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HomeMy WebLinkAbout21-179 - Washington State Military Department - Emergency Management Performance GrantWashington State Military Department AMENDMENT -.ra) Council Approval N/A 1. SUBRECIPIENT NAME/ADDRESS: Tukwila, City of 15005 Tukwila International Blvd Tukwila, WA 98188-2245 2. GRANT NUMBER: E22-161 AMENDMENT NUMBER: 4. SUBRECIPIENT CONTACT, PHONE/EMAIL: Mindi Mattson, 206-971-8750 son©tukwilawa.gov DEPARTMENT CONTACT, PHONE/EMAI Michael Alston, 253-512-7083 michaeLalston l.wa.gov 6. EIN: 91-6001. 7. ASSISTANCE LISTINGS # TITLE: 97.042 (21EMPG) _ 8. FEDERAL AWARD ID # (FAIN): EMS-2021-EP-00007-SO1 9. FUNDING AUTHOR! The Washington State Military Department (Department) and the US Department of Homeland Security (DHS) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT: The Subrecipient's work plan included purchasing and installing an Uninterruptable Power Supply (UPS) to ensure the EOC could continue to function during a power outage, however the UPS was subsequently purchased by the county using local funds. The funding for this work plan activity is moved from Priority Area #1 to new Priority Area #5 activity to purchase cots to outfit the mass care shelter during a mass care emergency. The Budget does not need to be modified but the Work Plan is updated accordingly Changes are noted in red font, strikethrough, and grey highlight. AMENDMENT TERMS AND CONDITIONS: 1. The Grant Agreement Amount of $11,628 remains unchanged. 2. The Grant Agreement End Date of September 30, 2022 remains unchanged. Change the Work Plan, Attachment D, as described on Page 2 of this Amendment. This Amendment is incorporated in and made a part of the Grant Agreement. Except as amended herein, all other terms and; conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreement or an Amendment to the "Grant Agreement" shall mean "Grant Agreement as amended". The Department and Sub -Recipient 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: /10/2022 Sinn'~tore Date Reran Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: /Signature on file/ David B. Merchant, Assistant Attorney General 10/11/2021 nature lan Ekberg, Mayor City of Tukwila APPROVED AS TO FORM (if applicable): Applicant's Legal Review Date DHS -FE MA -E MPG-FY21 Page 1 of City of Tukwila, E22-161 Amendment 1 1 Washington State Military Department Amendments to Agreement E22-161 Change the Work Plan, Attachment D. a. Original Work Plan, Attachment D, with attached Revision 1 Work Plan, Attachment D. DHS-FEMA-EMPG-FY21 Page 2 of 5 City of Tukwila, E22-161 Amendment Revision 1 WORK PLAN Attachment D FY 2021 Emergency Management Performance Grant Emergency it age rr entOr ani anon 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, plan, train, exercise, 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 EMPG grant and local funds). re p lity Community Resilience Ufa iiff� Cybersecurity uiI or us Building .....................:......... IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPA+ nth b e Capab d or Sustain 4. Emergency Public Info Community Resilience ion and Education Long-term Vulnerability Reduction Building ORK PLANNED Purchase public education materials that will be used to educate, or be delivered, at numerous public outreach events. IDENTIFIEDGAP/NEED ANTICIPATED PROJECT To provide educational experiences and material to residents, businesses, and school students and staff. Building a stronger public education and outreach program is a priority for the City Council and is a part of the strategic plan. DHS-FEMA-EMPG-FY21 IPAI Preparedness information will be shared in the forms of experiences, handouts, and interaction to better educate our esidents, business owners and visitors, improving residents' preparedness for response to emergencies making for a better prepared community. Page or City of Tukwila, E22-169 Amendment 1 4.4 Operational Planning and Procedures Community Resilience Access Control and Identity Verification Building IDENTIFIED GAP/NEED Purchase ICS vests for position identification when working in he EOC. The back-up EOC currently lacks the proper ICS vests for position identification. During most events in which the back-up EOC would have to be used, there would be no time to grab main EOC materials to transport them across the city. Therefore, the back-up EOC must have its own materials (such as ICS vests). Maintaining an activation -ready EOC and a back-up is specified in the City's CEMP. ANTICIPATED PROJECT IIIA Each person responding to the EOC will have a position -specific ICS vests to help identify each other's role in the operation and support efficient and timely communications with the coi persons. 4.4 Operational Planning and Procedures YORK PLANNED bass Care Services uilding IDENTIFIED GAP/NEED ANTICIPATED PROJE Purchase cats for chess care sheltering following an incident. The City of Tukwila has some sheltering supplies purchased for the xtanding up of a shelter but needs to place some cots that are no longer useable. DHS-FEMA-EMPG-FY21 Additionally, the City of Tukwila has a disproportionate amount of regular cots and very few cots that can accommodate bariatric or Access and Functional deeds (AFN) individuals, which means the shelter cannot adequately shelter the whole community Pageof5 The purchase of replacement cots; will allow us to have enough cots on hand to shelter the ct rru unity. Additionally, the purchase of lamer cots and cats designed for people with AFN wi ensure our shelter is accessible and comfortable for the whole community; City of Tukwila, E22-161 Amendm 21-179 Council Approval NIA Washington State Military Department ERGEICYMANAGEMENT PERFORMANCE GRANT AGREEMENT FACE STET Subrecipient Name and Address: Tukwila, City of 15005 Tukwila International Blvd Tukwila, WA 98188-2245 4. Subrecipient Contact, phonelemail: Mindi Mattson, 206-971-8750 mama on u iIaw a.gov 7. Department Contact, phonelemall Michael Alston; 253512-7083 hael.alston@miLwa.gov 10, Funding Authority: ngton State Military Departrnen 2 Grant Agreement ount $11,62&00 5, Grant Agreement Start Date:, June 1, 2021 Data Universal (umbering System (DUNS) 010207504 Grant Agrees E22-161 Grant Agre ent End Date; September 30, 2022 U131# (state revenue). 179400-208 Federal Award I1 # (FAIN) EMS -2021 -EP -00007-S01 (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS) ., 2, Federal Award Date: 0813012021 3. Assistance Listings # (formerly CFDA) & Title 97:042 (21 EMPG) 4. Total Federal Amount: $7,582922_ 17: Service Distric (BY LEGISLATIVE E DISTRICT): (BY CONGRESSIONAL DISTRICT): 7, Program Index # & 0BJ/SUB-OBJ: 713PT NZ EIN: I-001619 20, Agreement Classification: O Personal Services 0 Client Services Public/Local Gov't O Research/Development 0 ANE 18. Service Area by County(i ): King 0 Other,,.. omens Certified, 0 YES, OM inority-Owned„ State N/A 0 NO E 21. t ntract Type (ch ck all that appll Contract Grant Intergivernmantal (RBC 3 Agreement Interagency. 22, Subrecipient Selection Process: "To all who apply & qualify„ Competitive Bidding • Sole Source 0 NE (TCW 0 N/A Filed wIOFM7 0 Advertised? YES 0 NO 23. Subrecipient Type (c aIi Haat apply); Private Organizationllndhridual 0 For -Profit Public Organization1Jurisdiction 0 Non -Profit CONTRACTOR SUB( ECIPIE T 0 OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year 2021 Emergency Management Perforrrrance Grant (21EMPG) program is to provide Department of Hometand Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments In preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department Is the Recipient and Pass-through Entity of the 21 MPG DNS Award Letter for Grant No. EIIIIS-28121-EP 10007- S01, which Is incorporated in and attached hereto as Attachment C and has made a sub: rd of Federal award funds to the Subrecplent pursuant to this Agreement. The Subrecipient Is accountable to the Department for use of Federal award funds provided under this Ag _ ment and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and a pt the to s of this Ag rent, Including all reference Attachments which are hereby incorporated in and madea part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B), 21Ef11PG Award Letter EMS -2021 -EP -00007-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E), Budget (Attachment F), and all other documents expressly referenced and incorporated herein contain all the terms and conditions agr -. upon by the pates 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, n the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving pre ence in the following order; 1 Applicable Federal and State Statutes and Regulations 2. ONSIFEMA Award and program documents ork Plan, Timeline, and Budget 4. Special Terms and Conditions 5. General Terms and Conditions, and, 6. Other provisions of the Agreement incorporated by referenli Eli S, the parties hereto have executed this Ag ment on HE MENT 2/16/2022 Sig 'at e Date Regan Anne Hesse Chief Financial Officer ashington State Military Department BOILERPLATE APPROVED AS TO FORM Dawn C. Cortez [August 10, 2021] Assistant Attorney General DHS -FE A-EiPG-FY21 e day and year Inst specified e FOR .. ` gra EC Signature Allan Ekberg, Mayor City of Tukwila APPROVED AS TO FORM (11 applicable): Page 1 til City of Tu iia, E22-16' Attachment 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 Mindi Mattson Name Michael Alston Title Emergency Manager Title Program Coordinator Email mn.rnattson@tukm/|axvm.gon Email michael.alston@mil.wa.gov Phone 206'971'8760 Phone 253^512'7083 Name Eric Dreyer Name Tirzah Kincheloe Title Police Chief Title Program Manager Email m.drevwr@tukxvi|mxva.gov 206'433-3669 Email Phone tiroah.kinohe|me@rni|.xxa.gmv 263'512'7466 Phone Name Name Courtney Bemus Title Title Program Assistant Email Email cmurtney.benmum@rni|.m/a.gmw Phone Phone 253-316'6438 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal |avvs, ru|es, ragu|aUpno, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21EMPG Program, |nc|uding, but not limited to, all cr\terim, restrintiono, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity 0VDF0U Fiscal Year (F 2021 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document (the Manual), the DHS Award Letter for Grant No. EMS -2021 -EP -00007-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all ofwhich are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Departnnent, the state of Washington, or the United States liable for any donnoges, claim for reinlburoernant, 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 REQU!REMENTS 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 21EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. 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 21EMPG funda, inc|ud|ng, but not limited to, those contained in 2 CFR 200. || The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal |ovva, ru|es, re0u|otiona, requiremente, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21EMPG Program, including, but not limited to, all criter|a, restrjctiono, and requirements of The Department of DHS-FEMA-EMPG-FY21 Page 2 of 36 City nfTukwila, E22'1O1 Homeland (DHS Notice of Fiscal Year (FY) 2021 Emergency Management Performance Grant document, the Manual, the [}H9 Award Letter for Grant No. EM8-202/-EP-00007-801 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. The Subrecipient shall be responsible to the Department for ensuring that all 21EMPG federal award funds provided to its subreoipienta, and associated matching funda, are used in accordance with applicable federal and state statutes and rogu|aUons, and the terms and conditions of the federal award set forth in Attachment C ofthis Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipnnent, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. U. The maximum amount of alt reimbursement requests permitted to be submitted under this AgreeOnent, including the final reimbursement request, is Iimited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 2O0.414and Appendix VII tV2CFR 2O0: If the Subrecipient receives direct funding from any Federal agoncy(ieo), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 nn|||ion, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix Vil of 2 CFR 200 requirements. ii If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal poticies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or mnnenUad, and federal maximum rates set forth at httbs:Xvmxow^qoa.qov, and follow the most restrictive. If travel costs exceed set state or federal Iimits, 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 Fleinnbunaen]entsrni|.vva-qov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. 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. The Subreciient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended A. DHS-FEMA'EMPG-FY21 Page 3 of 36 City of Tukwila, E22-161 reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regu|aUono, requinannents, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline 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 time for Department review and consideration 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 forty-five (45) days after the Grant Agreement End [)ate, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Gubnecipierd, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (inc|uding, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such 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 alt reporting requirements contained in this Agreement. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent (106)nfthe Grant Agreement Amount. Any ohangao to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. 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 aought, relate to the Work Plan (Attachment D) 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 cojunctionyviththofino|report.theSubnaoipientsha||subrnitaaoporotenaportdeta||ing 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 an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per 8ubreoipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. e. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (TH|RA), core capabilities DHS-FEMA-EMPG-FY21 Page 4 of 36 City of Tukwila, E22-161 assessments, and data calls. Non -participation may result in withholding of funding under future grant years. 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 200.317 through 200.327, and all Washington State procurement statutes, 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 ino|ude, but not Iimited to: Upon successful completion of the terms of this Aopeennent, all equipment and supplies purchased through this Agreement will be owned by the Gubrenipient, or a recognized non-federal entity to which the Subrecipient has made a subovvnrd, for which a contract, Subrecipient grant ogreoment, or other means of legal transfer of ownership is in place. || All equ|pnnent, and supplies as opp|ioob|e, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. lnventory system records shall include: A. Description of the property B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) O. Assistance Listings Number (formerly CFDA Number) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property 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 equiprnent, 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 sha||, in connection with the inventory, verify the existenne, current uU|ization, 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 app|iomb|e, 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 inVeedQatad, and a report generated and sent to the Department's Key Personnel. 