HomeMy WebLinkAboutTIS 2023-12-04 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Services
Committee
❖ Tosh Sharp, Chair
❖ Kate Kruller
Mohamed Abdi
•
AGENDA
Distribution:
K. Kruller
C. Hougardy
T. Sharp
H. Ponnekanti
S. Kim (email)
G. Lerner (email)
City Attorney (email)
Clerk File Copy
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to A. Le, C. O'Flaherty, A.
Youn
Email cover to: F. Ayala,
A. Le, C. O'Flaherty, A.
Youn, L. Humphrey
MONDAY, DECEMBER 4, 2023 — 5:30 PM
HYBRID MEETING — ONSITE AND VIRTUAL
DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLR
MS Teams: Click here to join the meeting
Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 439818817#
Item
Recommended Action
Page
1.
PRESENTATIONS
2.
BUSINESS AGENDA
a) Authorize the Mayor to receive a grant from
a)
Forward to the 12/11/2023 Special
Pg. 1
Department of Homeland Security (J. Bush)
Consent Agenda
b) Ecology Ramp Litter Cleanup Program Grant
b)
Forward to the 12/11/2023 Special
Pg. 43
Acceptance (C. Minion)
Consent Agenda
c) Green River Trail Connector - Contract Award to
c)
Forward to the 12/11/2023 Special
Pg. 65
Active Construction, Inc. (C. Knighton)
Consent Agenda
d) West Valley Highway (1-405 — Strander Boulevard)
d)
Forward to the 12/11/2023 Special
Pg. 69
Supplemental Agreement No. 4 (C. Knighton)
Consent Agenda
e) Neighborhood Traffic Calming Program
e)
Information only
Pg. 73
Year End Report (C. Knighton)
3.
MISCELLANEOUS
Next Scheduled Meeting: In January 2024, once TIC schedule is determined.
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Joel Bush, Chief Technology Officer
BY: Eric Compton, Franchise Analyst
CC: Mayor Ekberg
DATE: 28 November 2023
SUBJECT: Authorize the Mayor to receive a grant from Department of Homeland
Security
ISSUE
Technology and Innovation services applied to and received grant funding in the amount of
$81,695 from the Department of Homeland Security to enhance our security controls,
development a Cyber Incident Response Plan, and business continuity planning. TIS is
requesting the Council to authorize the mayor to sign and receive the grant funds from the
State.
BACKGROUND
TIS has been augmenting our security posture to align to industry best practice. The grant
funds will enable TIS to implement City-wide multi -factor authentication. Additionally, the funds
will be used to formalize a Business Continuity and Cyber Incident Response Plan.
DISCUSSION
The impact of the project will be the development of a Business Continuity Plan and Cyber
Incident Response Plan. Through the development of the plan, the City will have an
understanding of potential gaps in both Disaster Recovery planning and in our security program;
and will be able to make informed decisions about augmenting our risk posture. City-wide Multi -
Factor Authentication will be deployed and bring an immediate positive impact on the security of
our systems/data.
FINANCIAL IMPACT
There are no matching funds required for this grant. The only indirect costs would be staff time
in participating in business continuity planning discussions and implementing/managing the
Multi -Factor Authentication tokens.
RECOMMENDATION
The Council is being asked to approve the proposal and forward to the Consent Agenda of the
December 11, 2023 Special meeting.
ATTACHMENTS
Grant Program Agreement.pdf
Form — Signature Authorization.pdf
Form — Debarment Certification.pdf
1
Washington Military Department
STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
2. Grant Agreement Amount:
$81,695
3. Grant Agreement Number:
E24-202
4. Subrecipient Contact, phone/email:
Joel Bush, 206-919-5943
Joel.Bush@TukwilaWA.gov
5. Grant Agreement Start Date:
December 1, 2022
6. Grant Agreement End Date:
February 28, 2025
7. Department Contact, phone/email:
Deborah Henderson, 253-512-7470
deborah.henderson@mil.wa.gov
8. Unique Entity Identifier (UEI):
UEQNMC26C8T3
9. UBI # (state revenue):
179-000-208
10. Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMW-2022-CY-00017
12. Federal Award Date:
12/21/2022
13. Assistance Listings # & Title:
97.137 — 22SLCGP
14. Total Federal Award Amount:
$3,666,530
15 Program Index # & OBJ/SUB-OBJ:
725C3 (State), 725C4 (Local -Rural), 725C5 (Local -Not Rural) / NZ
16. EIN
91-6001519
17. Service Districts:
BY LEGISLATIVE DISTRICTS: 11
BY CONGRESSIONAL DISTRICTS: 9
18. Service Area by County(ies):
King
19. Women/Minority-Owned, State
Certified: ❑x N/A ❑ NO
❑ YES, OMWBE #
20. Agreement Classification
❑ Personal Services ❑ Client Services ❑x Public/Local Gov't
❑ Research/Development ❑ NE ❑ Other
21. Contract Type (check all that apply):
❑ Contract ❑x Grant ❑x Agreement
❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process:
N "To all who apply & qualify" ❑ Competitive Bidding
❑ Sole Source ❑ NE RCW ❑ N/A
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO
23. Subrecipient Type (check all that apply)
❑ Private Organization/Individual ❑ For -Profit
N Public Organization/Jurisdiction ❑ Non -Profit
❑ CONTRACTOR N SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The goal of the Federal Fiscal Year (FFY) 2022 State and Local Cybersecurity Grant Program (22SLCGP) is to assist state, local, and territorial
(SLT) governments with managing and reducing systemic cyber risk. security. Strengthening cybersecurity practices and resilience of SLT
governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure
Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity
investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services.
