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
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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.
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Agreement Articles
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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)
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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
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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
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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.
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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
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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:
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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.
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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
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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
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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 $10,000
must address termination for cause and for convenience
by the non-Federal entity including the manner by which
it will be effected and the basis for settlement.
XXV. SAFECOM
All recipients who receive awards made under programs that provide
emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and
enhance interoperable communications.
XXVI. Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S.
law that prohibit transactions with, and the provisions of resources
and support to, individuals and organizations associated with
terrorism. It is the legal responsibility of recipients to ensure
compliance with the E.O. and laws.
XXVII. Title IX of the Education Amendments of 1972 (Equal Opportunity in
Education Act)
All recipients must comply with the requirements of Title IX of the
Education Amendments of 1972 (20 U.S.C. 6 1681 et seq.), which
provides that no person in the United States will, on the basis of sex,
be excluded from participation in, be denied the benefits of, or be
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subjected to discrimination under any educational program or activity
receiving Federal financial assistance. Implementing regulations are
codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
XXVIII.Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-
wide award term which implements Section 106(g) of the Trafficking
Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C.
7104). This is implemented in accordance with OMB Interim Final
Guidance, Federal Register, Volume 72, No. 218, November 13,
2007. Full text of the award term is located at 2 CFR$ 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
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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.
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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.
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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
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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.
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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
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