HomeMy WebLinkAbout10286ORDINANCE NO. 10286
AN ORDINANCE APPROVING AND ACCEPTING A
DEPARTMENT OF HOMELAND SECURITY GRANT AWARD
NO. EMW-2021-FG-07073 AND APPLICABLE CONDITIONS
PERTAINING THERETO, ESTABLISHING PROJECT NO.
PS2210 FOR THE PURCHASE OF ONE AIR COMPRESSOR
AND BUDGETING AND APPROPRIATING GRANT FUNDS IN
THE AMOUNT OF $45,599 WHICH INCLUDES A TEN
PERCENT COST MATCH OF $4,145.37 FOR THE PURPOSES
AUTHORIZED BY THE GRANT AGREEMENT
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 Security (“DHS”) has tendered
a DHS Grant Award No. EMW-2021-FG-07073 in the amount of $45599.00, 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 DHS Grant Award No. EMW-2021-FG-07073 to the City of Pueblo in the amount of
$45599.00, a true copy of which is attached hereto (“Award”), is hereby accepted in accordance
with its terms and conditions and is approved. The Mayor is authorized to execute the Award
acceptance in the name of and on behalf of the City.
SECTION 2.
Project No. PS2210 Air Compressor Grant is hereby established. The grant amount of
$45599.00 is hereby budgeted and appropriated to Project No. PS2210 for expenditure for the
purposes authorized by the grant agreement.
SECTION 3.
The required ten percent match of $4,145.37 is hereby authorized to be transferred from
the Public Safety Grant Match Fund to Project No. PS2210.
SECTION 4.
The officers of the City are authorized to perform any and all acts consistent with the intent
of this Ordinance and the attached Award to implement the policies and procedures described
herein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 12, 2022 .
Final adoption of Ordinance by City Council on September 26, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on September 28, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-16
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 12, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Barb Huber, Fire Chief
SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING A DEPARTMENT OF
HOMELAND SECURITY GRANT AWARD NO. EMW-2021-FG-07073 AND
APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING
PROJECT NO. PS2210 FOR THE PURCHASE OF ONE AIR COMPRESSOR
AND BUDGETING AND APPROPRIATING GRANT FUNDS IN THE AMOUNT OF
$45,599 WHICH INCLUDES A TEN PERCENT COST MATCH OF $4,145.37 FOR
THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT
SUMMARY:
Attached is an agreement between the City of Pueblo and the United States Department of
Homeland Security (DHS) concerning a grant award in the amount of $45,599.00 to replace the
Pueblo Fire Department’s air compressor.
PREVIOUS COUNCIL ACTION:
Approval of similar United States Department of Homeland Security (DHS) grants in the last
several recent years.
BACKGROUND:
The department has an air compressor at Fire station 1. The compressor is used to refill Self
contained Breathing Apparatus (SCBA) bottles. The current compressor breaks down frequently.
This grant will allow the department to update equipment, and reduce out of service times. This
grant allows the Fire Department to achieve this at a minimal cost to the city.
FINANCIAL IMPLICATIONS:
The anticipated total cost for the project is $45,599.00. The United States Department of
Homeland Security (DHS) share for the air compressor grant is $41,453.63 and the ten percent
City match is $4145.37. Staff time will be required for project management, as well as grant
monitoring and reporting. The match will be transferred from the Fire Department’s Budget in the
Public Safety Grant Match Fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Grant Award Package
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 08/10/2022 ,
FEMA
Annamarie Elliss f \
CITY OF PUEBLO
DEPARTMENT OF FINANCE P.O. BOX 1427
PUEBLO, CO 81002
EMW-2021-FG-07073
Dear Annamarie Elliss,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for
the Fiscal Year(FY) 2021 Assistance to Firefighters Grant (AFG) Grant funding opportunity has
been approved in the amount of $41,453.63 in Federal funding. As a condition of this grant, you
are required to contribute non-Federal funds equal to or greater than 10.0%of the Federal funds
awarded, or$4,145.37 for a total approved budget of$45,599.00. Please see the FY 2021 AFG
Notice of Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting
this award, you acknowledge that the terms of the following documents are incorporated into the
terms of your award:
• Summary Award Memo- included in this document
• Agreement Articles- included in this document
• Obligating Document - included in this document
• 2021 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official
file for this award.
Sincerely,
Christopher Logan
Acting Assistant Administrator
Grant Programs Directorate
Summary Award Memo
Program: Fiscal Year 2021 Assistance to Firefighters Grant
Recipient: CITY OF PUEBLO
UEI-EFT: NJK3BNUDRHJ7
DUNS number: 010620284
Award number: EMW-2021-FG-07073
Summary description of award
The purpose of the Assistance to Firefighters Grant 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 Assistance to
Firefighters Grant Program's purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your
application for Fiscal Year(FY) 2021 Assistance to Firefighters Grants funding is incorporated
into the terms and conditions of this award. This includes any documents submitted as part of the
application.