The Department is the Recipient and Pass -through Entity of the 22SSLCGP DHS Award Letter for Grant No. EMW-2022-CY-00017 ("Grant"),
which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, 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); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E),
Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed
upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature
Regan Anne Hesse, Chief Financial Officer
Washington Military Department
BOILERPLATE APPROVED TO FORM:
Alex Staub 10/25/2023
Assistant Attorney General
Date Signature Date
Thomas McLeodAllan Ekberg, Mayor
City of Tukwila
APPROVED AS TO FORM (if applicable):
Signature Date
DHS-FEMA-SLCGP-FY22
Page 1 of 36
2
City of Tukwila, E24-202
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
Joel Bush
Name
Deborah Henderson
Title
Chief Technology Officer
Title
Program Coordinator
Email
Joel.Bush@TukwilaWA.gov
Email
deborah.henderson@mil.wa.gov
Phone
206-919-5943
Phone
253-512-7470
Name
Eric Compton
Name
Sierra Wardell
Title
Franchise Analyst
Title
Financial Operations Section Manager
Email
Eric.Compton@TukwilaWA.gov
Email
sierra.wardell@mil.wa.gov
Phone
206-454-7574 / 206-396-2767
Phone
253-512-7121
Name
Name
Grant Miller
Title
Title
Program Assistant
Email
Email
grant.miller@mil.wa.gov
Phone
Phone
253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22SLCGP, including, but not limited to, all criteria, restrictions, and requirements
of "The Department of Homeland Security Notice of Funding Opportunity Fiscal Year 2022 State and Local
Cybersecurity Grant Program" (hereafter "the NOFO") document, the DHS Award Letter for the Grant, and the
federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case -by -case determination whether each agreement it makes for
the disbursement of 22SLCGP 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 also becomes a pass -through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case -by -case determination whether each
agreement it makes for the disbursement of 22SLCGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i. The Subrecipient must comply with all federal laws and regulations applicable to pass -
through entities of 22SLCGP funds, including, but not limited to, those contained in 2 CFR
200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 22SLCGP Program, including, but not limited to, all criteria, restrictions, and
DHS-FEMA-SLCGP-FY22
3
Page 2 of 36 City of Tukwila, E24-202
requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 22SLCGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, 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.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, 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 VII 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 minimis 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 policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior 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
Reimbursementsmil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
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 federal, state,
and local auditors.
g•
The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, 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 regulations, requirements, 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
DHS-FEMA-SLCGP-FY22
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Page 3 of 36 City of Tukwila, E24-202
j•
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 the time period notated
in the Timeline (Attachment F), 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 subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, 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 (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports 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 all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers among
solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of
the Grant Agreement Amount. Any changes to solution area 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 the
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 sought, relate to the Work Plan (Attachments 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 (in the format provided by the Department) describing all completed
activities under this Agreement.
c. 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 Subrecipient, 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.
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 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient's inventory system.
5
DHS-FEMA-SLCGP-FY22
Page 4 of 36 City of Tukwila, E24-202
iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer's serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D. Assistance Listings Number (Face Sheet, Box 13);
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 equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well -maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department'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 established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B. For Equipment:
1) Items with a current per -unit fair -market value of five thousand dollars ($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 five thousand dollars
($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).
DHS-FEMA-SLCGP-FY22
6
Page 5 of 36 City of Tukwila, E24-202
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be provided
unless the appropriate approval has been received.
c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
d. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
e. 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:
i. Procure or obtain any equipment, 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;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, 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
iii. 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 (2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix 11 to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, 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);
iii. Telecommunications 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 Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
f. 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 of federal award funds under this Agreement. 7
DHS-FEMA-SLCGP-FY22
Page 6 of 36 City of Tukwila, E24-202
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://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
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 must be 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 may not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2CFR200.1, the
Subrecipient must notify the Department. The Department may request pre -procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
b. For all sole source contracts expected to exceed the micro -purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award..
7. SUBRECIPIENT MONITORING
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 subrecipients receiving federal pass -
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, 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. Reporting
requirements are referenced in section 3.c.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign -in sheets, meeting minutes), e-
mails, and correspondence;
DHS-FEMA-SLCGP-FY22 Page 7 of 36
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City of Tukwila, E24-202
iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement -related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On -site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass -through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
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 services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.qov/quidance-published-
help-department-supported-organizations-provide-meaninqful-access-people-limited and additional
resources on https://www.lep.gov.
B. SLCGP SPECIFIC REQUIREMENTS
1 The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan
(Attachments D) and the Subrecipient's approved application for funding incorporated into this
Agreement.
2. Subrecipients are required to complete the Nationwide Cybersecurity Review (NCSR)
https://www.cisecurity.orq/ms-isac/services/ncsr, a free, anonymous, annual self -assessment
designed to measure gaps and capabilities of a SLT's cybersecurity programs by December 1, 2023,
to benchmark and measure progress of improvement in their cybersecurity posture. Completion
should continue annually per the Timeline (Attachment F). For more information, visit Nationwide
Cybersecurity Review (NCSR) (cisecurity.orq).
3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability
scanning and web application scanning. To register for these services, email
vulnerability@cisa.dhs.gov with the subject line "Requesting Cyber Hygiene Services — SLCGP" to
get started. Indicate in the body of your email that you are requesting this service as part of the
SLCGP. For more information, visit CISA's Cyber Hygiene Information Page.
4. Subrecipients may retain a maximum of up to five percent of the Grant agreement Amount for
management and administration (M&A) activities, directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring.
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C. DHS TERMS AND CONDITIONS
As a subrecipient of 22SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22SLCGP Award Letter and its incorporated documents, which are incorporated in and
made a part of this Agreement as Attachment C.
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Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass -through entity making a subaward to a Subrecipient
under this Agreement.
c. "Investment" means the grant application submitted by the Subrecipient describing the project(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 administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "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 Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, 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 of DHS/FEMA
approval of the Award performance period, followed up with a mutually 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.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 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 employment, public accommodations, state and local
government services, and telecommunication.
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 laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/qrants/requiredqrantforms. Any such form completed by the 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 debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non -procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/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 Industries' "Debarred Contractor List"
(https://secure.lni.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' "Debarred Vendor List"
(http://www.des.wa.gov/services/Contracting Purchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, 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 subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
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 with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, 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 interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $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.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
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DHS-FEMA-SLCGP-FY22
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 unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials — As required by 2 CFR 200.323, 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
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
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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 Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non -
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are 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 (2018).
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 project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board 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 board 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 determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
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To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, 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 writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
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b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
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
(OSHA/WISHA)
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 liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by 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
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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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 books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program -
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
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Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office(a�mil.wa.gov
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 Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The 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 or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR 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 budget, 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 Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.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
price, if separately stated, for properly authorized and completed work and services rendered or goods
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delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
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 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority -owned and women -owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.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.
g.
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Attachment C
22SLCGP Award Letter
EMW-2022-CY-00017
U.S. Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 98430 - 5122
Re: Grant No.EMW-2022-CY-00017
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program has been approved in the amount of $3,666,530.00.
As a condition of this award, you are required to contribute a cost match in the amount of $407,393.00 of non -Federal funds,
or 10 percent of the total approved project costs of $4,073,923.00.
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:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2022 State and Local Cybersecurity Grant Program Notice of Funding Opportunity
• Information Bulletin 479: Updated Fiscal Year 2022 State and Local Cybersecurity Grant Program Allocation Amounts
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:
Step 1: Please log in to the ND Grants system at https://portal.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 Award Package 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 all of their information up to date in SAM, in particular,
your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that
the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the
information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management
is located at http://www.sam.gov.
If you have any questions or have updated your information in 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.
