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HomeMy WebLinkAbout09177 ORDINANCE NO. 9177 AN ORDINANCE APPROVING AND ACCEPTING A U. S. DEPARTMENT OF HOMELAND SECURITY 2016 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PS1801, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $1,637,523, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES, AND OTHER DOCUMENTS WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Fire Department, to accept grants from the federal government for public and municipal purposes and to enter into agreements relating thereto; and WHEREAS, the United States Department of Homeland Defense has tendered a SAFER Grant Award No. EMW-2016-FH-00508 in the amount of $1,637,523 (Grant Award Funds) upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The United States Department of Homeland Defense SAFER Grant Award No. EMW- 2016-FH-00508 to the City of Pueblo, a true copy of which is attached hereto, is hereby approved and accepted in accordance with its terms and conditions. SECTION 2. The President of the City Council is authorized to execute the Grant Award acceptance in the name of and on behalf of the City, and the City Manager is authorized to execute any and all other certifications, assurances and other documents associated therewith. SECTION 3. Project Number PS1801 is hereby established, and the amount of $1,637,523 is budgeted and appropriated therefore. SECTION 4. The Grant Award Funds shall be deposited in an interest-bearing trust fund account that is specifically designated for the United States Department of Homeland Defense SAFER Grant Award No. EMW-2016-FH-00508 ("Program"). The funds in the account, including interest thereon, shall only be expended and used for the Program, and shall be so obligated and expended by February 25, 2021, provided, however, that none of the Grant Award Funds shall be spent or obligated until all applicable conditions precedent for expenditure of Grant Award Funds have been satisfied, as set forth in the Grant's Special Conditions. SECTION 5: 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 award to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective upon final passage. INTRODUCED: September 11, 2017 BY: Ed Brown PASSED AND APPROVED: September 25, 2017 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 11, 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 AND ACCEPTING A U.S. DEPARTMENT OF HOMELAND SECURITY 2016 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PS1801, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $1,637,523, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME, AND THE CITY MANAGER TO EXECUTE RELATED CERTIFICATIONS, ASSURANCES, AND OTHER DOCUMENTS SUMMARY: Attached is an Ordinance accepting a grant award for the 2016 Staffing for Adequate Fire and Emergency Response (SAFER). It will provide partial funding for firefighter salaries and benefits for 36 months, for 11 firefighter positions. Six (6) of these positions are vacant and funded, the remaining five (5) will be new positions created in 2017. PREVIOUS COUNCIL ACTION: Resolution 13611, approved by City Council on February 13, 2017 authorized submission of this SAFER Grant Application. The last Staffing for Adequate Fire and Emergency Response (SAFER) grant approved by City Council was a 2014 award that provided funding for seven (7) full time positions with the Fire Department. BACKGROUND: This Staffing for Adequate Fire and Emergency Response (SAFER) grant, is a multi-year grant lasting 36 months. The purpose of the grant is to provide funding, in the amount of $1,637,532, directly to the City of Pueblo in order to help increase and/or maintain the number of trained “front line” firefighters. The grant will provide partial funding for a total of 11 firefighters and will positively impact the Fire Department’s ability to provide effective emergency services to the community. FINANCIAL IMPLICATIONS: If the City accepts this grant as recommended, the City will be required to contribute matching funds in the amount of $1,017,921 over the 36 months of the grant. The matching funds will come no from the Fire Department’s operating budget. There is obligation to retain these positions after the end of the 36-month period. There will be financial obligations associated with the administration of this grant including, but not limited to, staff time and effort. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the Ordinance is not approved, five (5) of these positions would not be created and filled. The remaining six (6) would be filled in 2018 with the full financial burden shifting to the City. RECOMMENDATION: Approval of the Ordinance. Attachments: Application Award Letter/Package Certification Fire Department Roster as of 9/1/2017 Award Package Page 4 of 22 Summary Award Memo SUMMARY OF ASSISTANCE ACTION STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANTS Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2016-FH-00508 GRANTEE: City of Pueblo Fire Department DUNS NUMBER: 010620284 AMOUNT: $2,655,444.00, Hiring Project Description The purpose of the Staffing for Adequate Fire and Emergency Response Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application- including budget information-was consistent with the Staffing for Adequate Fire and Emergency Response Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below.The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application-along with any documents submitted with the recipient's application-are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 25-FEB-18 to 24-FEB-21 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $1,644,093.00 Fringe Benefits $1,011,351.