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HomeMy WebLinkAboutTIS 2023-10-16 Item 2B - Grant Acceptance - FEMA Cooperating Technical Partners Program Grant for Landslide Risk Assessment and Management Phase 1City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director BY: Catrien de Boer, Public Works Analyst CC: Mayor Ekberg DATE: October 16t", 2023 SUBJECT: Landslide Risk Assessment and Management Phase I FEMA FY 2023 Cooperating Technical Partners Grant Award Acceptance ISSUE Accept a Federal Emergency Management Agency (FEMA) Cooperating Technical Partners (CTP) program grant award for $150,000 to fund Landslide Risk Assessment and Management Phase I. BACKGROUND In June 2023, Staff applied to the CTP program to fund a landslide analysis for the City of Tukwila. The CTP program supports efforts to strengthen national preparedness and resilience, one of the main goals of the U.S. Department of Homeland Security (DHS) Strategic Plan. The program funds projects that identify risks, reduce losses, and promote community resilience. DISCUSSION The City of Tukwila was notified on September 27th, 2023 that we received the full grant award for $150,000. This project will build upon the state and county landslide information to identify landslide hazards and provide an understanding of comprehensive risks within the City of Tukwila, with the goals of reducing property damage and life loss from landslides. The City plans to hire a consultant to complete this work. All information will be compiled in a GIS layer and will be included in a report summarizing findings, recommendations, and areas requiring further study and field work to be completed in Phase II. Staff will seek future grant opportunities to fund Phase II. FINANCIAL IMPACT The City has been awarded $150,000 from the CTP program. No match is required. Cost Estimate CTP Grant Award $150,000 Total $150,000 RECOMMENDATION Council is being asked to accept a FEMA Cooperating Technical Partners (CTP) program grant award for the Landslide Risk Assessment and Management Phase I in the amount of $150,000 and consider this item on the Consent Agenda at the October 23rd, Special Council Meeting. Attachment: FEMA CTP Grant Award Letter 17 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 09/27/2023 FEMA Bao Trinh CITY OF TUKWILA 6200 SOUTHCENTER BLVD TUKWILA, WA 98188 EMS-2023-CA-05008 Dear Bao Trinh, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year 2023 Cooperating Technical Partners (CTP) Program- Regional, has been approved in the amount of $150,000.00 in Federal funding. This award of federal assistance is executed as a Cooperative Agreement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Award Summary - included in this document • Agreement Articles - included in this document • Obligating Document - included in this document • FY23 Notice of Funding Opportunity (by reference); Scopes of Work/Mapping Activity Statement Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, L lAta 18 Patrick Marcham Grant Programs Division Director 19 Award Summary Program: Fiscal Year 2023 Cooperating Technical Partners Recipient: CITY OF TUKWILA UEI-EFT: UEQNMC26C8T3 DUNS number: 010207504 Award number: EMS-2023-CA-05008 Summary description of award The Cooperating Technical Partners (CTP) Program exists to strengthen and enhance the effectiveness of the National Flood Insurance Program (NFIP). The CTP Program supports efforts to Strengthen National Preparedness and Resilience, one of the main goals of the DHS 2020-2024 DHS Strategic Plan. Additionally, the program supports the National Mitigation Investment Strategy, a supporting document to Presidential Policy Directive (PPD-8) on National Preparedness and Strategic Goal One and Two of FEMA's Strategic Plan, Building a Culture of Preparedness and Readying the Nation for Catastrophic Disaster. It helps achieve these goals by fostering strong federal, state, tribal, regional and local partnerships to identify flood risks, reduce flood losses and promote community resiliency. The objectives of the CTP Program are to primarily support the mission and objectives of the NFIP's Flood Hazard Mapping Program through FEMA's flood hazard identification and risk assessment programs, including the Risk Mapping, Assessment and Planning (Risk MAP) initiative. The vision for Risk MAP is to deliver quality data that increases public awareness of flood hazard risk and leads to action that reduces flood risk to life and property. The CTP supports Risk MAP to develop flood hazard data and maps for communities that have never had identified risks as well as building on effective flood hazard data and flood insurance rate maps (FIRMS); increase public awareness of risk and potential mitigation options to reduce risk and better inform mitigation planning. Additional information about Risk MAP (including goals, strategies, progress and success stories), can be found on FEMA's website at Risk Mapping, Assessment and Planning (Risk MAP) 1 FEMA.gov. For additional information on the CTP Program, please visit the CTP Program website located at Cooperating Technical Partners Program FEMA.gov. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): 20 Object Class Total Personnel $14,834.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $135,166.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $150,000.00 Non-federal $0.00 Total $150,000.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 CA NOFO. Approved request details: Project 21 Contractual DESCRIPTION Engage a consultant to compile landslide data. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1 $135,166.00 $135,166.00 Contractual Personnel DESCRIPTION Grant administration and project management by City staff. Cost 1 QUANTITY UNIT PRICE TOTAL BUDGET CLASS 1 $14,834.00 $14,834.00 Personnel CHANGE FROM APPLICATION Unit price from $14,833.57 to $14,834.00 JUSTIFICATION Rounded up to eliminate pennies Of the total Federal funds, $150000.00 has been placed on hold. See the following terms in the Agreement Articles for more details: Article number Title Payment hold Article 52 Funding Hold: Additional Information Required $150000.00 22 Agreement Articles Program: Fiscal Year 2023 Cooperating Technical Partners Recipient: CITY OF TUKWILA UEI-EFT: UEQNMC26C8T3 DUNS number: 010207504 Award number: EMS-2023-CA-05008 Table of contents 23 ArticleAssurances, Administrative Requirements, Cost Principles, Representations and 1 Certifications ArticleGeneral Acknowledgements and Assurances 2 ArticleAcknowledgement of Federal Funding from DHS 3 ArticleActivities Conducted Abroad 4 ArticleAge Discrimination Act of 1975 5 ArticleAmericans with Disabilities Act of 1990 6 ArticleBest Practices for Collection and Use of Personally Identifiable Information 7 ArticleCivil Rights Act of 1964 — Title VI 8 ArticleCivil Rights Act of 1968 9 ArticleCopyright 10 ArticleDebarment and Suspension 11 ArticleDrug-Free Workplace Regulations 12 ArticleDuplication of Benefits 13 ArticleEducation Amendments of 1972 (Equal Opportunity in Education Act) — Title IX 14 ArticleE.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice 15 Practices to Enhance Public Trust and Public Safety ArticleEnergy Policy and Conservation Act 16 ArticleFalse Claims Act and Program Fraud Civil Remedies 17 ArticleFederal Debt Status 18 ArticleFederal Leadership on Reducing Text Messaging while Driving 19 ArticleFly America Act of 1974 20 ArticleHotel and Motel Fire Safety Act of 1990 21 ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019 22 ArticleLimited English Proficiency (Civil Rights Act of 1964, Title VI) 23 ArticleLobbying Prohibitions 24 ArticleNational Environmental Policy Act 25 24 ArticleNondiscrimination in Matters Pertaining to Faith -Based Organizations 26 ArticleNon-Supplanting Requirement 27 ArticleNotice of Funding Opportunity Requirements 28 ArticlePatents and Intellectual Property Rights 29 ArticleProcurement of Recovered Materials 30 ArticleRehabilitation Act of 1973 31 ArticleReporting of Matters Related to Recipient Integrity and Performance 32 ArticleReporting Subawards and Executive Compensation 33 ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction 34 Materials ArticleSAFECOM 35 ArticleTerrorist Financing 36 ArticleTrafficking Victims Protection Act of 2000 (TVPA) 37 ArticleUniversal Identifier and System of Award Management 38 Article USA PATRIOT Act of 2001 39 ArticleUse of DHS Seal, Logo and Flags 40 ArticleWhistleblower Protection Act 41 ArticleEnvironmental Planning and Historic Preservation (EHP) Review 42 ArticleApplicability of DHS Standard Terms and Conditions to Tribes 43 ArticleAcceptance of Post Award Changes 44 ArticleDisposition of Equipment Acquired Under the Federal Award 45 ArticlePrior Approval for Modification of Approved Budget 46 Articlelndirect Cost Rate 47 ArticlePerformance Measure Requirements 48 ArticleData Entry in the Mapping Information Platform (MIP) 49 ArticleQuality Assurance and Control 50 25 ArticleExceptions to tasks not able to be conducted or tracked in the MIP 51 ArticleFunding Hold: Additional Information Required 52 ArticleAttachments incorporated into the grant agreement (Financial) 53 ArticleProcurement Compliance 54 26 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non - Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. 27 Article 2 Article 3 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security. 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. Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 28 Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) 29 Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Article 13 Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions 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. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. 30 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 E.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) 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. Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 31 Article 21 Article 22 Article 23 Article 24 Article 25 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported -organizations -provide -meaningful -access -people - limited and additional resources on http://www.lep.gov. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans 32 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 33 Article 32 Article 33 Article 34 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients must comply with the "Build America, Buy America" provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the 34 application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure 1 FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the "Build America, Buy America" provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process. Article 35 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 36 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. 35 Article 39 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Article 40 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 41 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. 36 Article 43 Article 44 Article 45 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub -recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at (866) 927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions. Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state sub -recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub -recipients must follow the disposition requirements in accordance with state laws and procedures. 37 Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. 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 direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 47 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 48 Performance Measure Requirements The CTP program supports the mission and objectives of the NFIP's Flood Hazard Mapping Program through FEMA's flood hazard identification and risk assessment programs, including the Risk Mapping, Assessment and Planning (Risk MAP) initiative. The vision for Risk MAP is to deliver quality data that increases public awareness of flood hazard risk and leads to action that reduces flood risk to life and property. The CTP supports Risk MAP by developing flood hazard data and maps for communities that have never had identified risks as well as building on effective flood hazard data and flood insurance rate maps (FIRMS); increasing public awareness of risk and supporting potential mitigation options to reduce risk and better inform mitigation planning. The recipient will identify performance measures based on Appendix D: Performance Measure References of the NOFO. FEMA measures the recipient's performance of the cooperative agreement by comparing the input of federal resources used to develop and deliver the Allowable Activities selected for implementation by the recipient, and the specific outcomes and performance measures detailed in the recipient's scopes of work based on the NOFO (as set forth in this agreement). This ensures that grants recipients deliver on the timeliness, adherence to standards, fiscal responsibility and quality issues associated with projects. 38 Article 49 Data Entry in the Mapping Information Platform (MIP) Recipients must meet certain performance progress standards based on the anticipated and actual cost and schedule of a particular project, as documented in the Mapping Activity Statement (MAS) and/or Scope of Work (SOW). The MIP was developed in part to track the earned value of mapping projects, which represents one of the performance standards (outlined in Section F: Federal Award Administration Information of this FY 2022 CTP NOFO) to which a recipient must adhere. This information is automatically calculated by the MIP, using the actual cost and schedule of work performed, or "actuals", and comparing them to the expected cost and schedule of work performed, or "baseline." In order to receive access to the MIP and other Risk Analysis Management Systems, the CTP must have an executed active Information Sharing Access Agreement (ISAA). Once FEMA has issued a cooperative agreement, the baseline for the project will be established in the MIP using the cost and schedule information for each task as agreed upon by FEMA and the recipient. The MIP study workflow generally allows a mapping partner to enter data on the status of these projects at a task level. The cost and schedule information, updated monthly by the recipient for each task, is compared to the baseline established for those tasks. This information is rolled up on a project level basis and monitored by FEMA to assess progress and earned value. The Cost Performance Index (CPI) and the Schedule Performance Index (SPI) in MIP will be used to monitor a recipient's earned value performance and to determine future funding eligibility. Recipients must adhere to the performance requirements by maintaining a 0.92 score for both CPI and SPI. The recipient is required to report on the earned value of projects that are in the MIP on a monthly basis and must give explanations for variances outside of the tolerance defined above. FEMA Regional Offices must implement a Corrective Action Plan (CAP) when a CTP partner is outside of the tolerance for reasons other than third -party delay. A CAP must define the reason for the variance and the intended resolution. FEMA Regional Offices must coordinate with FEMA Headquarters when CAPs are developed. 39 Article 50 Quality Assurance and Control Recipients will coordinate with FEMA to maintain quality assurance and control of deliverables and ensure accountability for appropriate use of CTP Program funds. Recipients are required to develop and provide a quality assurance and control management plan or other performance documentation as described and agreed to in the MAS and/or SOW. All work must meet the requirements as defined by FEMA's Standards for Flood Risk Analysis and Mapping, Revision 13, dated January 2023 located on FEMA's website at https://www.fema.gov/flood-maps/guidance-reports/guidelines- standards/standards-flood-risk-analysis-and-mapping-public-review. Additional information, along with links to guidance documents, technical references, templates, and other resources that support these standards, may be found on the FEMA Guidelines and Standards website at https://www.fema.gov/guidelines-and-standards-flood-risk-analysis-and- mapping, and are also provided and updated through FEMA's Knowledge Sharing Site (https://rmd.msc.fema.gov/kss/SitePages/Home.aspx). FEMA is in the process of updating existing guidance. In the meantime, recipients may refer to historical documents for assistance. Additionally, recipients and their sub recipients must comply with all applicable federal regulations, including Title 2 Code of Federal Regulations Part 200. Recipients shall also coordinate with their Regional Office to determine additional standards that should be met. To ensure compliance with quality standards and performance metrics, FEMA may require the recipient to use the reimbursement method of payment. Where FEMA determines it necessary to do so, payments will be placed on hold in PARS until progress reports are current and FEMA has confirmed deliverables comply with National Quality Standards. 