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 establishedfollowed 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 thenn, 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. B. For Equipment: 1) Items with a current per-unit fair -market value of $5,000 or less may be retained, sold, transferred, 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 dispoaiUon, rep|ooennent, or transfer. If any |itigaUon, c|o|nn, or audit is started before the expiration of the six-year pahnd, the records shall be retained by the Subrecipient until all litigation, c|ainno, 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 categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https:/&vvvvv.fenna.qVv/gnanto/quidance- too|o/nuthohzed~equipnnent^|isL 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, Iocal, 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 othonw|oe, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, |nteroperob|e, neo|||ent, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: DHS-FEMA-EMPG-FY21 Page 6 of 36 City of Tukwila, E22-161 g. Procure or obtain any equipnnerk, avotmnn, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extmnd, or renew a contract to procure or obtain any oquipnnent, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115'232 (2010. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibidon, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section 889AD(2)-(3) of the FY 2018 NDAA, and 2 CFR 200.216. covered telecommunications equipment or services means: Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii For the purpose of public smfaty, security of government tanUitias, physical security surveillance of critical infraotructure, and other national security purponea, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); '' Te|eoonnnnuninoUona or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of |nvaaUQaUon, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The Subrecipient must pass through 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. 5. 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 https:/hxnmw.femo.qoV/ormnte/qVid3nce-too|o/environnnenta|-histo[io 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, induding, but not limited to, construction of communication towers; modification or renovation of existing bu||dingo, structures and facilities; or new construction including replacement of faoi|itieo, 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 vva||s, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before prjent initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of vvork, 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. 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 FEMA 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 will not be reimbursed. G. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for prop000|a, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a oubovvard, 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. SUBREC|P|E0TK8ON|TOFi|NG a. The Department will 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 roquirennents, federal grant guidonoe, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per 8Ubrmoip|ent, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may \nu|ude, but are not limited to: Review of financial and performance reports Monitoring and documenting the completion of Agreement deliverabies Documentation of phone calls, meetings (e.g. agendas, sign -in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budgsd, and federal requirements v. Observation and documentation of Agreement related aotiv|tioo, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and invontor|eo, 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 eot|v\tien, as outlined oboVn, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement aaa'throughantib/undorthioAgrmannent e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. DHS'FEMA-EMPG-FY21Page 8 of 36 City of Tukwila, E22-161 8. LIMITED ENGLISH PROFICIENCY (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 origin, 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. Providing meaningful access for persons with LEP may entail providing language assistance oen/ioea, 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 racipienta, 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 san/ioes, 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 httVs:/Axmxw.dhs.qoV/oV|d8noe-pub|iShed-help- dapertrnent-aupported-orqanizabona~Prov|de-meaninqfuI-acoess-peop]e-||mited and additional resources on https://www.Iep.ciov. 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 consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to bui|d, eueta|n, 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 preparedneos, p|onninO, 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 planning, organizational mctivhkao, eqUipping, train|ng, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal, c. In order to receive FY 2021 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NI MS Implementation Objectives are located at httpa://vwom.fenna.bnv/ait8S/defou|t/fi|es/2020-07/fenna ninns |mp|en]entsdion-obiectiyeo- 20180530.pdf. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, 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.G.C. 8§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the 21EMPG 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. a. 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. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. DHS-FEMA-EMPG-FY21 Page 9 of 36 City of Tukwila, E22-161 c. The 8ubrec pierkahsJ| provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient's cash matching contributions must be verifiaU|e, reaaonab|e, o||oxv8b|a, oUnc8Wa, and necessary under the grant program and must comply with all Federal requirements and regulations, inu|ud|nQ, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to naptura, trmnk, and document matching funds. |nthe final report, the Subrecipient shall identify how the match was met and documented. d. Subrecipients shall participate in the State's annual Integrated Preparedness Planning Workshop (|PPVV). Non -participation may result in withholding of funding under future grant years. e. If funding is allocated to non -[)HG FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. If funding is allocated to non -DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https:/kmvvVv.fenMa.gov/g|tes/defaU|Vfi|es/2020- 04/Troininq Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Fudhernnore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. f. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: NIMS training requirements outlined in the NIMS Training Program located at https!//w/m8m.fenlo.gQV/pdf/enneuJeDcY/nirns/nimm training pr0grann.pdf (to include |CS - 100. |CG -200. |S-780. and IS -800 for most pereonneU and ii Either (1) the FEMA Professional Development Series /S-120. |S-230. IS -235, |S-240. IS - 241, IS -242, and IS -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 21EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 21EMPG Award Letter and its incorporated documents for DHS Grant No. EMS -2021 - EP -00007-S01, which are incorporated and made a part of this Agreement as Attachment C. DHS-FEMA-EMPG-FY21 Page 10 of 36 City ofTukwila, E22 -1O1 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Aoreement, 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 Tawfully 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. ^|nvmatnnent'meanothegrantapp||neUonoubm|ttedUytheSubrecipientdeochbingthaproject(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitoring Activities" means all ednniniotrotivo, finanoim|, or other review activities that are conducted to ensure compliance with all state and federal |evvs, rules, rmgu|atione, authorit|eo, and policies. e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" 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 DepartmentHowever, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for alt other purposes. "Threat and Hazard Identification and Risk Assessment (THIRA)'' The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. 