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $2,655,444.00 NEGOTIATION COMMENTS IF APPLICABLE(max 8000 characters) Fund as Requested with Special Condition SAFER Grant funds will only pay for operational https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 5 of 22 positions whose primary assignment(more than 50 percent of duties)will be an operational assignment (fire suppression, including staffing a fire suppression vehicle) regardless of collateral duties. Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Armena Springs at armena.springs@fema.dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG 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, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS(IF APPLICABLE) (max 8000 characters) National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 6 of 22 Agreement Articles ,�rhilr4� U.S. Department of Homeland Security FEMA Washington, D.C. 20472 41 44 AGREEMENT ARTICLES STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) Grants GRANTEE: City of Pueblo Fire Department PROGRAM: Staffing for Adequate Fire and Emergency Response (SAFER)-Hiring AGREEMENT NUMBER: EMW-2016-FH-00508 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Assurances, Administrative Requirements and Cost Principles Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Right Act of 1968 Article IX Copyright Article X Debarment and Suspension Article XI Drug-Free Workplace Regulations Article XII Duplication of Benefits Article XIII Energy Policy and Conservation Act Article XIV Reporting Subawards and Executive Compensation Article XV False Claims Act and Program Fraud Civil Remedies Article XVI Federal Debt Status Article XVII Fly America Act of 1974 Article XVIII Hotel and Motel Safety Act of 1990 Article XIX Limited English Proficiency(Civil Rights Act of 1964, Title VI) https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_adm in/awards/spec/viewwaward... 9/1/2017 Award Package Page 7 of 22 Article XX Lobbying Prohibitions Article XXI Non-supplanting Requirement Article XXII Patents and Intellectual Property Rights Article XXIII Procurement of Recovered Materials Article XXIV Contract Provisions for Non-federal Entity Contracts under Federal Awards Article XXV SAFECOM Article XXVI Terrorist Financing E.O. 13224 Article XXVII Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) Article XXVII Trafficking Victims Protection Act of 2000 Article XXIX Rehabilitation Act of 1973 Article XXX USA Patriot Act of 2001 Article XXXI Use of DHS Seal, Logo and Flags Article XXXII Whistleblower Protection Act Article XXXIII DHS Specific Acknowledgements and Assurances Article XXXIV System of Award Management and Universal Identifier Requirements Article XXXV Animal Welfare Act of 1966 Article XXXVI Protection of Human Subjects Article XXXVII Incorporation by Reference of Notice of Funding Opportunity Article XXXVIII Acceptance of Post Award Changes Article XXXIX Prior Approval for Modification of Approved Budget Article XL Disposition of Equipment Acquired Under the Federal Award Article XLI Environmental Planning and Historic Preservation Screening I. Assurances,Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances- Non-Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative requirements and cost principles that apply to DHS award recipients originate from: 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. II. Acknowledqement of Federal Funding from OHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 8 of 22 documents describing projects or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure 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. IV. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. §6101 et sea.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 1990 All recipients must 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. 45 12101-12213). VI. Best Practices for Collection and Use of Personally Identifiable Information (PII1 All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 4 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. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. VIII. Civil Rights Act of 1968 All recipients must 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. 4 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. 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 C.F.R. 4 100.201). IX. Copyright https://eservices.fema.gov/FemaF ireGrant/firegrant/j sp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 9 of 22 All recipients must 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 Federal financial assistance awards, 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). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C. 701 et sea.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. XII. Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. XIII. Enerav Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http.//www.fsrs.gov. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 10 of 22 ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received- (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this https://eservices.fema.gov/FemaF ireGrant/firegrant/j sp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 11 of 22 award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- i. in the subrecipient's preceding fiscal year, the subrecipient received- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 12 of 22 i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. https://eservices.fema.gov/Fem aFireGrant/firegrant/j sp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 13 of 22 iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. 