Amount awarded table
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 award (including Federal
share plus your cost share, if applicable):
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $45,599.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $41,453.63
Non-federal $4,145.37
Total $45,599.00
Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the
approved scope of work under this award. You must submit scope or budget revision requests for
FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and
the FY2021 AFG NOFO.
Approved request details:
Equipment
Air Compressor/Cascade/Fill Station (Fixed or Mobile) for filling
SCBA
DESCRIPTION
We are requesting one 4-stage, 25 hp, 6000 psi air compressor to connect to an existing fill
station and cascade system.
QUANTITY UNIT PRICE TOTAL BUDGET
CLASS
Cost 1 1 $45,599.00 $45,599.00 Equipment
Agreement Articles
Program: Fiscal Year 2021 Assistance to Firefighters Grant
Recipient: CITY OF PUEBLO
UEI-EFT: NJK3BNUDRHJ7
DUNS number: 010620284
Award number: EMW-2021-FG-07073
Table of contents
Article Assurances, Administrative Requirements, Cost Principles, Representations
1 and Certifications
Article General Acknowledgements and Assurances
2
Article Acknowledgement of Federal Funding from DHS
3
Article Activities Conducted Abroad
4
Article Age Discrimination Act of 1975
5
Article Americans with Disabilities Act of 1990
6
Article Best Practices for Collection and Use of Personally Identifiable Information
7
Article Civil Rights Act of 1964—Title VI
8
Article Civil Rights Act of 1968
9
Article Copyright
10
Article Debarment and Suspension
11
Article Drug-Free Workplace Regulations
12
Article Duplication of Benefits
13
Article Education Amendments of 1972 (Equal Opportunity in Education Act)—Title IX
14
Article Energy Policy and Conservation Act
15
Article False Claims Act and Program Fraud Civil Remedies
16
Article Federal Debt Status
17
Article Federal Leadership on Reducing Text Messaging while Driving
18
Article Fly America Act of 1974
19
Article Hotel and Motel Fire Safety Act of 1990
20
Article John S. McCain National Defense Authorization Act of Fiscal Year 2019
21
Article Limited English Proficiency (Civil Rights Act of 1964, Title VI)
22
Article Lobbying Prohibitions
23
Article National Environmental Policy Act
24
Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations
25
Article Non-Supplanting Requirement
26
Article Notice of Funding Opportunity Requirements
27
Article Patents and Intellectual Property Rights
28
Article Procurement of Recovered Materials
29
Article Rehabilitation Act of 1973
30
Article Reporting of Matters Related to Recipient Integrity and Performance
31
Article Reporting Subawards and Executive Compensation
32
Article Required Use of American Iron, Steel, Manufactured Products, and
33 Construction Materials
Article SAFECOM
34
Article Terrorist Financing
35
Article Trafficking Victims Protection Act of 2000 (TVPA)
36
Article Universal Identifier and System of Award Management
37
Article USA PATRIOT Act of 2001
38
Article Use of DHS Seal, Logo and Flags
39
Article Whistleblower Protection Act
40
Article Acceptance of Post Award Changes
41
Article Prior Approval for Modification of Approved Budget
42
Article Disposition of Equipment Acquired Under the Federal Award
43
Article Environmental Planning and Historic Preservation (EHP) Review
44
Article Indirect Cost Rate
45
Article Applicability of DHS Standard Terms and Conditions to Tribes
46
Article Award Performance Goals
47
Article EHP Compliance Review Required
48
Article 1 Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances - Non-
Construction Programs, or OMB Standard Form 424D Assurances-
Construction Programs, as applicable. Certain assurances in these
documents may not be applicable to your program, and the DHS financial
assistance office (DHS FAO) may require applicants to certify additional
assurances. Applicants are required to fill out the assurances as instructed by
the awarding agency. II. DHS financial assistance recipients are required to
follow the applicable provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards located at Title
2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2
C.F.R.Part 3002. III. By accepting this agreement, recipients, and their
executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in
accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS. II. Recipients must give OHS access to
examine and copy records, accounts, and other documents and sources of
information related to the federal financial assistance award and permit
access to facilities or personnel. III. Recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports. IV. Recipients
must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law, or detailed in program guidance. V.
Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as
pass-through entities) of federal financial assistance from OHS or one of its
awarding component agencies must complete the DHS Civil Rights
Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the
first award under which this term applies. Recipients of multiple awards of
DHS financial assistance should only submit one completed tool for their
organization, not per award. After the initial submission, recipients are
required to complete the tool once every two(2) years if they have an active
award, not every time an award is made. Recipients should submit the
completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS
Standard Terms and Conditions. Subrecipients are not required to complete
and submit this tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The OHS
Office for Civil Rights and Civil Liberties will consider, in its discretion,
granting an extension if the recipient identifies steps and a timeline for
completing the tool. Recipients should request extensions by emailing the
request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day
deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with
federal funds.
Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act
of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S.
Code, § 6101 et seq.), which prohibits discrimination on the basis of age in
any program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as
amended at 42 U.S.C. §§ 12101- 12213), 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.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) are required to
have a publicly available privacy policy that describes standards on the
usage and maintenance of the PII they collect. DHS defines PII as any
information that permits the identity of an individual to be directly or indirectly
inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
Article 8 Civil Rights Act of 1964–Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights
Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which
provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the
Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
90-284, as amended through Pub. L. 113-4, 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 (see 42 U.S.C. §
3601 et seq.), as implemented by the U.S. 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. Part 100, Subpart D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
402 and an acknowledgement of U.S. Government sponsorship (including
the award number) to any work first produced under federal financial
assistance awards.
Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension
regulations implementing Executive Orders (E.G.) 12549 and 12689, which
are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These
regulations restrict federal financial assistance awards, subawards, and
contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or
activities.
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B
(or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which
adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec.
5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§8101-
8106).
Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided
for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal
financial assistance awards to overcome fund deficiencies; to avoid
restrictions imposed by federal statutes, regulations, or federal financial
assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are
allowable under two or more awards in accordance with existing federal
statutes, regulations, or the federal financial assistance award terms and
conditions.
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)
—Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20
U.S.C. § 1681 et seq.), which provide that no person in the United States will,
on the basis of sex, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any educational program or
activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
Article 15 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C.
§ 6201 et seq.), which contain policies relating to energy efficiency that are
defined in the state energy conservation plan issued in compliance with this
Act.
Article 16 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31
U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent
claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-
3812, which details the administrative remedies for false claims and
statements made.)
Article 17 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.)
Article 18 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text
messaging while driving as described in E.O. 13513, including conducting
initiatives described in Section 3(a) of the Order when on official government
business or when performing any work for or on behalf of the Federal
Government.
Article 19 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air
carriers holding certificates under 49 U.S.C.) 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.
Article 20 Hotel and Motel Fire Safety Act of 1990
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 Section 6 of the Hotel and Motel Fire
Safety Act of 1990, 15 U.S.C. § 2225a
Article 21 John S. McCain National Defense Authorization Act of Fiscal Year
2019
Recipients, subrecipients, and their contractors and subcontractors are
subject to the prohibitions described in section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232
(2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2
C.F.R. Part 200. Beginning August 13, 2020, the statute -as it applies to
DHS recipients, subrecipients, and their contractors and subcontractors -
prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with
certain entities for national security reasons
Article 22 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42
U.S.C. § 2000d et seq.) 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. 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.gov.
Article 23 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of
the funds provided under a federal financial assistance 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 related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
Article 24 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental
Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at
42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ)
Regulations for Implementing the Procedural Provisions of NEPA, which
require 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
Article 25 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. 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.
Article 26 Non-Supplanting Requirement
Recipients receiving federal financial assistance 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.
Article 27 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the
Notice of Funding Opportunity (NOFO) for this program are incorporated
here by reference in the award terms and conditions. All recipients must
comply with any such requirements set forth in the program NOFO.
Article 28 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless
otherwise provided by law. Recipients are subject to the specific
requirements governing the development, reporting, and disposition of rights
to inventions and patents resulting from federal financial assistance awards
located at 37 C.F.R. Part 401 and the standard patent rights clause located at
37 C.F.R. § 401.14.
Article 29 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965),
(codified as amended by the Resource Conservation and Recovery Act, 42
U.S.C. § 6962.) 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 highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of
competition.
Article 30 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at
29 U.S.C. § 794,) which provides that no otherwise qualified handicapped
individuals 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.
Article 31 Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active
grants, cooperative agreements, and procurement contracts from all federal
awarding agencies exceeds$10,000,000 for any period of time during the
period of performance of this federal award, then the recipients must comply
with the requirements set forth in the government-wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.
Part 200, Appendix XII, the full text of which is incorporated here by reference
in the award terms and conditions.
