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R2009-108 - 2009-07-06RESOLUTION NO. R2009-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION IN THE ASSISTANCE TO FIRE FIGHTERS FIRE STATION CONSTRUCTION GRANT ("SCG")THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City approves the submission of a grant application for the Assistance to Fire Fighters Fire Station Construction Grant ("SCG") to the U.S. Department of Homeland Security. PASSED, APPROVED and ADOPTED this the 6th day of July, A.D., 2009. TOM REID MAYOR ATTEST: ,f,..,,1,.,~ ..,,Q~~a~.,gl; ..,, _~..; Y G L FI , T =~, C SEC TARY ~`'`' fff 11 N4fNff~f APPROVED AS TO FORM: _ ~+ // A DA RIN M. COKER CITY ATTORNEY Contact Information Page 1 of 1 Contact Information Alternate Contact Information Number 1 Title Projects Manager Prefix N/A First Name Jennifer Middle Initial •Last Name Lee *Business Phone 281-652-1760 Ext. Alternate Phone Number Ext. Mobile Phone/Pager Fax *Email jlee@ci.pearland.tx.us Alternate Contact Information Number 2 Title Budget Analyst Prefix N/A •First Name Paulette Middle Initial 'Last Name Englund •Business Phone 281-652-1785 Ext. Alternate Phone Number Ext. Mobile Phone/Pager Fax *Email penglund@ci.pearland.tx.us • https://portal.Tema.gov/firegrant/jsp/construction2009/application/contact info jsp?view=p... 6/30/2009 Applicant Information Page 1 of 1 Applicant Information *Fire Department Name Pearland Fire Department *Type of Jurisdiction Served City If other, please enter the type of Jurisdiction *Employer Identification Number 74-6028909 •What is your organization's DUNS Number? 020796397 (call 1-866-705-5711 to get a DUNS number) Headquarters or Main Station Physical Address •Physical Address 1 3519 Liberty Dr Physical Address 2 -*City Pearland *State Texas *Zip 77581 -5416 Need help for ZIP+4? Mailing Address *Mailing Address 1 3519 Liberty Dr Mailing Address 2 *City Pearland •State Texas .Zip 77581 -5416 Need help for ZIP+47 Account Information *Type of bank account Checking •Bank routing number-9 digit number on the bottom 111900659 left hand corner of your check - *Your account number 2010419505 Additional Information *For this fiscal year is your organization receiving Federal funding from any other grant program that No may duplicate the purpose and/or scope of this grant request? •If awarded the FSC grant,will your organization expend more than$500,000 in Federal funds during No your organizations fiscal year in which this FSC grant was awarded? *Is the applicant delinquent on any Federal debt? No If you answered yes to any of the additional questions above,please provide an explanation in the space provided below: https://portal.fema.gov/fireg,ant/jsp/construction2009/application/applicant info jsp?print... 6/30/2009 Fire Department Characteristics(Part 1) Page 1 of 1 Fire Department Characteristics(Part I) •Are you a member of a Federal Fire Department or contracted by the Federal government and solely No responsible for suppression of fires on Federal property? •What kind of fire department do you represent? Combination If you answered combination,above,what is the 23 percentage of career members in your organization? If you answered volunteer or combination or paid on-call, how many of your volunteer Firefighters are paid members 3 from another career department? •What type of community does your organization serve? Suburban •What is the square mileage of your first-due response 75 area? •What percentage of your response area is protected by 90,/ hydrants? •In what county/parish is your organization physically located?If you have more than one station,in what Brazoria county/parish is your main station located? •Does your organization protect critical infrastructure of the Yes state? •How much of your jurisdiction's land use is for agriculture, 10 a/a wild land,open space,or undeveloped properties? •What percentage of your jurisdiction's land use is for 30 commercial,industrial,or institutional purposes? •What percentage of your jurisdiction's land is used for o residential purposes? 60 /o •How many occupied structures(commercial, industrial, residential,or institutional)in your jurisdiction are more 2 than four stories tall?Do not include structures which are not regularly occupied such as silos,towers,steeples,etc. .What is the permanent resident population of your 122400 Primary/First-Due Response Area or jurisdiction served? •How many active firefighters does your department have 83 who perform firefighting duties? •How many fire stations does your department currently 4 operate? •Do you currently report to the National Fire Incident Yes Reporting System(NFIRS)? If you answered yes above,please enter your FDIN/FDID BB523 •What services does your organization provide? Structural Fire Suppression Medical First Response Hazmat Operational Level Rescue Operational Level Occasional Fire Prevention Program Formal/Year-Round Fire Prevention Program https:/lportal.fema.gov/firegrant/jsp/construction2009/application/gen ques jsp?view=print... 