53729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424B, item number 17 for additional information and guidance. XVII. Fly America Act of 1974 All recipients must comply with Preference for 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. §40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. XIX. Limited English Proficiency (Civil Rights Act of 1964,Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 14 of 22 may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance- published-help-department-supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.aov. XX. Lobbying Prohibitions All recipients must comply with 31 U.S.C. 51352, which provides that 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. XXI. Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14. XXIII. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 15 of 22 highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non-federal Entity Contracts under Federal Awards a.Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. 61908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b.Contracts in excess of$10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. XXVII. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. 6 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_adm in/awards/spec/view_award... 9/1/20 17 Award Package Page 16 of 22 subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XXVIII.Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government- wide award term which implements Section 106(g) of the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR$ 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 4 794, 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. XXX. USA Patriot Act of 2001 All recipients must comply with 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, the USA PATRIOT Act 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. XXXI. Use of DHS Seal, Logo and Flags All recipients 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. XXXII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 4 2409, 41 U.S.C. 6 4712, and 10 U.S.C. 4 2324, 41 U.S.C..$4 4304 and 4310. XXXIII.DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree-and require any sub- recipients, contractors, successors, transferees, and assignees https://eservices.fem a.gov/F em aF ireGrant/firegrant/j sp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 17 of 22 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 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. XXXIV. System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view_award... 9/1/2017 Award Package Page 18 of 22 B. Requirement for unique entity identifier If authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this award term: 1. System of Award Management(SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.aov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. https://eservices.fema.gov/FemaFireGrant/firegrant/j sp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 19 of 22 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. XXXV.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. XXXVI. 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. XXXVII. Incorporation by Reference of Notice of Funding Opportunity The Notice of Funding Opportunity for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Notice of Funding Opportunity. XXXVIII. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of https://eservicesSema.gov/FemaFireGrant/firegrant/jsp/fire_adm in/awards/spec/view award... 9/1/2017 Award Package Page 20 of 22 the changes to the award. If you have questions about these procedures, please contact the AFG Help Desk at 1-866-274-0960, or send an email to firegrantsc dhs.gov. XXXIX. Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report(SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. XL. Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. XLI. Environmental Planning and Historic Preservation Screening SAFER-funded activities that involve the installation of equipment (such as permanently mounted LED/electronic signs) not specifically excluded from a FEMA Environmental and Historic Preservation (EHP) Review per the Grant Programs Directorate (GPD) Programmatic Environmental Assessment(PEA); ground-disturbing activities; or modification/renovation of existing buildings or structures must undergo a FEMA EHP Review. 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.aov/iibrarvlviewRecord.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. https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire_adm in/awards/spec/view_award... 9/1/2017 Award Package Page 22 of 22 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 1.AGREEMENT NO. 2.AMENDMENT 3.RECIPIENT NO. 4.TYPE OF 5.CONTROL NO. EMW-2016-FH-00508 NO. 84-6000615 ACTION WX02696N2017T 0 AWARD 6.RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS ADDRESS 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,20472 Washington DC,20472 1551 Bonforte Blvd POC:Tamia Minor 202-786-9581 Pueblo Colorado,81001-1642 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 7195532825 Catherine Patterson 1-866-274-0960 Shawn Shelton 11.EFFECTIVE DATE OF 12.METHOD 13.ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION OF PAYMENT Cost Sharing From:25-FEB-18 To:24-FEB-21 25-FEB-18 SF-270 Budget Period From:02-MAY-17 To:30-SEP-17 15.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACCS CODE) TOTAL AWARDED THIS TOTAL ACRONYM XXXX-XXX-XXXXXX- AWARD ACTION AWARD NON- xxxxx-xxxx-xxxx-x +OR(-) FEDERAL COMMITMENT SAFER 97.083 2017-F6-C211-P4310000- $0.00 $1,637,523.00 $1,637,523.00 $1,017,921.00 4101-D TOTALS $0.00 $1,637,523.00 $1,637,523.00 $1,017,921.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) SAFER recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Marie Rosalie Isabel Vega 01-AUG-17 4111111 https://eservices.fema.gov/FemaFireGrant/ftregrant/j sp/fire_admin/awards/spec/view_award... 9/1/2017