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 Yvriting, an amendment or modification of this Agreement. Hovvavar, such amendment or modification shall not be binding, 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 agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification ofDHS/FEK1A approval ofthe Award performance period, followed upwith omutually agreed written amendment, or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336. 42 U.G.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE 'Y\OA" 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 onnp|nyment, public aonnnnrnodaUnna, state and local government services, and telecommunication. g. DHS-FEMA-EMPG-FY21 Page 11 of 36 City ofTukwila, E22 -1O1 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 |mvvs, rules and regulations. A.6 CERTIFICA11ON 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 oomp|ate, sign, and return a Certification Regarding Debarment, Suspension, /neligibhitV, and Voluntary Exclusion fornnlocated oth�ps:�rni|.vY8,qou/nequiredqrgn�omns.Any such fo0n completed -bythe Subrecipient for this Agreement shall be incorporated into this Agreement by reference. 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 dabarrad, ouoponded, proposed for debarnnent, declared ine|igib|e, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods orservices awarded under anon-procurement transaction (e.g.grant orcooperative agreement) that are expected to equal or exceed $25.000. and subevvardsto 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 (https://sam.qov/SAM/) 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 |nduotriao' "Debarred Contractor List" (httpa://saoure.1ni.vvo.Qov/deborandstrikeKContcaotor]ebarLiSLospu). The Subrecipient also agrees not 'oenter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (https://www.des.wa.qov/services/contractinq- purchasino/doinq-business-state/vendor-debarment). 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 ' ' tperson oany 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 unntrout, the making of any federal 0rant, the making of any federal loan, the entering into ofany cooperative e0reennant, and the extgnoion, conUnuahnn, renevvo|, ennandnn8nt, 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, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to 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 documents for all subawards at all tiers (including ouboonhacta, auborents, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance vv\th, any and all applicable f8dena|, state, and local |avvs, regulations, executive orders, OMB Circu|aro, and/or policies. This obligation inc|udeo, 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), Discrimination Act of 1975, Title VI of the CiviI Rights Act of 1964. Civil Rights Act of 1968. the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL S3-28O.oeanandad).Ethics inPublic Service (RCV42.53).Covenant Against Contingent Fees (48 CFR Section 52.2O3'5). Public Records Act (RCW 42.56). Prevailing Wages on Public Works CV 38.12>,State Environmental Policy Act (RCVV43.21C).Shoreline Management Act of1S71(RCVV9O.5U). DHS-FEMA-EMPG-FY21 Page 12 of 36 City ofTukwila, E22'1O1 State Building Code (RCW 19.27), Energy Related Bui|dingStandarda(RCVV1B.27A). Provisions in Buildings for Aged and Handicapped Persons (RCVV 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable |avv, nagu|etion, executive order, OMB Circular or policy by the Subnanipient, its contractors or subrecipients, the Department may roscind, cance|, 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 fai|ura, and that of its contractors and subrecipients, to comply with applicable |avvo, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no nnannber, oMioer, 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 project during his or her tenure, shall have any personal or pecuniary gain or |ntonest, direct or indirect, in any oontroot, suboontroot, or the proceeds thareof, for work to be performed in connection with the prject assisted under this Agreement. The Subrecipient shall |ncorporoto, or cause to incorporate, in all such contracts or nubavverds, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subi i ntoha||usmonompetitixoprouurementproceaeinthepronurennentandovvardof any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process foltowed shall be in accordance with 2 CFR Part 200.317 General procurement standards through 200.327 Contract provisions. As required by Appendix 11 to 2 CFR Part 200. alt 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 $250,000, 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.G.C. 1908. must address ednninistrative, 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 effected 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 OoomdunitY' (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) Davia-BaconAot. oaonlended(4O U.S.C. 3141-314O).VVhen required by Federal program|egia|etion, 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 Federaily 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 additinn, 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 Aot (4O U.G.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Page 13 of 36 City of Tukwila, E22-161 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"he Act provides that each contractor or Subrecipient must inconstruction, be prohibited from |ndVning, by any means, any person employed the non u nn. cVrnp|etion, 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 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 unoanitary, 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 ' defin|Uonnf^fundingagroonnent^under37CFR0401.2(a)andtharecipientnrSubrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, deve|npnnentn|, 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. 7401-7071q.) 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 ofthe Environmental Protection Agency (EPA). 8) Debornnentand Suspension (EnenuUveOrders 1254Sand 12O88)--Acontract ovvard(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 Annendnnant(31 U.8.C.1352)–Controcturethat apply orbid for onevvard 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, officeror employee of Congrmsa, or an employee of a member of Congress in connection with obtaining any federal uontroct, 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 200.323. 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 DHS-FEMA-EMPG-FY21 Page 14 of 36 City of Tukwila, E22-161 247 that contain the highest percentage of recovered materials prootnob|a, 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 $1O.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 federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Gubnec|pient, the federal awarding agency, the Comptroller General of the United Gtntea, or any of their duly authorized representatives to any bookn, 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 (6) 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). 16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure Pnojeoto." and as appropriate and to the extent consistent with |ovV, the non - Federal entity ohcu|d, to the greatest extent practicable under a Federal ovvord, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United 8tates, as required in 2 CFR Part 200.322. in every oontract, subcontract, purchase order, or sub -award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.210, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Deferise Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). Y5'232(20YR). 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 200.317 through 200.327. 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 prject 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 themdm|nistrationofthaOepmrtnnant'uortheGubnacipiant'srespons|b|Utieevvith 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. Page 15 of 36 City of Tukwila, E22-161 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 Gubrecipiant, its successors or osoigns, will proteot, save and hold harmless the Oepmrtnnent, the state of Washington, and the United States Government and their authorized agents and ennp\oyees, from all o|ainno, onUona, unsta, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its aubcontnactnrs, subrec1p|ents, 000igna, ogents, contractors, consultants, |imenaaes, inVit8eo, 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, FEMA is an agency of the Federal government, the following shall apply: 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 vvhUng, shall have the expreso, irnp|ied, or apparent authority to alter, amend, rnoUifv, or waive any clause or condition of this Agreement. Any alteration, omendnnent, nnodifioaUon, 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 ropneoentotives, except as provided for time extensions in Article A,3. Furthmr, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement pequoots. time extension requeotn, amendment and modification requeote, requests for changes to projects or work p|ans, and other requeats, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from atate, federa|, or other sources is vvithdrovvn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or and 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. A|ternative|y, 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 NC)NAG8|GNAB|L|TY 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, rogu|aUono, and policies. No person shall, on the grounds of age, race, unaed, color, sex, sexual orientaUgn, re|ig|on, national or|gin, marital otetuo, honorably discharged veteran or military stmtuo, or disability (phyaiva|, nnanto|, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, progronn, or activity, funded, in whole or in part, under this Agreement. DHS-FEMA-EMPG-FY21 Page 16 of 36 City of Tukwila, E22-161 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 (OS HA/WI SHA) The Subrecipient represents and warrants that its workplace 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 |iabi|ity, damages and costs of any nature, |no|uding, but not limited to, costs of suits and attorneys' fees assessed against the Oepartnnent, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT7CAP|TALFAC|L|T|ES 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 [>epartrnant, 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 prjecL 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. 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 provideU, hnvvever, 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 judgnnent, 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 raproduce, 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 the Assistance Listings Number (formerly 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 fodera|, state, and local |avvs, nagu|at\ono, 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 Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all booko, peuords, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contranto, oubam/orde, grant odnninistraUon, and paynoento, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). DHS-FEMA-EMPG-FY21 Page 17 of 36 City of Tukwila, E22-161 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 purpooe, 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 Ag,eemmnt, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third porty, 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 Subrocip|ont, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federe|, 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 |avvo, regu|otions, and executive orders. The Subrecipient shall dafend, 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 prject. The Subrecipient shall not look to the Oepertnnent, or to any state or federal agenoy, or to any of their employees or agents, for any perfVrnnnnue, assistance, or any payment or |ndwmn|ty, including, but not limited to, cost of defense and/or attorneys' fees, in connection ith 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 circustoncesinvo|id.thio|nv@|iditvdneonotaffectotherproVisiono,termuoruondiUons of the Agreenoent, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are dectared severable. A.28 S|N(3LEAUD|TACTREQU|REMENT8(ino|udingo||AW1ENOW1ENT8) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal ent|tioa, as Subrecipients of a federal evvard, that expend $750'000 or more in one fiscal year of federal funds from all mouncoa, 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 fribe, institution of higher education, or nonprofit 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 nud\tnr, 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. DHS'FENA.EMPG'FY21 Page 18 of 36 City of Tukwila, E22-161 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 cornp|eted, 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 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. 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 Subrecipients 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 offederal 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 c|aim, demond, or application to or for anright or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, |nc|uding, but not limited to, Workmen's Compensation ooveraga, unemployment insurance benofito, social security benefito, 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 deportment, state oganny, state univeroity, state uoUege, state community college, state board, or state cornmiao|nn, 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 TA>(ES, 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 Deartment Key Personnel identified in the Agreement, specifying the effective date thereof, at Ieast 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 ten (10) business days after emailing notice. 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. DHS-FEMA-EMPG-FY21 Page 19 of 36 City ofTukwila, E22 -1O1 A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and bVdgct, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Oepodment, in its sole d|acretion, 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 hereundgr, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreennent, or has violated any of the novenenta, 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 notifvthe Subrecipient invvriUngofthe need hztake corrective action and provide a period oftime inxvhiohtU'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 Ilability 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 innuffioient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further poyrnanta, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance b[eaoh, pending corrective action by the 8ubcec|pient, 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 Aoreannont, 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 braanh, or (2) failure to perform was outside of the Subrecipient's cnntrn|, fault or neg|\genoe, the termination shall be deemed to be a "Termination for Convenience" A.34 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 prica, if separately atated, 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 term|naUon, 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 Aonaernent.|fthe ternninmUon|nfor cause, the Depa�nlentshall deternninethe extent ofthe Uabi|ityofthe 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. Page 20 of 36 City of Tukwila, E22-161 The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rightsandrennodieoprov|dadbv|evv. 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 nnatmria|a, oen/icea, oupp|ieo, 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 [}epartrnent, in the nnannar, at the tinnes, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so ternninoted, in which case the Department has the right, at its d\screUon, 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 contracta. with the approval or ratification of the Department to the extent the Department may noqu|re, 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 Agreemnt had been completed, would have been required to be furnished to the Department; Complete performance of such part of the work as shall not have been terminated by the Department in compliance with alt contractual requirements; and 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.