6/30/2009 ' Fire Department Characteristics (Part II) Page 1 of 2 Fire Department Characteristics (Part II) 2008 2007 2006 •What is the total number of fire-related civilian fatalities in your 1 0 0 jurisdiction over the last three years? •What is the total number of fire-related civilian injuries in your 1 1 0 jurisdiction over the last three years? •What is the total number of line of duty member fatalities in your 0 0 0 jurisdiction over the last three years? •What is the total number of line of duty member injuries in your 1 0 0 jurisdiction over the last three years? •Over the last three years,what was your fire department's 1616512 average operating budget? •What percentage of your TOTAL budget is dedicated to 48 personnel costs(salary, overtime and fringe benefits)? •What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? 100 % Grants? 0 % Donations? 0% Fund drives? 0 % Fee for Service? 0 % Other? 0 % If you entered a value into Other field (other than 0), please • explain •How many vehicles does your organization have in each of the types or class of vehicle listed below?You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not have any of the vehicles below. Total Number of Type or Class of Vehicle Total Number Riding Positions Engines or Pumpers(pumping capacity of 750 gpm or greater and water capacity of 300 gallons or more): Pumper,Pumper/ranker,Rescue/Pumper,Foam Pumper,CAFS Pumper,Quint 8 40 (Aerial device of less than 76 feet),Type I Engine,Type II Engine,Type 11/11l Wildland/Urban Interface Tankers(pumping capacity of less than 750 gallons per minute (gpm)and water capacity of 1,000 gallons or more): 1 4 Tanker,Tender,Tanker/Tender Aerial Apparatus: Aerial Ladder Truck,Telescoping,Articulating,Ladder Towers,Platform,Tiller 0 0 Ladder Truck,Quint(Aerial device of 76 feet or greater) Brush/Quick attack(pumping capacity of less than 750 gpm): Brush Truck,Patrol Unit(Pick up w/Skid Unit),Quick Attack Unit,Mini-Pumper, 3 6 Type Ill Engine;Type IV Engine,Type V Engine,Type VI Engine,Type VII Engine Rescue Vehicles: 1 2 Rescue Squad,Rescue(Light,Medium,Heavy),Technical Rescue Vehicle, https://portal.fema.gov/firegrant/jsp/construction2009/application/org char jsp?view=print... 6/30/2009 Fire Department Characteristics(Part II) Page 2 of 2 Hazardous Materials Unit Other. EMS Chase Vehicle,Air/Light Unit,Rehab Units,Bomb Unit,Technical Support (Command,Operational Support/Supply),Hose Tender,Salvage Truck,ARFF 4 16 (Aircraft Rescue Firefighting),Command/Mobile Communications Vehicle,Other Vehicle • https://portal.fema.gov/firegrant/jsp/construction2009/application/org_char jsp?view=print... 6/30/2009 ' Fire Department Call Volume Page 1 of 1 Fire Department Call Volume 2008 2007 2006 How many responses per year by category?(Enter whole numbers only.If you have no calls for any of the categories,enter 0) Working Structural Fires 90 52 79 False Alarms/Good Intent Calls 577 478 582 Vehicle Fires 40 44 26 Vegetation Fires 63 23 27 EMS-BLS Response Calls 430 50 10 EMS-ALS Response Calls 0 0 0 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Vehicle Accidents w/o 223 28 17 Extrication Vehicle Extrications 15 29 23 Other Rescue 51 91 148 Hazardous Condition/Materials 252 144 137 Calls Service Calls 131 52 49 Other Calls and Incidents 612 310 119 Total 2484 1301 1217 What is the total acreage of all 842 122 150 vegetation fires? How many times does your organization receive 17 17 34 mutual/automatic aid? How many times does your organization provide mutual/automatic aid?(Please indicate the number of times 10 8 15 your department provides or receives mutual aid. Do not include first-due responses claimed above.) https://portal.fema.gov/firegrant/jsp/construction2009/application/response jsp?view=print... 6/30/2009 Request Details Page 1 of 1 Request Details The activities for program Fire Station Construction are listed in the table below. Activity Number of Entries Total Cost Total Applicant Share Total Federal Share Fire Station Construction 1 $2,610,605 $ 1,305,303 $ 1,305,302 Project Cost Applicant Share Federal Share Action Adding a new fire station to expand View Details fire protection coverage to meet 2 610,605 $ 1,305,303 $ 1,305,302 View Pro ect Bud et increased service demands. 1 9 https://portal.fema.gov/ftregrant/jsp/construction2009/applicationlrequestdetails/activitySu... 6/30/2009 Budget Page 1 of 1 Budget Budget Object Class a. Personnel $0 b. Fringe Benefits $0 c.Travel $0 d. Equipment $ 106,482 e. Supplies $ 0 f.Contractual $229,300 g. Construction $2,274,823 h.Other $0 i. Indirect Charges $0 Federal and Applicant Share Federal Share $ 1,305,302 Applicant Share $ 1,305,303 Federal Rate Sharing(%) 50/50 Non-Federal Resources(The combined Non-Federal Resources must equal the Applicant Share of$1,305,303) a.Applicant $ 1305303 b. State $0 c_ Local $0 d. Other Sources $0 If you entered a value in Other Sources other than zero(0), include your explanation below.You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. Total Budget $2,610,605 https://portal.fema.gov/firegrant/jsp/construction2009/application/budget total.jsp?view=p... 6/30/2009 Narrative Statement Page 1 of 2 Narrative Statement Project Description *Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Responder Safety and Health Firefighting Operations/Support Hazardous Materials Response Emergency Medical Services Project Description *.Please provide your narrative statement in the space provided below. Include in your narrative, details regarding your fire station project as detailed above. Introduction The fire department in Pearland was originally organized in 1946 as the Pearland Volunteer Fire Department, a non-profit organization which contracts with the city of Pearland. In 2007, Pearland ranked as the 34th fastest growing suburb in the nation and is therefore the