform "lStanaard Form LLL."Disclosure of Lobbying Activities"attaches. employees about; (This torn,must be attached to certification if nonappropriated funds are to be used to influence activities.) (11 The dangers of drug abuse in the workplace. 2. DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY (2) The grantee's policy of maintaining a drug-free workplace, MATTERS(DIRECT RECIPIENT) (3) Any available drug counseling,rehabilitation,end As required by Executive Order 12549,Debarment and Suspension,and employee assistance programs:and implemented at 44 CFR Part 67,for prospective participants in primary covered transactions,as defined at 44 CFR Part 17,Section 17.510-A. (4) the penalties that may be imposed upon employees for drug abuse violations occurnng In the workplace, A. The applicant certifies that it and its principals: (c) Making it a requirement that each empiovee to be engaged in the (a)Are not presently debarred,suspended,proposed for debarment. performance of tire grant to be given a copy of the statement required by declared ineligible,sentenced to a genial of Federal benefits by a State or paragraph(a); Federal court,or voluntarily excluded from covered transactions ov one Feoeral department or agency, (d) Notifying the employee In the statement required by oaraorenh la)that. as a condition of employment unser the grant,the employee will. (bl Have not within a three-year panda preceding this application been convicted of or nae a civilian judgment rendereo epainst them for (1) Abioe oy the terms of the statement:ano commission of fraud ora cnminal offense in connection with obtaining, attempting to obtain,or penorm a public(Feoeral.State,or local) (2) Notify the employee in writing of his or her conviction for transaction or contract unser a public transaction:violation of Federal or violation of a Cnminal drug statute occumng in the Workplace no State antitrust statutes or commission of empezziement,tnett,forgery, later than five calenoar nays after sucn convictions bribery.falsification or oestruction of records.making false statements,or eceiving stolen property, EXHIBIT FEMA Form 112-0-3C,(1012014) PREVIO .P (el Notifying the agency.in writing,within 10 calendar days after receiving Place of Pertormance(Street adaress,City,County.State,Zip code) notice under subparagraph(d)(2)from an employee or otnerwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,including position title,to the applicable FEMA awarding office,i.e.,regional office or FEMA office. (f) Taking one of the following actions,within 30 calendar days of receiving 101 W.10th Street Pueblo,CO 81003 notice under suoparagraph(d)(2),with respect to any employee who is convicted: Cneck if there are workplaces on file that are not identified here. (1)Taking appropriate personnel action against such an employee, Section 17.630 of the reputations provide that a grantee that is a up to and including termination,consistent with the requirements of State may elect to make one certification in each Feaeral fiscal the Rehabilitation Act of 1973,as amended;or Year,a copy of which should de included with each application for FEMA funding. States and State agencies may elect to use a State- (21 Requiring such employee to participate satisfactorily in a wine certification, arug abuse assistance or rehabilitation program approved for such purposes by a Feaeral.State,or local health,law enrorcement,or otner appropnate agency. (g) Making a good faith effort to continue to maintain a drug vee workplace through implementation of paragraphs(a),(b),(c),(d),(e),and M. B. Tne grantee may insert in the space provided below the site(s)for the performance of work done in connection will the specific grant: