HomeMy WebLinkAbout18-224 - WA State Military Department - 2018 Emergency Management Performance GrantniFY
Washington State Military Department
AMENDMENT
18-224()
Council Approval N/A
1. SUBRECIPIENT NAME/ADDRESS:
City of Tukwila
6200 SomthownterBlwd
Tukwila, WA 98188-2544
2. GRANT AGREEMENT NUMBER:
E19-147
3. AMENDMENT NUMBER:
A
4. SUBRECIPIENT CONTACT, PHONE/EMAIL:
Jason Konieczka, (206) 971-8711
Jason.konieczka@tukwilawa gov
5. DEPARTMENT CONTACT, PHONE/EMAIL:
Gary Stumph, (253) 512~7483
gmry.st"mnph@mmU^ma'gow
6. TIN or SSN:
N/A
7. CATALOG OF FEDERAL DOMESTC
ASST. (CFDA)#: 97.042 (18EM8PG)
8. FUNDING SOURCE NAME/AGREEMENT #:
E88S-2018-EP^00004~S01
B. FUNDING AUTHORITY:
Washington State Military Department (Department) arid US Department of Homeland Security (DHS)
10. DESCRIPTION/JUSTIFICATION OFAMENDMENT:
Due to changes with Gubreoipiendstaff and a shift in purchasing priorities, modifications to the Work PPan, Exhibit
C. the Timeline, Exhibit O. and the Budget, Exhibit E. are necessary. The Subreoipient is modifying the Work
Plan, Exhibit C, to remove an activity under Program Area #1 and to add two Program Areas: Program Area #3
for Operational Communications and Program Area #4 for Critical Emergency Supplies. The Budget, Exhibit E,
has been modified to move funds from P|anning>Gmodo& Services to Organization>Goods & Services. The
Timeline, Exhibit D, is being amended to extend the end date one month to ensure full expenditure of the award.
Changes are noted in strikethrough and grey highlight.
11. AMENDMENTTERMS AND CONDITIONS:
1. Change the Grant Agreement End Date from August 31, 2019 to September 30, 2019.
1. Replace Subrecipient Contact, Raejean Kreel, (206) 971-8742, raejean,kreeItukwiIawa.gov with Jason
Kon/eozka.(2OG)A71-874U.]annn.konieczha@tukwi|awa.gov.
2. Replace Original Work Plan, Exhibit C, with Revised Work Plan, Exhibit C, attached to this amendment.
3. Replace Original Timeline, Exhibit D, with Revised Timeline, Exhibit D, attached to this amendment.
4. Replace Original Budget, Exhibit E, with Revised Budget, Exhibit E, attached to this amendment.
This Amendment s incorporated in and made a part of the Grant Agreement. Except as amended herein, aU other terms
and conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreemerit or an
Amendment to the "Grant Agreement" shall mean "Grant Agreementon amended". The Department and Subrecipient
acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below.
By signing this Amendment, the signatories warrant they have the authority to execute this Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment:
FOR THE DEPARTMENT:
FOR THE SUB
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz 7/30/2018
Assistant Attorney Genera
u/gnacune Date
AlIan Ekberg, Mayor
City of Tukwila
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
DHS-FEMA'ENlPG-FY1B
Page 1 of 5 City of Tukwila, E19-147 AmendmenA
Washington State Military Department
Amendments to Grant Agreement E19-147
1. Change the Grant Agreement End Date from August 31, 2019 to September 30, 2019.
a. At the Agreement Face Sheet at Box 6.
b. At the Agreement Timeline, Exhibit D, to be replaced with Amendment A, Revised Timeline,
Exhibit D.
2. Replace Subrecipient Contact, Raejean Kreel, (206) 971-8742, raeiean.kreeltukwilawa.dov with
Jason Konieczka, (206) 971-8740, jason.konieczka(a_tukwilawa.dov.
a. At the Agreement Face Sheet at Box 4.
b. At Exhibit A, Article I. KEY PERSONNEL at the Subrecipient Key Personnel.
DHS-FEMA-EMPG-FY 18
Page 2 of 5 City of Tukwila, E19-147 Amendment A
Exhibit C
REVISED Work Plan
FY 2018 Emergency Management Performance Grant
2
2
2
WORK PLAN
L /5/ 9/z1
City of Tukwila
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management
programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention,
protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding.
However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to
the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the
Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include
18EMPG grant and local funds).
Program Area #1
Community Outreach
WORK PLANNED
WHY THE WORK IS BEING DONE
RESULT OF THE WORK
•.
- - - --i -
• ---.. -- --. -.... --
. ... ... . . . . .
.... . .. . . . .. .4i. i
---z.: -i-:.
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---,-.-".•-,:-; - - - -•
. . _ ... ,_ . . .,. . _.
public outrcach .
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staff.
Deliver a minimum of two CERT classes in the
community, inviting students and staff who
attend Foster High School, residents, arid local
businesses.
CERT is a popular request. Extensive resources
are needed to deliver this class. EMPG funds will
help maintain the required supplies in order to
keep delivering this class.
A better prepared community will be the result of
educating residents, students, schools, and
businesses,
Program Area #2
Planning
WORK PLANNED
WHY THE WORK IS BEING DONE
RESULT OF THE WORK
Prepare for and coordinate priorities for the
transition to a new Emergency Manager.
The current Emergency Manager is retiring by the
end of 2018. An overlapping training and
transition period is necessary to prepare the new
Emergency Manager to inherit the program.
Emergency management programs and office
capabilities will remain consistent throughout the
transition.
Update the CEMP, focusing on current City needs
and conditions,
The City is due for the 5 -year review, as the last
update was completed in 2013.
A current, state -approved CEMP will be
maintained to establish a comprehensive, all -
hazards approach to incident management.
Coordinate with King County on the "Regional
Hazard Mitigation Plan."
This will update the City's current HMP and
establish the City of Tukwila as one of the
signatories on the County regional plan.
This will result in a local plan for the City, and
provide for better regional coordination of Hazard
Mitigation planning.
Program Pirea #3
Oti• '-',",:','-' ,,Lnifligrit, r...„ ,,,,,,,,imugnoAmaekowcv6,:volenite0A0661gtekv,,,,„,,,AviaaggivogoAgA,,t,,,,,,040,i,„woopogNiii,owiu,4
WORK PLANNED
WHY THE WORK IS BEING DONE
RESULT OF THE WORK
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it4it
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Program Area #4
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WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
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DHS-FEMA-EMPG-FY 18
Page 3 of 5
City of Tukwila, E19-147 Amendment A
Exhibit D
REVISED TIMELINE
FY 2018 Emergency Management Performance Grant
DATE
TASK
June 1, 2018
Grant Agreement Start Date
January 30, 2019
Submit reimbursement request
April 30, 2019
Submit reimbursement request
August 31
Grant Agreement End Date
Sebtember 30, 2019
October 15
Submit final reimbursement request, final
requirement report, and/or other deliverables.
report,
training
November 15 2019
DHS-FEMA-EMPG-FY 18 Page 4 of 5 City of Tukwila, E19-147 Amendment A
Exhibit E
REVISED BUDGET
FY 2018 Emergency Management Performance Grant
18EMPG AWARD $11,032.00
Modification $0.00
18EMPG Amended AWARD $11,032.00
SOLUTION
AREA CATEGORY
Salaries & Benefits
EMPG
AMOUNT MODIFICATION AMOUNT MATCH AMOUNT
EMPG
Overtime/Backfill
Consultants/Contractors
Z Goods & Services
01 Travel/Per Diem
Sub o a
Z Salaries
Overt
ett
IN Consultants/Con
Z Goods
cgt Travel/Per Diem
Benefits
ime/Back
i I
racto s
Services
0
_
-
11,032 $ (4,627) $ 6,405
$ -
11,032 $ (4,627) $ 6,405
$ $
- $
- $
$ 4,627 $ 4,627
2,000
$
Subtotal $
Salaries Benefits
LLI Overtime/Backfill
C,)
Consultants/Contractors
oc
Goods & Services
X
4.1
Travel/Per Diem
4,627 4,627
1
1
2,000
Subtotal
Salaries & Benefits
$
$
Overtime/Backfill
Consult
Goods & Services
ants/Contractors
Travel/Per Diem
a_
5 Equipment
Subtotal $
Subtotal
Salaries & Benefits
Ove e/Back ill
Consult
2 Goods & Services
ants/Contractors
Travel/Per Die
$
Is
Is
Subtotal
$ - $
Indirect
Indirect Cost Rate on file
0.00%
TOTAL Grant Agreement AMOUNT: $ 11,032 $ $ 11,032 12,000
• The Subrecipient will provide a match of at least $11,032, 50% of the total project cost (local/tribal budget plus
EMPG award), of non-federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 783PT — EMPG
DHS-FEMA-EMPG-FY 18
Page 5 of 5 City of Tukwila, E19-147 Amendment A
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
Municipality
DATE SUBMITTED
7/31/2019
PROJECT DESCRIPTION
EMPG Grant
CONTRACT NUMBER
(/9-/4/7
1. AUTHORIZING AUTHORITY
SIGNATURE
_„_.PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
4V:it/
Allan Ekberg
Mayor
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE
PRINT OR TYPE NAME
TITLE
4V:it/
Jay Wittwer
EM Director
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE
PRINT OR TYPE NAME
TITLE
Jason Konieczka
EM Manager
\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
18-224
Council Approval N/A
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT -A REEMENT FACE SHEET
1. Subrecipient Name and Address:
City ofTukwila
6200 Southcenter Blvd
Tukwila, WA 98108-254
2. Grant Agreement Amount: /c �w=
$11.032
��` /!`J , ,{,T��
3. Grant Agreement Number:
E19-147
4. Subrecipient Commn\phnnr/ema|:
mmo]oan%ron|.(2n#)y71'a74z
nyoinan.hn*w|@tuhwi|awa.gov
5. Grant Agreement Start Date:
June 1.zo18
6. Grant Agreement End Date:
August 31, 2019
7. Department Contact. phone/email:
Gary Stumph, (253) 512-7483
gary.stumph@mil.wa.gov
8. Data Universal Numbering System (DUNS):
010207504
9. UBI # (state revenue):
179'000'208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT') and the U.S. Department of Homeland Security (DHS)
11. Federal Funding dentiflcation #:
sMS'2018'sP'00004'S01
12. Federal Award Date:
0017/2018
13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
97.042(18EMPG)
14. Total Federal Amount#:
$7.3*5.832
15. Program Index #&OBJ/SUB'0BJ:
783pT NZ
16. Service Districts:
(BY LEGISLATIVE DISTRICT): 11.33. 37
(BY CONGRESSIONAL DISTRICT): 7, 9
17. Service Area by County(ies):
King
10. VYnmen/Minohty'Ownod.Staoa
Certified?: IrZ N/A [] NO
[] YES, OMVVBE#
19. Agreement Classification
[] Personal Services [] C|ien1Seninas ZI Pub|ic/Locm|Gnv't
[7 Research/Development [] AJE E Other
20. Contract Type u`erxanm^topp/y):
[l Contract �� Grant Z Agreement
[] Intergovernmental (RCW 39.34) [J |nusmgency
21. Subrecipient Selection Process:
Z 'To all who apply & qualify" [] CompehUvoBidding
[] Sole Source [] A/ERCVY [l N/A
[J Filed w/OFM? [J Advertised? L] YES [] NO
22. Subrecipient Type (check all that apply)
[] Privato0rganization/|ndividva| [] For -Profit
E: Public Organization/Jurisdiction [] Non -Profit
-[l CONTRACTOR Z SUBRECIPIENT [] OTHER
23. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2018 Emergency Management Performance Grant (18EMPG) is to provide U.S. Department
of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and
tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of
those programs as described in the Work PIan.
The Department is the Recipient and Pass-through Entity of the 18EMPG DHS Award Letter for Grant No. EMS -2018 -EP -00004-
S01, which is incorporated in and attached hereto as Attachment #1 and has made a subaward of Federal award funds to the
Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds
provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit 8); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement. unless otherwise provided herein. the inconsistency shall be resolved by giving
precedence in the foliowing order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and prograrn documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
VVHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE, DEPARTMENT: 8U -/
�
��- /`'` `^�� � \' ^^�, } /2,( «�
Signature. Date nature Date
Regan Anne Heovo, Chief Financial Officer Allan Ekberg, Mayor /
VYaokingtnnStamMilitary Depa�ment QtyofTukwila /
BOILERPLATE APPROVED AS TO FORM: \
Brian E. Buchholz 8/21/2010 \` APPROVED A8TOFORM (if app|icab|e):
Sr. Assistant Attorney General
Applicants Legal Review Date
DHS-FEMA-EMPG-FY 18
Page 1 of 35
City ofTukwila, E18'147
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT
DEPARTMENT
Name
Raejean Kreel
Name
Gary Stumph
Title
EM Specialist
Title
Program Coordinator
E -Mail
raejean.kreel@tukwilawa.gov
E -Mail
gary.stumph@mil.wa.gov
Phone
206-971-8742
Phone
253-512-7483
Name
Jay C. Wittwer
Name
Tirzah Kincheloe
Title
Fire Chief
Title
Program Manager
E -Mail
jay.wittwer@tukwilawa.gov
E -Mail
tirzah.kincheloe@mil.wa.gov
Phone
206-971-8711
Phone
253-512-7456
Name
Name
Title
Title
E -Mail
E -Mail
Phone
Phone
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 18EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year (FY) 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for
Grant No. EMS -2018 -EP -00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all
of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 18EMPG funds received under this Agreement casts the
party receiving the funds in the role of a Subrecipient or contractor in accordance with 2
CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its Subrecipient:
The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 18EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii The Subrecipient shall require its subrecipient to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 18EMPG Program, including, but
DHS-FEMA-EMPG-FY 18
Page 2 of 35 City of Tukwila, E19-147
not limited to, all criteria, restrictions, and requirements of The U.S. Department
of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2018 Emergency Management Performance Grant (EMPG) document,
the DHS Award Letter for Grant No. EMS -2018 -EP -00004-S01 in Attachment
1, and the federal regulations commonly applicable to DHS/FEMA grants.
The Subrecipient shall be responsible to the Department for ensuring that all
18EMPG federal award funds, and associated matching funds, provided to its
subrecipients are used in accordance with applicable federal and state statutes
and regulations, and the terms and conditions of the federal award set forth in
Attachment 1 of this Agreement.
2. BUDGET & REIMBURSEMENT
a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency and the
Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414
and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate
agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate
with the Department or charge a de minimis rate of 10% of modified total direct costs. The
Subrecipient's actual indirect cost rate may vary from the approved rate but must not
exceed the approved negotiated indirect cost rate percentage for the time period of the
expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to charge indirect
costs must be submitted to the Department for approval with an explanation for the
change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at 1`, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to _~_ - a,Qv no later than the due dates listed within the
Timeline (Exhibit D).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department. If the reimbursement request isn't substantial
enough, the Subrecipient should request prior written approval from Department Key
Personnel to waive the due date in the Timeline (Exhibit D) and once approved submit
those costs on the next scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement. This request must be submitted to the
Department Key Personnel sufficiently in advance of the due date to provide adequate
g.
DHS-FEMA-EMPG-FY 18
Page 3 of 35 City of Tukwila. E19-147
time for Department review and considorabnn, and may be granted or denied within the
Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Gubreoipient, its cnntreotor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
on'federa|enbtytowhichtheSubrenipientmokeaasubovvardandiainvoioedbythovendnr.
Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not Iimited to, those reports in the Timeline) will
prohibit the Subrecipient from being reimbursed until such complete reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with aPI reporting requirements contained in this Agreement.
A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categohen, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totais not in compliance with this
paragraph will not be reimbursed without approval from the Departmerit.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace (supplant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is nought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b
With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located athttplimiLwaoviernergency-
manaciement-divisioillui-antsireciu;redgrantfc,r-ms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
Stakeholder Preparedness Review (8PR), formerly known as the State Preparedness
Report.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314
for management of supplies, to include, but not Iimited to:
Upon successful completion of the terms of this /\ormemant, all equipment and
supplies purchased through this Agreement will be owned by the Subrncipient,
or a recognized non-federal entity to which the Subrecipient has made a
DHS-FEMA-EMPG-FY 18
Page 4 of 35 City ofTukwila, E19-147
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
Inventory system records shall include:
A. description of the property
B. manufacturer's serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number (FAIN)
D. Catalog of Federal Domestic Assistance (CFDA) number
E. who holds the title
F. acquisition date
G. cost of the equipment and the percentage of federal participation in the cost
H. location, use, and condition of the equipment at the date the information
was reported
I. disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft
shall be investigated, and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
DHS-FEMA-EMPG-FY 18
Page 5 of 35 City of Tukwila, E19-147
B. For Equipment:
1) Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, or otherwise disposed of with no further obligation
to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at 3
It is important that the Subrecipient and any non-federal entity to which
the Subrecipient makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program and includes items that may not
be categorized as equipment according to the federal, state, local, and tribal definitions of
equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. The Subrecipient must pass on equipment and supply management requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at all of which are
incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY 18
Page 6 of 35 City of Tukwila, E19-147
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient wilt not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditionn. Exhibit B, A.10.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre -procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a nubovvorU, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department witi monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirennents, federal grant guidanoe, and applicable federal and state financial
regulations, as well as 2 CFR Rart 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the '`2 CFR Part 200 Subpart F Audit
Certification Fornn" located at hztPilmliima jqoY/en?e1Oeg!?{ mIananergant-
d|V|sion/arontsirequiradonynticonnn with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
review of financial and performance reports
monitoring and documenting the completion of Agreement deliverabies
iii. documentation of phone calls, rneedn8s, e-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventori*s, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
abnve.foranynon-federa|entitytovvhichtheSubreoipientmokesasubawardasepaas'
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national ori0in, which requires that
Subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
DHS-FEMA-EMPG-FY 18
Page 7 of 35 City dTukwila, E19-147
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000). requires federal agencies to issue guidance to reoipients, 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 at h�tp��0wvvvvdh���v/q�/dmn�e��gbU�hed-h�/�±
de�@dI�nn�oupp�d�d-qr��niz��innn-nI��d�J�e�gj� Un�bad and
additional resources on -1���VYyY�y����Oq�.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a oonoistmnt, nationwide approach
and vocabulary for mu!tiple agencies orjurisdictions to work togetherto build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b
Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated pnapnredneas, p|anning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the p|onning, organizational noUvitieo, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive FY 2018 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS Implementation Objectives are located at
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEW1A, which is provided to assist
state, |ooa|, and tribal governments to enhance and sustain all -hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency
ManagannentAct(GU.3.C.87G2).
2. A portion of the 18EMPG is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and
enhance emergency management capabilities pursuant to Washington Administrative Code
(WAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs.
5. The Subrecipient shall provide a fifty percent match of $11,032 of non-federal origin. To meet
matching requirements, the Subrecipient's cash matching contributions must be considered
reaaonab|e, a||om/Gb|e, a||ocab|e, and necessary under the grant program and must comply with
all Federal requirements and regu|atinns, ino|uding, but not limited to, 2 CFR Part 200. An
DHS-FEMA-EMPG-FY 18
Page 8 of 35 City of Tukwila, E19-147
appropriate mechanism must be in place to oepture, trach, and document matching funds. In the
final report, the Subrecipient shall identify how the match was met and documented.
O. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. Complete and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
hYtos://w0mv.fennaroDodiSemenJenoy/n|me/n|n)straininA orogIanpdf (to include |CS'
100. ICS -200, 1G'700. and /G'ODO for most personnel). The Subrecipient will report
training course completion by individual personnel along with the final report; and
b. Complete either (1) the FEMA Professional Development Series |G-120. 1S -230,1S-235,
|S-240. 1S-241. 1S'242. and 1S-244. or (2) the National Emergency Management Basic
Academy. The Subrecipient will report training course completion by individual personnel
along with the final report.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 18EMPG program funding, the Subrecipient shall comply with all applicable DNS
terms and conditions of the 18EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS -2018 -EP -00004-S01, which are incorporated and made a part of this Agreement as Attachment 1.
DHS-FEMA-EMPG-FY 18
Page 9 of 35 City of Tukwila, E19-147
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)I
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. ''Subnomipimnt" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "Subrecipient" is the same oein2CFR 2UO.S3
for all other purposes.
d. "Monitoring Activities" means all edrninistraUva, finoncia|, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. ^|nVmstrnent"meonathegnantapp|icmUonsubmittedbythe8ubneoipientdescribingUheproject(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. HVvvever, such amendment or modification shall not be binUing, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agraementn, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101'380. 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE ^AOA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of annp|oynnent, public aonommodadona, state and local
government services, and tetecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local |axva, rules and regulations.
A,0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall oonnp|etm, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at htto:VnzL«ya.poy/emerQenoy'manaaement-
diyi17:ion/«FmOt-S/meCIu/[adirantrnn5. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
DHS-FEMA-EMPG-FY 18 Page 1Oof35
City of Tukwila, E19-147
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended,
proposed for Uebmrrnent. declared ine|igib|e, or voluntarily excluded from participation in "covered
tnanaoctions" by any federal department or agency. "Covered tranoaotions" include procurement
contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25.000. and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or Subrecipient or by checking the System
for Award Management (httpn://sarn.gov/porto|/GAM/#4#11) maintained by the federal government. The
Subrecipient also agrees not to enter into any arrangements or contracts with any party on the
Washington State Department of Labor and Industries' "Debarred Contractor List"
(htps:secoreln|:vxa,guv/debarandstrike/ContrsnturOeborL|sLaopx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(htto://vvvvv.cies.yya.cl0v/sen/i---COntractinaPurchGsiUg/BuG|0es Gmei t ---,Dx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal conhact, the making of any federal 0rant, the making of
any federal loan, the entering into of any cooperative agreennent, and the extension, nontinuation,
renevva|, onnendnnent, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other 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
Agreement, grant, |oan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form -LLL, "Disclosure Formto Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
doounnnntsforo||subavvardoato||tieru/inc|udingsub-cnntroots.aub'granto.andoonhaotsunderQrants.
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and iso prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no nnennber, offioer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the prjentduringhiaorhertenura.sha||haveanyperoona|orpoouniory
gain or interest, direct or indirect, in any onntroct, aubcontroot, or the proceeds thereof, for work to be
performed in connection with the prject assisted under this Agreement.
The Subrecipient shall incorporate, or cause to |noorpnrato, in all such contracts or nubmvvards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subraoipientssho|| comply with, and the Department is not
responsible for determining compliance vvith, any and all applicable federo|, state, and local |avvs,
regu|ationa, executive orders, OMB Cirnu|ars, and/or policies. This obligation inc|udes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 9J'288.asannondad).Ethics inPublic Service (F<CVV42.52).Covenant Against Contingent Fees (48
CFR Section 52203'5), Public Records Act (RCW 42.56), Prevaiting Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-EMPG-FY 18
Page 11 of 35 City of Tukwila, E19-147
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318 General procurement standards through 200.326 Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
DHS-FEMA-EMPG-FY 18
Page 12 of 35 City of Tukwila, E19-147
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors 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 CFR part
247 that contain the 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 during 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.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
DHS-FEMA-EMPG-FY 18
Page 13 of 35 City of Tukwila, E19-147
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents, and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
DHS-FEMA-EMPG-FY 18
Page 14 of 35 City of Tukwila, E19-147
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHANVISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
DHS-FEMA-EMPG-FY 18
Page 15 of 35 City of Tukwila, E19-147
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Su brecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
DHS-FEMA-EMPG-FY 18
Page 16 of 35 City of Tukwila, E19-147
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program -
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
means a State, local government, Indian tribe, institution of higher education, or non-profit organization
that carries out a federal award as a recipient or Subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its corrective action plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form"
(``. f.. i. an_ , =is! e-, e :s) to the Department
at the address listed above identifying this Agreement and explaining the criteria for exemption no later
than nine (9) months after the end of the Subrecipient's fiscal year(s).
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
DHS-FEMA-EMPG-FY 18
Page 17 of 35 City of Tukwila, E19-147
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
DHS-FEMA-EMPG-FY 18
Page 18 of 35 City of Tukwila, E19-147
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
DHS-FEMA-EMPG-FY 18
Page 19 of 35 City of Tukwila, E19-147
g.
Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY 18
Page 20 of 35 City of Tukwila, E19-147
Exhibit C
WORK PLAN
FY 2018 Emergency Management Performance Grant
2
2
Emergency'Management OrganizationCity of Tukwila
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management
programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention,
protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding.
However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to
the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the
Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include
18EMPG grant and local funds).
Program Area
Community Outreach
WORK PLANNED
WHY THE WORK I5 BEING DONE
RESULT OF THE WORK
Purchase public education materials that will be
used to educate, or be delivered, at numerous
public outreach events.
To provide educational experiences and material
to residents, businesses, and school students and
staff.
Preparedness information will be shared in the
forms of experience, handouts, and interaction.
Deliver a minimum of two CERT classes in the
community, inviting students and staff who attend
Foster High School, residents, and local
businesses.
CERT is a popular request. Extensive resources are
needed to deliver this class. EMPG funds will help
maintain the required supplies in order to keep
delivering this class.
A better prepared community will be the result of
educating residents, students, schools, and
businesses.
Program Area #2
Planning
WORK PLANNED
WHY THE WORK 15 BEING DONE
RESULT OF THE WORK
Prepare for and coordinate priorities for the
transition to a new Emergency Manager.
The current Emergency Manager is retiring by the
end of 2018. An overlapping training and
transition period is necessary to prepare the new
Emergency Manager to inherit the program.
Emergency management programs and office
capabilities will remain consistent throughout the
transition.
Update the CEMP, focusing on current City needs
and conditions.
The City is due for the 5 -year review, as the last
update was completed in 2013.
A current, state -approved CEMP will be
maintained to establish a comprehensive, all -
hazards approach to incident management.
Coordinate with King County on the "Regional
Hazard Mitigation Plan."
This will update the City's current HMP and
establish the City of Tukwila as one of the
signatories on the County regional plan.
This will result in a local plan for the City, and
provide for better regional coordination of Hazard
Mitigation planning.
DHS-FEMA-EMPG-FY 18
Page 21 of 35 City of Tukwila, E19-147
Exhibit D
TIMELINE
FY 2018 Emergency Management Performance Grant
DATE
TASK
June 1, 2018
Grant Agreement Start Date
January 30, 2019
Submit reimbursement request
April 30, 2019
Submit reimbursement request
August 31, 2019
Grant Agreement End Date
October 15, 2019
Submit final reimbursement request, final
requirement report, and/or other deliverables.
report,
training
DHS-FEMA-EMPG-FY 18
Page 22 of 35 City of Tukwila, E19-147
Exhibit E
BUDGET
FY 2018 Emergency Management Performance Grant
18EMPG AWARD
SOLUTION
AREA CATEGORY
$ 11,032.00
EMPG AMOUNT
MATCH AMOUNT
Salaries & Benefits
Overtime/Ba c kfi l l
Z Consultants/Contractors
ZGoods & Services
gTravel/Per Diem
$ $
$ 11,032 $
$ $
Subtotal $ 11,032 $
ZSalaries & Benefits
▪ Overtime/Backfill
NJ • Consultants/Contractors
QGoods & Services
Travel/Per Diem
12,000
O Subtotal $
12,000
Salaries & Benefits
Overtime/Backfill
✓
cc
w
X
w
Consultants/Contractors
Goods & Services
Travel/Per Diem
$
Subtotal $
s Benefits
me/
Backfill
tants/Contractors
& Services
Per Diem
Salaries
Overti
▪ Consul
Goods
F— Travel/
a
5 Equipment
w
w
Subtotal
Subtotal
Salaries & Benefits
Over time/Backfi 1 I
• Consultants/Contractors
oiS
2 Goods
Services
Travel/Per Diem
Subtotal $
Indirect
Indirect Cost Rate on file
0%
TOTAL Grant Agreement AMOUNT: $
11,032
12,000
• The Subrecipient will provide a match of $11,032 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 783PT — EMPG
DHS-FEMA-EMPG-FY 18
Page 23 of 35 City of Tukwila, E19-147
Award Letter
Attachment 1
I8EMPG Award Letter
EyNS-2018-EP-00004-5Q1
UB. Department ofHomeland Secu
Washington, D.C. 20472
Bret Daugherty
Washington Milita*yDepartment
Building 20
Camp Murray, VVA9843O'5122
Pe: Grant No.EMS2O18'EP'OOOO4
Dear Bret Dauherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2015 Emergency Managernent Perforrnance Grant as been approved in the amount nf%7;345,832.00.
As a condition ofthis avard, you are required to contribute a cost match in the amount of%7345832.0Oofnon-Federal funds,
or 60 percent ofthe total approed project costs of $14,691,664.00.
De.fore you request and receive any ofthe Fe de ral furi de awarded to you you must establish acceptance ofthe award. By
accepting this award, you acknowledge that the terms nf the following documents are incorporated into the terms N[your
award:
^ Agreement Articles (attached to this Award Letter)
^
Gbligatin9 Document (attached to this Avard Letter)
• FY 2018 Emergency Ivlonngement Performance Grants Notice of Funding Opponmnhy.
Please make sure you read understand and rnairitain a copy of these documents inyour official file for this award.
In orcler to establish acceptance ofthe award and its terms, please follow thnsn instructions':
Step 1: Please log in to the ND Grants system at h8pcllponuifemn.8ov.
Step 2: After logging in you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sub -menu, and then click the l:nk for .Award Ciffer Reyiew tasks. This irik will navigate you to Award Packages
that are pending review..
Step3:C|iokthoRnviewA*a,dPacknQeicon(xmnd/)tomvio*thnA*n/dPacksgnondncceptnrdndine1hno*ad Please
save nrprint the Award Package for your records.
System for Award Manaqernent (SAM): Grant recipients are to keep all nftheir information up to date in SAM, in pnrticu|ar,
your organization's name, address, DUNS number, BN and banking information. Please ensure that the DUNS number used
in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent en the informaticri p rovided
in the SAM, thereforEi, it is imperative that the m/nnnationioconncLTheSystemforA*ard Management islocated athttpX
mamgo,
If you have any questions or have updated your informal n in SAM, please let your Grants 11.1enw8omemSpecialist (SMS)
knc'w as scan as possible. This wil hep usa to make. the riecessary updates and avoid ariy interruptions in the payment
process.