fastest growing suburb in the Greater Houston area. In October 2007, due to the increasing needs of Pearland's growing community, the Pearland Fire Department became a combination department to provide fire suppression, medical first responder, HAZMAT, rescue services, and fire prevention to the city and surrounding areas.The Pearland Fire Department serves an area of nearly 75 square miles with a population of approximately 122,400 including.the Pearland city limits and extra territorial jurisdiction (ETJ)areas. Pearland is located along the Gulf coast region within the Houston-Sugarland-Baytown metropolitan area and is in the counties of Brazoria, Fort Bend, and Harris. The unemployment rate in the Brazoria County area which is located south of Houston,Texas rose from 4.5% in December.2007,to 6%in December,2008,an increase of 33%. Approximately sixty percent of Pearland Fire Department's fire district is used for residential purpose,which includes 75 residential developments and 18 apartment complexes. Critical Infrastructure within our fire district includes, 2 privately owned airports, 23 Pearland Independent Districts schools, numerous commercial strip centers, several self-storage facilities, 17 city buildings, 8 hotels, a 937,000 square feet outside retail center, and several high hazard chemical storage facilities. Numerous Pipelines that supply petroleum feedstock to one of the world's largest refinery complexes along the Houston-Galveston ship channel traverse Pearland's fire district.We are approximately 40 miles from the Gulf of Mexico,thus hurricane preparedness is a major issue with the department.The city is also crossed by two major north/south state highways which see a large amount of commercial traffic all hours of the day as well as being major commuter routes to and from Houston. Project Description This fire station is being built to provide serve to the west side of the City. It will be located in the center of the west side on major north/south thoroughfare and approximately two blocks from the main east/west thoroughfare in the City.At present the western half of the City, which has seen a tremendous growth in residential and commercial development is served by only one fire station. It is estimated that the existing fire station covers half of the current City's area. That fire station because of the call volume and area it covers has the first unit on scene within 5 minutes of receiving an alarm only 24.5%of the time. The site for the fire station being built is owned by the City and the plans are 90% complete. Construction is scheduled to begin during the second week of November, 2009 and to be completed in November, 2010.The fire station is 9,834 square feet and will have three apparatus bays and a smaller bay for an EMS Supervisors vehicle.The building will initially house a Quint, a tanker, a Medic Unit,and a Supervisor's vehicle. This fire station will have living quarters for 12 individuals with kitchen, dayroom and offices. It will also have a training/meeting room capable of seating 20 individuals. During a hurricane or tropical storm this fire station will be used as a staging area for Fire, EMS, Police and Public Works. This will be the first additional fire station built in the City since 2004, but the City has expanded and grown in population since then, The City's population has increased from 52,129 in 2004 to 91,600 this year. Financial Need and Cost/Benefit This fire station construction is funded through voter approved bond issues.At present the last bond issue passed in 2007 not only is needed to fund this fire station, but also an existing fire station that was built in 1964 and is located in an area prone to flooding.With the present economic conditions resulting in lowered assessed property valuations, it is unlikely funds would be available to relocate that fire station for at least another five to seven years. Funding of this fire station with this grant will allow the City the ability to start the process of relocating that older fire station within the next two years, in addition to adding a fire station that is much needed on the west side of the City,and will provide quicker response to the vital infrastructure that is a major commuter https://portal.fema.gov/firegrant/jsp/construction2009/application/narrative jsp?vie print... 6/30/2009 https://portal.fema.gov/firegrant/jsp/construction2009/application/narrative jsp?view=print... 6/30/2009 • Narrative Statement Page 2 of 2 route and north/south commercial thoroughfare. Statement of Effect The fire station being built will enhance the protection of the citizens of Pearland, by reducing response times for fire and EMS significantly in the area it will service. With the locating and staffing on the most rapidly developing part of the City response times will be reduced, and bring the City significantly closer in meeting the response objectives of NFPA Standards 1710 and 1720. This facility will be staffed with additional full-time and volunteer personnel.An additional apparatus has been ordered and will be delivered prior to the opening of this new fire station. This fire station will also be able to provide quicker mutual aid response to the neighboring cities of Houston, Missouri City, Fresno, and Iowa Colony https://portal.fema.gov/firegrant/jsp/construction2009/application/narrative.jsp?view print... 