PAMELA SUSAN WILLIAMS
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Agreement Articles
Thu Dec 01 00:00:00 UTC 2022
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
State and Local Cybersecurity Grant Program
GRANTEE: Washington Military Department
PROGRAM: State and Local Cybersecurity Grant
Program
AGREEMENT NUMBER: EMW-2022-CY-00017-S01
TABLE OF CONTENTS
Article I Summary Description of Award
Article II SLCGP Performance Goal
Article III Cybersecurity Plan Pending Submission and Approval
Article IV Committee Membership List Pending Submission or Approval
Article V DHS Standard Terms and Conditions Generally
Article VI Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
Article VII General Acknowledgements and Assurances
Article VIII Acknowledgement of Federal Funding from DHS
Article IX Activities Conducted Abroad
Article X Age Discrimination Act of 1975
Article XI Americans with Disabilities Act of 1990
Article XII Best Practices for Collection and Use of Personally
Identifiable Information
Article XI I I Civil Rights Act of 1964 - Title VI
Article XIV Civil Rights Act of 1968
Article XV Copyright
Article XVI Debarment and Suspension
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Article XVII Drug -Free Workplace Regulations
Article XVIII Duplication of Benefits
Article XIX Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
Article XX Energy Policy and Conservation Act
Article XXI False Claims Act and Program Fraud Civil Remedies
Article XXII Federal Debt Status
Article XXIII Federal Leadership on Reducing Text Messaging while
Driving
Article XXIV Fly America Act of 1974
Article XXV Hotel and Motel Fire Safety Act of 1990
Article XXVI John S. McCain National Defense Authorization Act of Fiscal
Year 2019
Article )(VI I Limited English Proficiency (Civil Rights Act of 1964 - Title VI)
Article XXVIII Lobbying Prohibitions
Article XXIX National Environmental Policy Act
Article XXX Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
Article XXXI Non -Supplanting Requirement
Article XXXII Notice of Funding Opportunity Requirements
Article XXXIII Patents and Intellectual Property Rights
Article XXXIV Procurement of Recovered Materials
Article XXXV Rehabilitation Act of 1973
Article XXXVI Reporting of Matters Related to Recipient Integrity and
Performance
Article XXXVII Reporting Subawards and Executive Compensation
Article XXXVIII Required Use of American Iron, Steel, Manufactured
Products, and Construction Materials
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Article XXXIX SAFECOM
Article XL Terrorist Financing
Article XLI Trafficking Victims Protection Act of 2000 (TVPA)
Article XLII Universal Identifier and System of Award Management
Article XLIII USA PATRIOT Act of 2001
Article XLIV Use of DHS Seal, Logo and Flags
Article XLV Whistleblower Protection Act
Article XLVI Environmental Planning and Historic Preservation (EHP)
Review
Article XLVII
Article XLVIII
Article XLIX
Article L
Article LI
Article I - Summary Description of Award
Applicability of DHS Standard Terms and Conditions to
Tribes
Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award
Prior Approval for Modification of Approved Budget
Indirect Cost Rate
The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and
territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure
Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables OHS to make targeted
cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving
the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount
of: $3,666,530 for the state of Washington. Of this amount, up to $183,326 can be retained by the State Administrative Agency
(SAA) for management and administrative expenses, and a total of $407,393 is the required cost share.
The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are
incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement
Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post -award documents
uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any
limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this
Agreement Article are not approved for funding under this award.
Article II - SLCGP Performance Goal
In addition to the Performance Progress Report (PPR) submission requirements due January 30, outlined in NOFO Appendix
A-11, recipients must demonstrate how the grant -funded projects address the capability gaps identified in their Cybersecurity
Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The
capability gap reduction or capability sustainment must be addressed in the PPR, Section 10. Performance Narrative.
Article Ill - Cybersecurity Plan Pending Submission and Approval
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FEMA has placed a funding hold on $3,486,554 in the FEMA financial systems. The recipient is prohibited from obligating,
expending, or drawing down these funds.
To release this hold, the recipient is required to submit a Cybersecurity Plan for approval by CISA. Please contact CISA at
SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required for Cybersecurity Plan approval.
If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters
Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov.
Article IV - Committee Membership List Pending Submission or Approval
FEMA has placed a funding hold on this award, and the amount of $3,486,554 is on hold in the FEMA financial systems. The
recipient is prohibited from obligating, expending, or drawing down funds until the Committee Membership List is submitted
and approved.
To release this hold, the recipient is required to submit the Committee Membership List, and receive approval of the
Membership List from CISA. Please contact CISA at SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps
required to release this hold.
If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters
Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov.
Article V - DHS Standard Terms and Conditions Generally
The Fiscal Year (FY) 2022 OHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates
otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will
be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions.
Article VI - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. OHS 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 (OHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
II. OHS 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.
Ill. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies
are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive
guidance.
Article VII - 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 OHS.
II. Recipients must give OHS access to examine and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities or personnel.
Ill. 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.
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V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial
assistance from OHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool
within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of
multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained
in the OHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The
evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The OHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article VIII - 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 IX - Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article X - 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, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Article XI - 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. 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 XII - 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 XIII - 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.
section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7.
Article XIV - Civil Rights Act of 1968
Recipients must comply with Title VI I I 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. section 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
DHS-FEMA-SLCGP-FY22
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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 XV - Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Article XVI - 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 XVII - 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. sections 8101-8106).
Article XVIII - Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not
be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XIX - 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. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R. Part 19.