DHS-FEMA-EMPG-FY 18
Page 24o[85 City nfTukwila, E19'147
CHRISTINE MARIE JONIENTZ TRISLER Regional Administrator
DHS-FEMA-EMPG-FY 18
Page 25 of 35 City of Tukwila, E19-147
A_$
Sun Oct 01 00:00:00 GMT 2017
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article IX
Article X
Article XI
Article XII
Article XIII
DHS-FEMA-EMPG-FY 18
U.S. Department of Homeland Security
" ashington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
V's`ashington Military Department
Emergency Management Performance
Grants
EMS -20 1 8 -EP -00004- 301
TABLE OF CONTENTS
Whistleblower Protection Act
Use of DHS Seal, Logo and Flags
USA Patriot Act of 2001
Universai Identifier and System of Award Management
(SAM)
Reporting of Matters Related to Recipientlntegrty and
Performance
Rehabilitation Act of 1973
Trafficking Vicctirris Protection Act of 2000
Terrorist Financing
SAFEC OM
Reporting Subatvards and Executive Compensation
Procurement of Recovered Materials
Patents and Intellectual Property Rights
Notice of Funding Opportunity Requirements
Page 26 of 35 City of Tukwila, E19-147
Article XIV Non -supplanting Requirement
Article XV Lobbying Prohibitions
Article XVI Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article XVII Hotel and Motel Fire Safety Act of 1990
Article XVIII Fly America Act of 1974
Article XIX Best Practices for Collection and Use of Personally
Identifiable Information (PII)
Article XX Americans with Disabilities Act of 1990
Article XXI Age Discrimination Act of 1975
Article XXII Activities Conducted Abroad
Article XXIII Acknowledgment of Federal Funding from DHS
Article XXIV Federal Leadership on Reducing Text Messaging while
Driving
Article XXV Federal Debt Status
Article XXVI
False Claims Act and Program Fraud Civil Remedies
Article XXVII Energy Policy and Conservation Act
Article XXVIII Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
Article XXIX Duplication of Benefits
Article XXX Drug -Free Workplace Regulations
Article XXXI Debarment and Suspension
Article XXXII Copyright
Article XXXI I I Civil Rights Act of 1968
Article XXXIV Civil Rights Act of 1964 - Title VI
Article XXXV DHS Specific Acknowledgements and Assurances
Article XXXVI Assurances, Administrative Requirements, Cost Principles,
and Audit Requirements
DHS-FEMA-EMPG-FY 18
Page 27 of 35 City of Tukwila, E19-147
Article XXXVII National Environmental Policy Act
Article XXXVIII Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
Article XXXIX
Article XL
Article XLI
Article! - Whistleblower Protection Act
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Budget
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 Section 2409,
41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310.
Article II - 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 III - USA Patriot Act of 2001
Recipients must comply with requirements of the
22ab'
Tocns
o intend -2W ad Qbstr ,t . ere n._: Act (USA PAIR ,- , which amends 18 U.S.C. Sections 175-175c.
Article IV - Universal Identifier and System of Award Management (SAM)
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 l .
Article V - Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal
assistance offices exceeds 810,000,000 for any period of time during the period of performance of this federal financial
assistance award, the recipient must comply with the requirements set forth in the government -wide Award Term and
Condition for Recipient Integrity and Performance Matters located at 1 C. F.R. Part 200. Appendix.' the full text of which is
incorporated here by reference in the award terms and conditions.
Article VI - Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. Section 794), as
amended, 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 VII - Trafficking Victims Protection Act of 2000
Recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the
Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. Section 7104. The award term is located at 2
Section 175.15, the full text of which is incorporated here by reference.
Article VIII - Terrorist Financing
Recipients must comply with 3 13`2 and U.S. law 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.
DHS-FEMA-EMPG-FY 18
Page 28 of 35 City of Tukwila, E19-147
Article IX - 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 X - Reporting Subawards and Executive Compensation
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, Aowndix A, the full text of which is incorporated here
by reference in the award terms and conditions.
Article XI - Procurement of Recovered Materials
Recipients must comply with Section 6002 of the Sdid Wrote Discos& Act. as amended by the R4-3-5ource Cor?.servalion and
„Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at Pail:247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Article XII - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bay/I-Dale ,4ct, Pub. L. No, 96-017, as amended, and codified
in 35 U.S.C. Section 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 federal financial assistanceawards located at 37 C.F.P. Pnrt
401 and the standard patent rights clause located at 37 C.F.R. Section 401.14.
Article XIII - Notice of Funding Opportunity Requirements
All of 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. Recipients must comply with any such
requirements set forth in the program NOFO.
Article XIV - 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 XV - Lobbying Prohibitions
Recipients must comply with 31 U S C. Section 1352, which provides that none of the funds provided under an 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 XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 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
lailpaalliwww agyfritlifOnse-ppOfj§0-:-°1p-departr-rient-suo-Dofled-croanizations-Qrovician;m:jul- access -people -limited
and additional resources on ht.1-1.11www.lep.,:gov.
Article XVII - 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. Section 2225a), recipients must
ensure that all conference, meeting, convention, or training space funded in whole or in pail 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. Section 2225).
DHS-FEMA-EMPG-FY 18
Page 29 of 35 City of Tukwila, E19-147
Article XVIII - 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. Section
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. Section 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the March 31; 1981 amendment to
Comptroller General Decision 5-138942.
Article XIX - Best Practices for Collection and Use of Personally Identifiable Information (Pil)
Recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage
and maintenance of PH they collect. DHS defines personally identifiable information (PI I) 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 AssessmentsGuidance and mel ate as useful resources
respectively.
Article XX - Americans with Disabilities Act of 1990
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. Sections 12101- 12213).
Article XXI - Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, Section 6101 et
seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article XXII - Activities Conducted Abroad
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.
Article XXIII - Acknowledgment of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,
bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article XXIV - 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 L30. 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 XXV - Federal Debt Status
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.)
Article XXVI - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of The False Claims Act (31 U.S.G. Section 3729-3733) which prohibits the
submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. Section 3801-3812 which
details the administrative remedies far false claims and statements made.)
Article XXVII - Energy Policy and Conservation Act
Recipients must comply with the requirements of The Energy Policy and Conservation Act (42 U.S.C. Section 6201) which
contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with
this Act.