40 Article 51 Exceptions to tasks not able to be conducted or tracked in the MIP a) Letter of Map Revision Review Cost information is not available within the MIP for activities within the Revisions workflow for processing Letter of Map Revision (LOMR) requests under the LOMR Review MAS. However, schedule information in the form of reports showing case status and other performance requirements is available through the MIP. For partners participating in the LOMR Review activity, status reports must be submitted on a monthly basis, at a minimum. Cost and schedule performance measures must be defined and reported on a quarterly basis. LOMR Review recipients should coordinate with the FEMA Regional and HQ Project Officer to develop appropriate performance measures which will be used to monitor partner performance and determine future funding eligibility are identified in the MAS/SOW. b) Program Management As program management tasks may not be tracked with earned value calculations in the MIP, cost and schedule performance measures must be defined and documented in the SOW. These measures must be reported quarterly and will be used to monitor the recipient's performance and to determine future funding eligibility. At such time as program management tasks are added to the MIP, the recipient will need to begin tracking the tasks within the MIP. c) Special Projects As special projects are not conducted in the MIP, cost, and schedule performance measures must be defined and documented in the SOW or MAS. These measures must be reported quarterly and will be used to monitor the recipient's performance and to determine future funding eligibility. Article 52 Funding Hold: Additional Information Required FEMA has placed a funding hold on this award, and $150,000.00 is on hold in the FEMA financial systems. Until the hold is released, the recipient obligating, expending, or drawing down the federal funds identified in this Article. To release this hold, additional information is required for the project/investment identified below. Please contact the relevant Preparedness Officer or Grants Management Specialist to receive further guidance on the steps required to release this hold. • Project/Investment # EMS-2023-CA-05008 - Project Landslide and Steep Slopes Assessment : $150,000.00, This hold will remain in effect until the recipient submits the Accounting System and Financial Capability Pre -Award Assessment Review form (Capability Questionnaire) and the assigned Grants Management Specialist reviews and approves it in compliance with 2 CFR 200.206.. If you believe this funding hold was placed in error, please contact the relevant Preparedness Officer or Grants Management Specialist. Article 53 Attachments incorporated into the grant agreement (Financial) The FEMA NEPA Programmatic and Categorical Exclusion is incorporated into the binding agreement creating this cooperative agreement and award of Federal funds. 41 Article 54 Procurement Compliance All FEMA grant programs are subject to the federal procurement rules found at 2 C.F.R. §§ 200.317 - 200.327, including the following: 2 C.F.R. §200.318(c) (1). The non -Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. Non-federal entities must maintain written standards outlining the procurement requirements. 2 C.F.R. § 200.319(b). To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft design plans and specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements. A FEMA Fact Sheet has been developed for Non -State Entities, Purchasing Under a FEMA Award: Common Mistakes to Avoid by Non -State Entities, and State Entities, Purchasing Under a FEMA Award: State Entities. All Non -State Entities must comply with 2 C.F.R. §§ 200.318-200.327. All State Entities must comply with 2 C.F.R. §§ 200.317, 200.321, 200.322, 200.323, and 200.327. In the case of noncompliance with the federal procurement rules, FEMA may apply a remedy, as appropriate, in accordance with its authorities found at 2 C.F.R. § 200.339 Remedies for Noncompliance. 42 Obligating document 1. Agreement No. EMS-2023-CA- 05008 2. Amendment No. N/A 3. Recipient No. 916001519 4. Type Action AWARD of 5. Control No. SX00390N2023T- 001 1 6. Recipient Name and Address CITY OF TUKWILA 6200 SOUTHCENTER BLVD TUKWILA, WA 98188 7. Issuing FEMA Office and Address FEMA Region X 130 228th Street, S.W. Bothell, Washington 98021- 9796 425-487-4600 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Bao Trinh 9a. Phone No. 2064547572 L 10. Name of FEMA Project Coordinator Cooperating Technical Partners Grant Program 10a. Phone No. 1-877-585- 3242 11. Effective Date of This Action 09/27/2023 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 09/27/2023 to 10/26/2025 Budget Period 09/27/2023 to 10/26/2025 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listing No. Accounting Data (ACCS Code) Prior Total Award Amount Awarded ThiActionTotal + ors (-) Current Award $150,000.00 Cumulative Non -Federal Commitment CTP 97.045 2023-FX- GL05 - R102-xxxx- 4101-D $0.00 $150,000.00 See Totals Totals $0.00 $150,000.00 $150,000.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 1r_.FOR NON DISA TER PROGRnMSRECIPTE1 REQ TIRED TO SIGN AND RETURN THREE COPIES OF THIS DOCUMENT TO FEMA Block 7 for (3) (Scc address) This field is not applicable for digitally signed grant agreements 43 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) Patrick Marcham, Grant Programs Division Director DATE 09/27/2023 44