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipert is encouraged to utilizefirms business 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 use the state of Washington MWBE goa|s, as identified in WAC 326-30-041. Q. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall begoverned bv.the |aVvsofthe state ofVVashincdon.Venue ofany suit batmxaenthe parUeoarising out nfthis Agreement shall bethe Superior Court ofThurston County, Washington. The 8ubnecipient.by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 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-FY21 Page 21 of 36 City of Tukwila, E22-161 Attachment C 31EK8PG Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington ry Department Building 20 Camp Murray, WA 98430 5122 Re. Grant NnEMG-202'EP-00007 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2021 Emergency Management Performance Grants has been approved in the amount of $7,582,922.00. As a condition ofthis award, you are required to contribute a costmatch inthe amount of$7.582.922.00ofnon-Federal funds, or 50 percent of the total approved project costs of$15,105.B44.0O. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Award Letter) • Obligating Document (attached to this Award Letter) • FY 202Emergency Manment Performance Grants Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step1:P|ease|ogintotheNDGrantsoystemothttpo1/porto|.fema.gov. 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 link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review AwarPackage icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep alt of their information up to date in SAM, in partiou|ar, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used inSAM iothe same oneodt applyfor all FEMA awards. Future payments will benonUnQe�nnthe i�ormotionpmvidmd inthe SAM; the�is therefore, thattheinformainnisuorrect.TheGyotemfoxAwandMonagoment[n|ouo1edat http:// wv*v.oam.gpv. If you have any questions or have updated your information i n SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process. PATRICK GERARD MARCHAM DHS'FEMA,EMPE-FY21 Page 22 of 36 City ofTukwila, E22'161 • Agi-eeilie lit Articles Thu Oct 01 00:00:00 GMT 2020 GRANTEE: AGREEMENT NUMBER: Article Article II Article 111 Article IV Article Article VI Article V|l Article VIII Article IX Article X Article XI Article XI| Article XIII Article XIV Article XV Article XVI DHS-FEMA-EMPG-FY21 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants Washington Military Department Emergency Management Performance Grants EMG'2021'EP'00007'G01 TABLE OF CONTENTS Limited English Proficiency (Civil Rights Acof 1964, Title VI) Universal Identifier and System of Award Management i d Under theFederal Aw n1 Disposi�onn�EquipmentAoqum er na Americans with Disabilities Act of 1990 SAFECOM Prior Approval for Modification of Approved Budget Rehabilitation Act of 1973 National Environmental Policy Act Environmental Planning and Historic Preservation (EHP) Review Acknowledgement oT Federal Funding from DHS USA PATRIOT Act of 2001 Age Disorimination Act of 1975 Civil Rights Act of 1964 Title VI Notice of Funding Opportunity Requirements Trafficking Victims Protection Act of 2000 (TVPA) Non -Supplanting Requirement Page 23 of 36 City of Tukwila, E22-161 Article XVII Drug -Free Workplace Regulations Article XVIII Federal Leadership on Reducing Text Messaging while Driving Article XIX DI -IS Specific Acknowledgements and Assurances Article XX Best Practices for Co!Iection and Use of Personally Identifiable Information Article XXI Civil Rights Act of1BO8 Article )0(11 Debarment and Suspension Article XXIII Activities Conducted Abroad Article XXIV Energy Policy and Conservation Act Article XXV Procurement of Recovered Materials ArtioieXXV| Terrorist Financing Article XXVII Hotel and Motel Fire Safety Act of 1990 Article XXVIII Duplication of Benefits Artio|o)0(|X Fly America Act of1974 Article XXX Reporting of Matters Related to Recip ent Integrity and Performance Article XXXI Lobbying Prohibitions Artiu|e)00(|| Faise Claims Actand Program Fraud CivH Remedies Article >00(||| Federal Debt Status Artin|eX>0<|V Nondiscrimination in Matters Pertaining to Faith -Based Organizations Artio|eXX>V Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article X>00/| Copyright Article XXXVII Reporting Subawards and Executive Compensation Artic|eXXXV||| Use of DHS Seal, Logo and Flags DMS-FEMA,EMPG'FY21 Page 24 of 36 City of Tukwila, E22-161 Article XXXIX Article XL Article XLI Article XLII YVhioMablowerProtection Act Asouroncea, Administrative Requirements, Cost Phmciples, Representations and Certifications Acceptance of Post Award Changes Patents and Intellectual Property Rights Article 1 - Limited English Proficiency (Civil Rights Act of 1964,Title VI) Recipients must comply with TitIe VI of the CiviI RightsAct {�section 2OOOd 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: httpn:6/www.dho.gnv/guidonce-pub|isheU'he|p'department-suppnrted'organizationo'prov|de'meaningfu|'acoeoo'peop|e limited and additional resources on http://www.lep.gov. Article 11 - Universalal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 111 - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article IV - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article V - 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 V1'Prior Approval for Modification ofApproved Budget Before making anyoho to the FEMA approved budgefor this award, you must request prior written approvl from FEMA where required by2C.F.R.Section 2O0.3O8 FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direccost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or isctdtuexneedtenpercent (10%) of the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article Vil - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Actof 1973Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. section 794,) which provides that no otherwise qualified handicapped individuals in DHS'FEMA-EMPG-FY21 Page 25 of 36 City of Tukwila, E22-161 the United StatswiU.eo|elyUyreaeonof1hehondicap be excluded from partioipation in, be deniedthe benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article Vill - National EnvironmentalPolicy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190 (1970) (codifted as amended at 42 U.S.C. section 4321 ef seq.) and the Coundll on Environmenta Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authoh4,, and consistent with other essential considerations of national pn|icy, to create and maintain conditions under which people and nature can exist in productive harmony and fuIfiII the social, economic, and other needs of present and future generations 0! Americans. Article IX - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process.Thismviewdoeenotoddneoea||federa|.sta0e.ond|000|mqu|mmentu.Anneptonoaof federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https.//vvwvv.