Article 32 Reporting Subawards and Executive Compensation
Reporting of first tier subawards. Recipients are required to comply with the
requirements set forth in the government-wide award term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170,
Appendix A, the full text of which is incorporated here by reference in the
award terms and conditions.
Article 33 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients and subrecipients must comply with the Build America, Buy
America Act (BABAA), which was enacted as part of the Infrastructure
Investment and Jobs Act§§ 70901-70927, Pub. L. No. 117-58 (2021); and
Executive Order 14005, Ensuring the Future is Made in All of America by All
of America's Workers. See also Office of Management and Budget (OMB),
Memorandum M-22-11, Initial Implementation Guidance on Application of
Buy America Preference in Federal Financial Assistance Programs for
Infrastructure. Recipients and subrecipients of federal financial assistance
programs for infrastructure are hereby notified that none of the funds
provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States--
this means all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States; (2) all
manufactured products used in the project are produced in the United States
—this means the manufactured product was manufactured in the United
States; and the cost of the components of the manufactured product that are
mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic
content of the manufactured product has been established under applicable
law or regulation; and (3) all construction materials are manufactured in the
United States—this means that all manufacturing processes for the
construction material occurred in the United States. The Buy America
preference only applies to articles, materials, and supplies that are consumed
in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of
the infrastructure project. Nor does a Buy America preference apply to
equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished infrastructure
project, but are not an integral part of the structure or permanently affixed to
the infrastructure project. When necessary, recipients may apply for, and the
agency may grant, a waiver from these requirements. (a) When the federal
agency has made a determination that one of the following exceptions
applies, the awarding official may waive the application of the domestic
content procurement preference in any case in which the agency determines
that: (1) applying the domestic content procurement preference would be
inconsistent with the public interest; (2) the types of iron, steel, manufactured
products, or construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory quality; or(3)
the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by
more than 25 percent. A request to waive the application of the domestic
content procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for
any waiver request. Waiver requests are subject to public comment periods
of no less than 15 days and must be reviewed by the OMB Made in America
Office. There may be instances where an award qualifies, in whole or in part,
for an existing waiver described. For awards by the Federal Emergency
Management Agency (FEMA), existing waivers are available and the waiver
process is described at 'Buy America' Preference in FEMA Financial
Assistance Programs for Infrastructure I FEMA.gov. For awards by other
DHS components, please contact the applicable DHS FAO. To see whether a
particular DHS federal financial assistance program is considered an
infrastructure program and thus required to include a Buy America
preference, please either contact the applicable DHS FAO, or for FEMA
awards, please see Programs and Definitions: Build America, Buy America
Act FEMA.gov.
Article 34 SAFECOM
Recipients receiving federal financial assistance 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.
Article 35 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit
transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. Recipients are legally
responsible to ensure compliance with the Order and laws.
Article 36 Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons. Recipients must comply with the requirements of the
government-wide financial assistance award term which implements Section
106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as
amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. §
175.15, the full text of which is incorporated here by reference.
Article 37 Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which is incorporated here by
reference.
Article 38 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18
U.S.C. §§ 175-175c.
Article 39 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the
DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
Article 40 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10
U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
Article 41 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 the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-
mail to ASK-GMD@fema.dhs.gov if you have any questions.
Article 42 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you
must request prior written approval from FEMA where required by 2 C.F.R.
section 200.308. For purposes of non-construction projects, FEMA is utilizing
its discretion to impose an additional restriction under 2 C.F.R. section
200.308(f) regarding the transfer of funds among direct cost categories,
programs, functions, or activities. Threfore, for awards with an approved
budget where the federal share is greater than the simplified acquisition
threshold (currently$250,000), you may not transfer funds among direct cost
categories, programs, functions, or activities without prior written approval
from FEMA where the cumulative amount of such transfers exceeds or is
expected to exceed ten percent (10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non-
construction work, FEMA is utilizing its discretion under 2 C.F.R. section
200.308(h)(5) to require the recipient to obtain prior written approval from
FEMA before making any fund or budget transfers between the two types of
work. You must report any deviations from your 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.
Article 43 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award
by a non-state recipient or non-state subrecipients, when that equipment is
no longer needed for the original project or program or for other activities
currently or previously supported by a federal awarding agency, you must
request instructions from FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. section 200.313. State recipients and state
subrecipients must follow the disposition requirements in accordance with
state laws and procedures.