Article XX - 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. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XXI - False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False 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
details the administrative remedies for false claims and statements made.)
Article XXII - Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
Article XXIII - 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 XXIV - Fly America Act of 1974
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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. section 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B-138942.
Article XXV - 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. section 2225a.
Article XXVI - 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. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute
- as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for
national security reasons.
Article XXVII - 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. section 2000d et seq.) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www. dhs. gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited
and additional resources on http://www.lep.gov.
Article XXVIII - Lobbying Prohibitions
Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any federal action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification.
Article XXIX - 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. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations
for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their
authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXX - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in
individual DHS programs.
Article XXXI - Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources.
Article XXXII - Notice of Funding Opportunity Requirements
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All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this
program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO.
Article XXXIII - Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 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. section 401.14.
Article XXXIV - 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 contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXXV - 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. section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article XXXVI - Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the
recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXVII - Reporting Subawards and Executive Compensation
Reporting of first tier subawards:
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions.
Article XXXVIII - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part
of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order
14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and
Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the
funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States --this means the manufactured product was
manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
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(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.
(a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may
waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide
instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the
Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at
"Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other OHS
components, please contact the applicable DHS FAO.
To see whether a particular OHS federal financial assistance program is considered an infrastructure program and thus
required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please
see Programs and Definitions: Build America, Buy America Act I FEMA.gov.
Article XXXIX - 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 XL - 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 XLI - 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. section 7104. The
award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference.
Article XLII - 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.
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Article XLIII - 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. sections
175-175c.
Article XLIV - 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 OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XLV - Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409,
41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLVI - 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. In order to initiate EHP review of your project(s), you must submit a detailed project description along with
supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed
project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through
entity, if applicable, and DHS/FEMA.
Article XLVII - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article XLVIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any
questions.
Article XLIX - Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state
subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition
of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition
requirements in accordance with state laws and procedures.
Article L - Prior Approval for Modification of Approved Budget
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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 LI - 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.
BUDGET COST CATEGORIES
Personnel $165,066.00
Fringe Benefits $62,724.00
Travel $10, 210.00
Equipment $0.00
Supplies $946.00
Contractual $3, 806, 028.00
Construction $0.00
Indirect Charges $28,949.00
Other $0.00
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Obligating Document for Award/Amendment
la. AGREEMENT NO.
EMW-2022-CY-00017-S O 1
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430 -
5122
9. NAME OF RECIPIENT
PROJECT OFFICER
Sierra Wardell
11. EFFECTIVE DATE OF
THIS ACTION
12/21/2022
1 5. DESCRIPTION OF
a. (Indicate funding data
PROGRAM CFDA N
NAME
ACRONYM
State and Local 97.137
Cybersecurity
Grant Program
2. AMENDMENT NO.
***
3.
RECIPIENT
NO.
916001095G
7. ISSUING FEMA OFFICE AND
ADDRESS
FEMA-GPD
400 C Street, SW, 3rd floor
Washington, DC 20472-3645
POC: 866-927-5646
PHONE NO.
2535127121
12.
METHOD
OF
PAYMENT
PARS
4. TYPE OF ACTION 5. CONTROL NO.
AWARD WX00743N2023T
8. PAYMENT OFFICE AND ADDRESS
FEMA Finance Center
430 Market Street
Winchester, VA 22603
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: Askcsid@dhs.gov
13. ASSISTANCE ARRANGEMENT
Cost Reimbursement
ACTION
for awards or financial changes)
O. ACCOUNTING DATA PRIOR AMOUNT
TOTAL AWARDED
AWARD THIS
ACTION
+ OR (-)
$0.00 $3,666,530.00 $3,666,530.00
$0.00 $3,666,530.00 $3,666,530.00
(ACCS CODE)
2023-IF-PA11 -P410- -4101-D
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
14. PERFORMANCE PERIOD
From:
12/01/2022
Budget Period
12/01/2022
To:
11/30/2026
11/30/2026
CURRENT CUMULATIVE NON -
TOTAL FEDERAL COMMITMENT
AWARD
See Totals
$407,393.00
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)
State and Local Cybersecurity Grant Program 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 REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Sierra Wardell, Preparedness Grants Section Section Supervisor
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA SUSAN WILLIAMS,
DATE
Thu Dec 22 16:08:53 UTC
2022
DATE
Wed Dec 21 20:58:37 UTC
2022
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Attachment D
WORK PLAN
FY 2022 State and Local Cybersecurity Grant Program
PROJECT #1 TITLE Security and Disaster Planning
PROJECT DESCRIPTION
The City of Tukwila is seeking to enhance its risk posture and resiliency through both technology and process. The
City of Tukwila is a full -service City with an IT staff of eight. We are seeking funds to work with a facilitator to develop
a Disaster Recovery Plan and develop Security Incident Management programs. The development of these plans will
help identify gaps in our current environment and inform our planning to reduce risk through technology insertion in
our 2025/2026 budget cycle. Multi -Factor Authentication (MFA) Keys will enable the City of Tukwila to deploy city-
wide MFA to harden security and prevent breaches.