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must comp|etea||e|evardaeutionsofth|sformandsubnit itto the Grant Programs along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposedpn4eot; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, 1! applicable, and DHS/FEMA. Article X - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XI - USA PATRIOT Act of 200 Recipients must comply with requirements of Section 817ofthe Uniting and Strengthening America by Providing Appropriate Tools Required toIntercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18 U.S.C. sections 175-175c. Article XII - Age Discrimination Act of 1975 Recipients muscomplywiththerequiementaof the Age Discrimination Act nf1975,Pub. L.No. 94-135(1975)(codified sm amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federa 1 financial assistance. Article XIII - Civil Rights Act of 1964 - Title VI Recipients must complywxth the uirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section "u"°"""s=v.).which provides that 'operson ' the United States will, `'' the grounds — race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XIV - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity OF[0for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO DHS-FEMA-EMPG-FY21 Page 26 of 36 City of Tukwila, E22-161 Article XV - Traffucking Victims Protection Act of 2000 (TVPA) Reoipients must comply with the requirements of the vernment-wide financial assistance award term which implements Section 106(g) ofthe Trafficking Victims Protection Actof2O0n(TVPA),codified amamended at 22U.S.C.section 71O4.The award term is located at2C.F.R. section 175.15.the full text ofwhich is incorporated here by reference. Article XVI - Non -Supplanting Requiremen Recipients receiving federal financial assistance awards made undeprograms thaprohibit 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 XVII - Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requiSubpart C, if the recipient is an individual) of 2 C.F.R.Part 3O01.which adopts the Government -wide impementation (2 0. F. R. Part 182) of Sec.5152-5158 of the Drug -Free Workplace Act mr/&8O(41U.S.C.sections O1U1'O108). Article XVIII - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XIX - DHS Speciflc 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 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 Iaw or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluafion Too/ within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, toCivi|R|ghtxEva|uotion@hq.dha.gov.Th|ntuo| clarifies the civirights ligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients arnot required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline. Article XX - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the Pll they collect. DHS defines Pll as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance at http://www.dhs.gov/xlibrary/assets/ privacy/privacy_pia_guidance june2010.pdf and Privacy Template at https://www.dhs.gov/sites/default/files/publications/ privacY_pia template 2O17.pdfonuseful resources respectively. Article XXI - Civil Rights Act of 1968 DHS-FEMA-EMPG-FY21 Page 27 of 36 City of Tukwila, E22-161 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 CF.R. Part 100, The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features, (See 24 C.F.R. Part 100, Subpart D.) Article XXII - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.0.) 1254Sand 1288S.which are at2C.F.R. Part 18Oanadopted byDHS 'at2C.F.R. Part 3000. These regulations restric 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 XXIII - Activities Conducted Abroad Recipients musensure thaproject 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 XXIV - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975)(codified as amended ot42U.S.C.section O2O1 etseq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXV - Procurement of Recovered Materials States political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C, section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that containthe highest percentage of recovered materials practicab|e, consistent with maintaining a satisfactory level of competition. Article XXVI - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legaily responsible to ensure compliance with the Order and laws. Article XXVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 ofthe Hotef and MotelFire Safefy Actof 1990 15 U.S.C. section 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and coritrol guidelines of the Federal Fire Prevention and Control Act oy1974,(codified asamended at15U.G.C. section 2225.) Article XXVIII - Duplication 01' Benefits Any cosallocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXUX'Fly America Act nf1974 Recipients must comply with Preference for U.S. FIag 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 accordan� with the International Air Transportation Fair Competitive Practices Act oy/974.4gU.G.C.section 4O118.and DHS-FEMA-EMPG-FY21 Page 28 of 36 City of Tukwila, E22-161 the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-1 38942. Article XXX - Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXI - Lobbying Prohibitions Recipients rnust comply with 31 U.S.C. section 1352which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence,or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXXII - Faise Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements ofthe Faise Claims Act, 31 U.S.C. sections 3729 3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812, which detai?s the administrative remedies for faise claims and statements made.) Article XXXII! - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and othertaxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXXIV - 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 tobenofioiahee.Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXV - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified aoamended ot2OU.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 C.F.R. Part 17 and 44 C.F.R. Part 19. Article XXXVI - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknohedgemant of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XXXVII - Reporting Subavvards 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, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVIII - 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. DHS'FEMA'EMP{-FY21 Page 29 of 36 City of Tukwila, E22-161 Article XXXIX - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409 41 U.6Csection 4712,and 1DU.S.C.section 232441U.S.C.sections 43O4and 43MO. Article XL - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances Non -Construction F'rograms, or OMB Standard Form 4240 Assurances Construction Programs, as applicable. Certain assurances in these documents may notb |i b| to d thDHS financial assistance office (DHS FAQ) 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 Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. By accepting this agreement, the recipient anci its executives, as defined in 2 C.F.R. section 170.315, certify that the recipients policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article XLI - 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/GMDCall Center at(86O)827'5O40orvia e-mail to/8SK,ifyou have any questions. Article XLII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-DoIe Aof, 35 U.S.C. section 200 et seq, unless otherwise provided by Iaw. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. BUDGET COST CATEGORIES Personnel $4.066.819.00 Fringe Benefits $1.478.769.00 Travel $2.188.00 Equipment $0.00 Supplies $15.890.00 Contractual $8.247.406.00 Construction $0.00 Indirect Charges $854.272.00 Other $0.00 DHO'FEMf+EMPG'FY21 Page 30 of 36 City of Tukwila, E22-161 Obligating 1)t)ctlitt eitt for .,,k‘vard/Afiletidttletit la. AGREEMENT NO. 2. AlVIENDNIEI\TT NO. 3. 4. TYPE OF ACTION 5. CONTROL NO. EMS -2021 -EP -00007-S01 *** RECIPIENT AWARD FY2021R1OEMPG NO. 916001095G 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE 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 10/01/2020 ADDRESS FEMA -GPD 400 C Street, SW, 3rd floor Washington, DC 20472-3645 POC: 866-927-5646 PHONE NO. 2535127456 12. 8. PAYMENT OFFICE FEMA Finance Center 430 Market Street Winchester, VA 22603 ADDRESS 10. NA1vIE OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 Email: Askcsid@dhs.gov 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD METHOD Cost Reimbursement OF PAYMENT PARS 1 5. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA NAME (ACCS CODE) ACRONYM XXXX-XX-)=00(- xiNaxx-)oocx-xd,o,a-x Emergency Management Performance Grants $0.00 57,582,922.00 57,582,922.1)0 $7,582,922:00 b. To 'describe changes other than funding data or financial changes, attach schedule and checi here. 97.042 From: 10/01/2020 Budget Period 10/01/2020 To: 09/30/2023 09/30/2023 PRIOR AMOUNT CURRENT CUMULATIVE NON - TOTAL AWARDED TOTAL FEDERAL COMMITMENT AWARD THIS AWARD ACTION + OR (-) 2021-FA-GA01-R107- -4120-D S0.00 $7,582,922.0O S7,582,922 00 See Totais N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (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 PROGRAMS: RECIPIENT IS NOT REQLTIRED TO SIGN This assistance is subject to terns and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Tirzah Kincheloe, Mrs 18. FEMA SIGNATORY OFFICIAL (Name and Title) THERESA MUSCAT BARA , Program Manager DHS -FEMA -EM PG-FY21 DATE Wed Sep 08 18:30:53 GMT 2021 DATE Mon Aug 30 15:36:26 GMT 2021 Page 31 of 36 City of Tukwila, E22-161 Attachment D WORK PLAN FY 2021 Emergency Management Performance Grant 1 gency Management Organization: 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, plan, train, exercise, 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 EMPG grant and local funds). r `t1 ti 4P io y a 4.2 Hazard Mitigation Primary Core Capability Community Resilience Secondary Core Capability Cybersecurity Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Installation of two Uninterruptable Power Supply (UPS) units at the Tukwila Justice Center/EOC. This project entails the purchase of the UPS and the plugging it into an outlet. This project does not meet criteria for an EHP, The EOC is located in the Tukwila Justice Center, a new facility. The Justice Center houses Police, Courts, and Emergency Management/EOC. This is a brand-new facility. An adequate UPS system was not included as part of the original build. The EOC, Courts and Police are at risk for loss of power with no redundant system. Maintaining an activation ready EOC is specified in the City's CEMP. Lack of a stable power supply is a gap in this capability. Installation of a UPS system will ensure that the building will be able to continue to function during a power outage without loss of data or functionality. P o y A ea 2 Primary Core Capability 4.11 E ergency Public Information and Education Community Resilience Secondary Core Capability Long-term Vulnerability Reduction Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 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. Building a stronger public education and outreach program is a priority for the City Council and is a part of the strategic plan. Preparedness information will be shared in the forms of experiences, handouts, and interaction to better educate our residents, business owners and visitors, improving residents' preparedness for response to emergencies making for a better prepared community. DHS-FEMA-EMPG-FY21 Page 32 of 36 City of Tukwila, E22-161 2 1 Purchases supplies necessary to build emergency kits. Emergency kits will be provided to Tukwila's Iow-income residents and suddenly displaced individuals that would otherwise struggle to purchase and build a kit. '--' - 17.2% (3.44K of 20K) of Tukwila's population lives below the national poverty line (well above the national average of 12.3%). In addition, 74.7% of kids attending school in Tukwila School District are receiving free and reduced meals. 37.8% of all district students are English LanguaLearners. By having preparednessthe will able provide them to resid U |a tobuN a kit residents who aresuddenly displaced due to an emergency/disaster, -.' , flooding,etc. Building a stronger public education, outreach program the Council a part of the strategic plan. Pre -made disaster kits would reduce the City's long-term vulnerability by having more prepared residents. Especially residents who are typically disproportionately impacted by disasters. Primary Core Capability 4.BFacilities ommunity ResSecondary Core Capability Long-term Vulnerabilit Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT The Tukwila Justice Center, which houses the EOhas afull-service kitchen that could beusedtnfeed EOC stff during an extnded activation. While the kitccuhen `—^ ntfor y . � daily use, the equipment is not to and scale needed to feed a number of people at once. the City would purchase feeding equipment such as,large stockpots, chaffing dishes,disposable tins, serving supplies,etc. to be used ONLY during anextended operational period inwhich leaving the facility or havingfood delivered is not an option. During an extended EOC activation,will staff will need to be fed. Currently outfitted itkitchen ware. is part of the City's CEMP. Havingsize equipment on hand to prepare andlarge feed 20-30 personnel is necessary inTherefore, order to meet plan requirements.mass ble tosupport the staff during 'aprolonged activation. DHS'FEMA'EMPG-FY21 Page 33 of 36 City of Tukwila, E22-161 1 Priority Area #4 4.4 OperationalRmnniand Procedures Core Capability CPrimary ommunity Resilience Secondary Core Capability Access Control and dentityVerificationBuild or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT Purchase ICS vests for position identification when working in the EOC. The back-up EOC currently lacks the proper 1CS vests for position identification. During rmost events in EOC wouid have which the back-up EOC to be used, there wouid be no time to grab main EOC materiais to transport them across the city. Therefore, the back-up EOC must have its own materiais (such as ICS vests). Mai a is specified in the City's CEMP. Each person respond,vm to the EOC wili have a position -specific ICS to heip identify each other's roie in the operationand support efficient and timely communications with the correct persons. DHS'FEMA_EMP6-FY21 Page 34 of 36 City of Tukwila, E22-161 Attachment E TIMELINE FY 2021 Emergency Management Performance Grant DATE TASK June 1, 2021 Grant Agreement Start Date April 30, 2022 Submit reimbursement request July 31, 2022 Submit reimbursement request September 30, 2022 Grant Agreement End Date November 15.2U22 Submit final reimbursement roqueot, final requirement repori, and/or other deliverabies. report. training The Subi kant must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. DHS-FEMA+EMPG-`Y21 Page 35 of 36 City of Tukwila, E22-161 Attachment F BUDGET FY 2021 Emergency Management Performance Grant SOLUTION AREA 21EMPG AWARD BUDGET CATEGORY Personnel & Fringe Benefits (.9 z Travel/Per Diem Supplies 5 Consultants/Contracts a Other Subtotal $ Personnel & Fringe Benefits Travel/Per Diem Supplies Consultants/Contracts Other Subtotal $ $ 11,628.00 EMPG AMOUNT ORGANIZATION Personnel & Fringe Benefits 1-1-1 Travel/Per Diem Supplies 1-1-1 Cons u I ta nts/Contra cts X W Other Subtotal MATCH AMOUNT 1,228 1,228 $ - $ 7,400 I $ 11,628 $ $ 7,400 $ $ $ 11,628 Personnel & Fringe Benefits $ 2 Travel/Per Diem $ E Supplies $ Consultants/Contracts $ 1— Other $ $ - $ 3,000 Subtotal $ 3,000 $ 0. 5 Equipment E, $ Subtotal $ Personnel & Fringe Benefits Travel/Per Diem Supplies 2 Consultants/Contracts Other Subtotal $ Indirect Indirect Cost Rate on file TOTAL Grant Agreement AMOUNT: $ 0.00% for Time Period of: N/A 1,628 $ 11,628 The Subrecipient will provide a match of $11,628 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). Cumulative transfers to budget categories in excess of ten percent (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# 713PT — EMPG DHS-FEMA-EMPG-FY21 Page 36 of 36 City of Tukwila, E22-161 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 City of Tukwila DATE SUBMITTED 12/7/2021 PROJECT DESCRIPTION Emergency Management CONTRACT NUMBER E22-161 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE AIIan Ekberg Mayor �,. , Rachel Bianchi Deputy City Administrator 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE AIIan Ekberg Mayor �,. , Rachel Bianchi Deputy City Administrator 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Mindi Mattson Emergency Manager MAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03