6/30/2009 Assurances and Certifications Page 1 of 7 Assurances and Certifications Form SF-424D You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an *are required. Assurances for Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the ' construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of 0PM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education https://portal.fema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009 Assurances and Certifications Page 2 of 7 Amendments of 1972, as amended(20 U.S.C.§§1681 1683, and 1685-1686),which prohibits discrimination on the basis of sex, (c)Section 504 of the Rehabilitation Act of 1973, as amended(29) U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107),which prohibits • discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j)the requirements of any other nondiscrimination statue(s)which may apply to the application. 11. Will comply, or has already complied,with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333)regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of Federal actions to State(Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955,as amended (42 U.S.C.§§7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h)protection of endangered species under the Endangered Species Act of 1973, as amended (P.L.93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.§§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, https://portal.fema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009 Assurances and Certifications Page 3 of 7 regulations, and policies governing this program. Signed by Jack Colbath on 06/11/2009 https://portal.Tema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009 Assurances and Certifications Page 4 of 7 Form SF-424B You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Note: Fields marked with an *are required. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest_Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension(Non-procurement)and Government-wide Requirements for Drug-Free Workplace(Grants)."The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security(DHS)determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A.As required by the section 1352, Title 31 of the US Code,and implemented at 44 CFR Part 18 for persons (entering)into a grantor cooperative agreement over$100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting 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 the making of any Federal grant,the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c)The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers(including sub grants, contracts under grants and cooperative agreements and sub contract(s))and that all sub recipients shall certify and disclose accordingly. 2. Debarment,Suspension and Other Responsibility Matters (Direct Recipient) A.As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67,for prospective participants in primary covered transactions, as defined at44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public(Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification ocdestruction of records, making false statements, or receiving stolen property. (c)Are not presently indicted for or otherwise criminally or civilly charged by a government entity https:/Iportal.fema.gov/firegrant/jsp/construction2009/application/assurances forms_comb... 6/30/2009 ' • Assurances and Certifications Page 5 of 7 (Federal,State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification:and (d) Have not within a three-year period preceding this application had one or more public transactions(Federal, State, or local)terminated for cause or default;and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace(Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F,for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A)The applicant certifies that it will continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an on-going drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; (2)The grantees policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation and employee assistance programs;and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will: (1)Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e)Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title,to the applicable DHS awarding office, i.e. regional office or DHS office. (f)Taking one of the following actions, against such an employee,within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1)Taking appropriate personnel action against such an employee, up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g)Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs(a), (b), (c), (d), (e), and (f). https://portal.fema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009 • Assurances and Certifications Page 6 of 7 (B)The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified.You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year.A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Jack Colbath on 06/11/2009 https://portal.fema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009 Assurances and Certifications Page 7 of 7 FEMA Standard Form LLL Complete only if applying for a grant for more then$100,000 and have lobbying activities using Non- Federal funds. If this lobbying form is not applicable,check"this form is not Applicable." This form is not applicable https://portal.fema.gov/firegrant/jsp/construction2009/application/assurances forms comb... 6/30/2009