Article 44 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review
process. This review does not address all federal, state, and local
requirements. Acceptance of federal funding requires the recipient to comply
with all federal,state and local laws. DHS/FEMA is required to consider the
potential impacts to natural and cultural resources of all projects funded by
DHS/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 EHP
screening form and instructions, go to the DHS/FEMA website. 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. The EHP review process must be
completed before funds are released to carry out the proposed project;
otherwise, DHS/FEMA may not be able to fund the project due to
noncompliance with EHP laws, executive orders, regulations, and policies. If
ground disturbing activities occur during construction, applicant will monitor
ground disturbance, and if any potential archeological resources are
discovered the applicant will immediately cease work in that area and notify
the pass-through entity, if applicable, and DHS/FEMA.
Article 45 Indirect Cost Rate
2 C.F.R. section 200.210(a)(15) requires the terms of the award to include
the indirect cost rate for the federal award. If applicable, the indirect cost rate
for this award is stated in the budget documents or other materials approved
by FEMA and included in the award file.
Article 46 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to subrecipients as a
matter of law, regulation, or executive order. If the requirement does not apply
to Indian tribes or there is a federal law or regulation exempting its application
to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS
Standard Terms and Conditions does not change or alter its inapplicability to
an Indian tribe. The execution of grant documents is not intended to change,
alter, amend, or impose additional liability or responsibility upon the Tribe
where it does not already exist.
Article 47 Award Performance Goals
FEMA will measure the recipient's performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered,
paid, and received) within the period of performance. In order to measure
performance, FEMA may request information throughout the period of
performance. In its final performance report submitted at closeout, the
recipient is required to report on the recipients compliance with the applicable
industry, local, state and national standards described in the NOFO.
Article 48 EHP Compliance Review Required
Under the Modification to a Facility, Equipment, or a component in the
Wellness and Fitness Activity, this award includes work, such as ground
disturbance, that triggers an EHP compliance review. The recipient is
prohibited from committing, obligating, expending, or drawing down FY21
Assistance to Firefighters Grant funds in support of the Modification to
Facility, Equipment or a component in the Wellness and Fitness Activity that
requires the EHP compliance review, with a limited exception for any
approved costs associated with the preparation, conducting, and completion
of required EHP reviews. See the FY21 Assistance to Firefighters Grant
NOFO for further information on EHP requirements and other applicable
program guidance, including FEMA Information Bulletin No. 404. The
recipient is required to obtain the required DHS/FEMA EHP compliance
approval for this project pursuant to the FY21 Assistance to Firefighters
Grant NOFO prior to commencing work for this project. DHS/FEMA will notify
you when the EHP compliance review is complete, and work may begin. If the
recipient requests a payment for one of the activities requiring EHP
compliance review, FEMA may not make a payment for that work while the
EHP compliance review is still pending. If FEMA discovers that work has
been commenced under one of those activities prematurely, FEMA may
disallow costs incurred prior to completion of the EHP compliance review and
the receipt of DHS/FEMA approval to begin the work. Please contact your
DHS/FEMA AFG Help Desk at 1-866-274-0960 or
FireGrants@fema.dhs.gov to receive specific guidance regarding EHP
compliance. If you have questions about this term and condition or believe it
was placed in error, please contact the relevant Preparedness Officer.
Obligating document
1.Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No.
No. No. No. Action WX00671N2022T
EMW-2021-FG- N/A 846000615 AWARD
07073
6. Recipient Name and 7. Issuing FEMA Office and 18. Payment Office and
Address Address 1Address
CITY OF PUEBLO Grant Programs Directorate IFEMA, Financial Services
1 CITY HALL PL 500 C Street, S.W. 1Branch
PUEBLO, CO 81003 Washington DC, 20528-7000 '500 C Street, S.W., Room
1-866-927-5646 1723
1Washington DC, 20742
9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a.
Project Officer No. Coordinator Phone No.
Annamarie Elliss 7195532638 Assistance to Firefighters !1-866-274-
Grant Program 10960
11. Effective Date of 12. Method of 113. Assistance 114. Performance
This Action Payment Arrangement ' Period
08/17/2022 to
08/10/2022 OTHER - FEMA COST SHARING 108/16/2024
GO Budget Period
j 108/17/2022 to
108/16/2024
15. Description of Action a. (Indicate funding data for awards or financial
changes)
Amount 1
Program Assistance Accounting,Prior Awarded Current Cumulative
Name Listings Data(ACCS Total This Total 1Non-Federal
Abbreviation No. Code) (Award Action + Award Commitment
2022-F1-
AFG 197.044 GB01 -P410 xxxx $0.00 $41 ,453.63 $41 ,453.63 $4,145.37
4101-D '
i----
Total-S1$0.00 $41 ,453.631$41 ,453=631$4,145.37
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
This field is not applicable for digitally signed grant agreements 1
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Christopher Logan, Acting Assistant Administrator Grant 08/10/2022
Programs Directorate