GAP BEING ADDRESSED
The City of Tukwila currently lacks a formal Business Continuity / Disaster Recovery Plan and Cyber Security Program.
The city has deployed Multi -Factor Authentication for remote workers but seeks to protect our Microsoft 365
provision. Facilitator lead sessions will help Tukwila develop a Business Continuity /Disaster Recovery Plan and
Cybersecurity Program, with the intention of having it align with existing State plans.
IMPACT
The impact of the project will be the development of a Business Continuity / Disaster Recovery Plans. The city will
understand the gaps in both Disaster Recovery planning and in our security programs and will be able to make
informed decisions about augmenting our risk posture with additional funding to be secured in our next budget cycle
(2025-2026). City-wide Multi -Factor Authentication will be deployed and bring an immediate positive impact on the
security of our systems/data.
OUTCOME
The desired outcome for the City is to have an understanding of the gaps in both Disaster Recovery planning and in
our security programs. This will enable making informed decisions about augmenting our risk posture with additional
funding in our upcoming budget cycle (2025-2026). Deploying City-wide Multi -Factor Authentication will prevent
unwanted access to City data and resources ensuring security.
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Attachment E
BUDGET
FY 2022 State and Local Cybersecurity Grant Program
City of Tukwila
AGREEMENT AMOUNT $81,695
Salaries & Benefits
Supplies
Travel/Per Diem
Contractor/Consultant
Passthrough
Other
Equipment
SUBTOTAL
Indirect
TOTAL
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE , M&ATOTAL
$0
$0
$0
$0
$0
$0
$0
$11,010
$0
$0
$0
$11,010
$0
$0
$0
$0
$0
$0
$70,685
$0
$0
$0
$0
$70,685
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$70,685
$11,010
$0
$0
$0
$0
$81,695
$0
$70,685
$11,010
$0
$0
$0
$0
$81,695
DHS-FEMA-SLCGP-FY22
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Attachment F
TIMELINE
FY 2022 State and Local Cybersecurity Grant Program
DATE TASK
December 1, 2022
Grant Agreement start date
NLT December 1, 2023 Complete NCSR
January 5, 2024
July 15, 2024
Submit Progress Report
* time period 12/1/2022 -12/31/2023
Submit Progress Report
* time period 1/1/2024 - 6/30/2024
NLT December 30, 2024 Complete NCSR
January 5, 2025
February 28, 2025
April 14, 2025
October 1st annually
Submit Progress Report
* time period 7/1/2024 -12/31/2024
Grant Agreement end date
Submit Final Reimbursement Request and Closeout Report
Nationwide Cybersecurity Review (NCSR) opens for input
https://www.cisecurity.orq/ms-isac/services/ncsr
DHS-FEMA-SLCGP-FY22
37
Page 36 of 36 City of Tukwila, E24-202
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
11 Dec 2023
PROJECT DESCRIPTION
Network Security training and equipment
CONTRACT NUMBER
E24-202
1. AUTHORIZING AUTHORITY
SIGNATURE
PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
Allan Ekberg
Mayor (2016-2023)
Thomas McLeod
Mayor (2024-2027)
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE
PRINT OR TYPE NAME
TITLE
Joel Bush
Chief Technology Officer
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE
PRINT OR TYPE NAME
TITLE
Joel Bush
Chief Technology Officer
Eric Compton
Franchise Analyst
\\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
38
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
39
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
ADDRESS
Applicable Procurement
or Solicitation #, if any:
WA Uniform
Identifier (UBI)
Business
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title:
40
Washington Military Department Contract Number:
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to skin this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
41
42
City of Tukwila
Public Works Department - Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Had Ponnekanti, Public Works Director
BY: Colleen Minion, Solid Waste Analyst
CC: Mayor Allan Ekberg
DATE: December 1, 2023
SUBJECT: Ecology Ramp Litter Cleanup Program Grant Acceptance
AUan Ekberg, Mayor
ISSUE
Formal City acceptance of a Washington State Department of Ecology (Ecology) grant in the amount of $60,000.
BACKGROUND
The City applied for and was awarded a competitive Ecology grant to fund litter cleanup activities on state ramps located
within the City. The overall goal of Ecology's Ramp Litter Cleanup Program (RLCP) is to assist counties, cities, and towns with
the costs of litter cleanup efforts on Interstate, State Route, or US highway ramps, interchanges, and intersections in their
jurisdiction.