DHS-FEMA-EMPG-FY 18
Page 30 of 35 City of Tukwila, E19-147
Article XXVIII - 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 (20 U.S.C. Section 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 (2 R. Pa and 44 C.F.Part 19
Article XXIX - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 _;; F ,-;.P 2 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 XXX - 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
CFR rart 3001, which adopts the Government -wide implementation (_ C 521 of sec. 5152-5158 of the Drug -Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101).
Article XXXI - Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.)
549 and 12- -=�, and 2 C. F. R. ). 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 XXXII - Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. Sections 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 XXXIII - Civil Rights Act of 1968
Recipients must comply with Title, , il€ 4 hu=t 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. Section 3601 et seq.), as implemented by the
Department of Housing and Urban Development at 24C.F.R.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. FR Sectio,
Article XXXIV - Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 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... 21 andC.F.R.
Article XXXV - DHS Specific 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.
1. Recipients must cooperate with any compliance reviews or compliance investigations 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 federal financial assistance award and permit access to facilities, personnel, and other
DHS-FEMA-EMPG-FY 18
Page 31 of 35 City of Tukwila, E19-147
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 he past three years, recipients have been accused of discrimination on the grounds of race, color, national origin
(including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all
such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the
DHS Office of Civii Riohts and Civil Liberties (CRCL) by e-mail at p 1;-a-a.dt s.:ov or by mail at U.S. Department of Homeland
Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 1Nashington, D.C. 20528.
6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin
(including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter
alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL
office by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXVI - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements
DHS financial assistance recipients must complete either the OMB Standard Form) Standdid Furm 424B Ass i -
n a or OMB Standard Form 2124.0 Assurances - Construction Prporams 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 applicable to their
program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions.
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
Part ': 0Q, and adopted by DHS at 2 C.F.Part 3002.
Article XXXVII - National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Poi c cf (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.
Article XXXVIII - 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 .F Ft,
Part 13 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in
individual DHS programs.
Article XXXIX - 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(Delinsarev if you have any questions.
Article XL - Disposition of Equipment Acquired Under the Federal Award
DHS-FEMA-EMPG-FY 18
Page 32 of 35 City of Tukwila, E19-147
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. Section 200.313.
Article XLI - 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. Section 200.308. For awards with an approved budget greater than the simplified
acquisition threshold as defined at 2 C.F.R Section 200.88 (currently $250,000); 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.
BUDGET COST CATEGORIES
Personnel 83,157, 326.00
Fringe Benefits S1,174,535.00
Travel 885,863.00
Equipment $0.00
Supplies 558,504.00
Contractual 89,819,913.00
Construction $0.00
Indirect Charges $395,523.00
Other $0.00
DHS-FEMA-EMPG-FY 18
Page 33 of 35 City of Tukwila, E19-147
Obh_gadmstrter Aard;_ztrumaiew.
la. A GREEMENT NO. 2. AMENDMENT NO.
EMS -2018 -EP -00004-S01
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430 -
5122
9. NAME OF RECIPIENT
PROJECT OFFICER
Tirzah Kincheloe
11. EFFECTIVE DATE OF
THIS ACTION
10/01/2017
'4**
3.
RECIPMNT
NO.
9160010950
7. ISSUING FEMA OFFICE AND
ADDRESS
FEMA -GPD
400 C Street, SW, 3rd floor
Washington, DC 20472-3645
POC: 866-927-5646
PHONE- NO.
2535127456
12.
METHOD
OF
PA YNEENT
PARS
4. TYPE OF ACTION 5. CONTROL NO.
AWARD FY2018R1OEIVMG
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA 22603
10. NAME OF FEMA PROJECT CO ORDLNA TOR
Central Scheduling and Infonnation D esk
Phone: 800-368-6498
Email: A skcsid@clhs.gov
13. ASSISTANCE ARRANGEMENT
Co st Reimbursement
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM CEDA NO.
NAME
ACRONYM
Emergency 97.042
Management
Performance
Grants
ACCOUNTING DATA
(AC CS CODE)
x_x_=-=x-xx,o(-x
2018-FA-GA01-R107-
-4120-D
PRIOR
TOTAL
AWARD
AMOUNT
A WARDED
THIS
ACTION
+ OR (-)
14. PERFORMANCE PERIOD
From: To:
10/01/2017 09/30/2019
Budget Period
10/01/2017 09/30/2019
CURRENT CUMULATIVE NON -
TOTAL FEDERAL COMNIITWNT
AWARD
$0.00 57;345,832.00 57,345,832.00
TOTALS $0.00 57345,832.00 $7345,832.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
NiA
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO rEMA (See Block 7 for address)
Emergency Management Performance Grants 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 PROCiRAMS: RFCIPMNT 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.
See Totals
$7,345332.00
17. RECIPIENT SIGNATORY OITICIAL (Name and Title)
Tirzah Kincheloe, Mrs
18. FEMA SIGNATORY OkkICIAL (Name and Title)
KIMBERLY ERLN PENFOLD , Assistance Officer
DHS-FEMA-EMPG-FY 18
DATE
Wed Sep 05 00:20:54 GMT
2018
DATE
Fri Aug 17 16:37:29 GMT
2018
Page 34 of 35 City of Tukwila, E19-147
DHS-FEMA-EMPG-FY 18
Page 35 of 35 City of Tukwila, E19-147