DISCUSSION
Costs eligible for reimbursement include:
• Staff salaries and benefits
• Administrative/overhead, as defined by RLCP
• Contracts, purchased services for cleanup
• Equipment rental
• Tools and supplies for safety and cleanup work (pre -approved in writing by Ecology)
• Safety training pre -approved in writing by Ecology
• Transportation and disposal costs of materials cleaned
Projected outcomes:
• 1,580 hours worked
• 13 miles cleaned
• 14,000 pounds of material collected
• 26 ramps cleaned (there are 4 ramps in 1 diamond interchange)
• 7 times ramps/interchanges/intersections were cleaned during the reporting period
Funds are available from the date the contract is signed — June 30, 2025.
FISCAL IMPACT
There is no required match for acceptance of this grant.
RECOMMENDATION
City Council is being asked to formally accept Ecology's RLCP grant and consider this item on the Consent Agenda at the
December 11, 2023 Special meeting.
ATTACHMENTS:
• Draft contract agreement between Washington State Department of Ecology and the City of Tukwila
• List of ramp locations
43
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SWMRLCP-2325-Tukwil-00008
SOLID WASTE MANAGEMENT RAMP LITTER CLEANUP PROGRAM AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and CITY OF TUKWILA, hereinafter referred to as the "RECIPIENT," to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: City of Tukwila
Total Cost: $111,750.00
Total Eligible Cost: $60,000.00
Ecology Share: $60,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 10/01/2023
The Expiration Date of this Agreement is no later than: 06/30/2025
Project Type: RLCP Grant
Project Short Description:
Litter cleanup on state highway ramps.
Project Long Description:
RLCP assists local governments with funding litter cleanup activities on state ramps located within the jurisdiction of the
local government. A state ramp (also referred to as an exit ramp/off-ramp or entrance ramp/on-ramp) is a short section
of road allowing vehicles to enter or exit a controlled -access highway. In many areas, entering and exiting state highways
does not occur on traditional ramps. This is typically true when the state highway is one lane of traffic in each direction.
These may be intersections. These state highway intersections are eligible under RLCP.
Overall Goal:
The overall goal of the Ramp Litter Cleanup Program (RLCP) is to assist counties, cities and towns with the costs of
44
State of Washington Department of Ecology Page 2 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
litter cleanup efforts on Interstate, State Route, or US highway ramps, interchanges and intersections in their jurisdiction.
RLCP was established by Senate Bill 5040, the Welcome to Washington Act, in the 2021 legislative session. It is now
codified in RCW 70A.200.190(3).
Template Version 12/10/2020
45
State of Washington Department of Ecology
Page 3 of 20
Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
RECIPIENT INFORMATION
Organization Name: CITY OF TUKWILA
Federal Tax ID:
UEI Number:
Mailing Address:
Organization Email:
Organization Fax:
Contacts
91-6001519
UEQNMC26C8T3
6300 Southcenter Blvd
Tukwila, WA 98188
catrien.deboer@tukwilawa.gov
(206) 433-0179
Project Manager
Colleen Minion
Solid Waste Analyst
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Email: colleen.minion@tukwilawa.gov
Phone: (206) 431-2445
Billing Contact
Catrien de Boer
Public Works Grants Analyst
6300 Southcenter Blvd, Suite 100
Tukwila, Washington 98188
Email: catrien.deboer@tukwilawa.gov
Phone: (206) 431-2445
Authorized
Allan Ekberg
Signatory
Mayor
6200 Southcenter Blvd
Tukwila, Washington 98188
Email: allan.ekberg@tukwilawa.gov
Phone: (206) 433-1850
Template Version 12/10/2020
46
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Page 4 of 20
Justin Boneau
Project
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: jbon461@ecy.wa.gov
Phone: (425) 213-3563
Justin Boneau
Financial
Manager
PO Box 330316
Shoreline, Washington 98133-9716
Email: jbon461@ecy.wa.gov
Phone: (425) 213-3563
Template Version 12/10/2020
47
State of Washington Department of Ecology Page 5 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
SCOPE OF WORK
Task Number: 1 Task Cost: $60,000.00
Task Title: State Highway Ramps and Interchange Cleanup
Task Description:
Work Performed: A state ramp (also referred to as an exit ramp/off-ramp or entrance ramp/on-ramp) is a short section of road
allowing vehicles to enter or exit a controlled -access highway. In many areas, entering and exiting state highways does not
occur on traditional ramps. This is typically true when the state highway is one lane of traffic in each direction. These may be
intersections and are eligible for cleanup under RLCP.
RECIPIENT anticipates cleaning state ramps located in their jurisdiction and must report on the frequency of cleaning.
RECIPIENT may contract for assistance with cleanup of state ramps. Reimbursement for costs incurred by contractors to
perform work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and
require ECOLOGY approval.
Safety Expectations: RECIPIENT or delegate is responsible for crew safety training and oversight of crewmembers.
RECIPIENT will follow all applicable County or State Road setup procedures as determined by the appropriate County or
State officials while working on those roads. RECIPIENT will provide appropriate Personal Protective Equipment (PPE) for
all workers. PPE can include Safety Vests, gloves, eye protection, and any other supplies or equipment necessary to complete
the work safely.
Materials Disposition: RECIPIENT is responsible to ensure collected litter is properly transported and disposed and or
coordinate with WSDOT to pick up the bagged litter from state ramps.
Community Investment: Instead of requiring a match, Ecology encourages recipients to mobilize local resources. These may
include correctional workgroups, volunteer organizations, administrators, and/or equipment. This approach produces the
greatest environmental impact with the limited funding available. To maximize project success, communities should invest local
resources such as donated staff time, volunteer labor, donated equipment and supplies, and waived disposal costs.
Data Collection, Reporting and Reimbursement Requirements: In accordance with the RECIPIENT's reporting requirements
provided by Ecology in writing, submit progress reports and requests for reimbursement through EAGL. RECIPIENT is
responsible for accurate data collection, and must provide payable invoices, receipts, and required time -accounting reports
upon Ecology's request to support costs requested for reimbursement.
Costs Eligible for Reimbursement
• Staff salaries and benefits
• Administrative/overhead, as defined by RLCP
Contracts, purchased services for cleanup
Equipment rental
Tools and supplies for safety and cleanup work (pre -approved in writing by Ecology)
Vehicle fuel and maintenance in proportion to use for litter and illegal dump cleanup
Template Version 12/10/2020
48
State of Washington Department of Ecology Page 6 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
• Safety training pre -approved in writing by Ecology
• Transportation and disposal costs of materials cleaned
• Costs not listed here but approved in writing by Ecology
Costs Not Eligible for Reimbursement
• Overtime differential, unless the individual spends 100 percent of their time on RLCP activities and Ecology provided
written prior approval
Administration/overhead costs in excess of 10 percent of the total task budget amount
Indirect costs
Mileage — per mile reimbursement rates, such as OFM's POV rates (fuel and maintenance costs must be direct billed)
Contribution to equipment rental or revolving fund (ER&R)
Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to clean state ramps throughout RECIPIENT's jurisdiction.
Task Expected Outcome:
With the Task Cost, RECIPIENT expects
• 1,580 hours worked
• 13 miles cleaned
• 14,000 pounds of material collected
• 26 ramps cleaned (there are 4 ramps in 1 diamond interchange)
• 7 times ramps/interchanges/intersections were cleaned during the reporting period
These ramps include but may not be limited to:
• I-5 N/B Exit 153 Off Ramps 1 time per quarter
• I-5 S/B Exit 154 On Ramp 1 time per quarter
• I-5 N/B Exit 154 1 time per quarter
• I-5 Exit 156 1 time per quarter
• I-5 Exit 158 1 time per quarter
• WA-518 W/B 51st Ave S Exit On Ramp 1 time per quarter
• WA-518 E/B Klickitat Dr Exit Off Ramp 1 time per quarter
• WA-518 E/B Tukwila Intl Blvd Exit On Ramp 1 time per quarter
• I-405 S/B Exit 1 1 time per quarter
• I-405 N/B Exit 1 1 time per quarter
• I-405/1-5 Interchange Southcenter Blvd Off Ramp 1 time per quarter
• I-405 Tukwila Pkwy On Ramp 1 time per quarter
• WA-599 Interurban Ave Exit 1 time per quarter
• WA-599 Tukwila Intl Blvd Exit 1 time per quarter
• WA-99 102nd St Exit 1 time per quarter
Template Version 12/10/2020
49
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
Recipient Task Coordinator: Colleen Minion
State Highway Ramps and Interchange Cleanup
Deliverables
Page 7 of 20
Number
Description
Due Date
1.1
Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
Template Version 12/10/2020
50
State of Washington Department of Ecology Page 8 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
BUDGET
Funding Distribution EG240383
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to ident each budget.
Funding Title: City of Tukwila Funding Type: Grant
Funding Effective Date: 10/01/2023 Funding Expiration Date: 06/30/2025
Funding Source:
Title: Waste Reduction, Recycling, and Litter Control Account (WRRLCA)
Fund: FD
Type: State
Funding Source %: 100%
Description: 044 WRRLCA
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Approved State Indirect Rate: 0%
0%
No
No
Is this Funding Distribution used to match a federal grant?
No
City of Tukwila
Task Total
State Highway Ramps and Interchange Cleanup
$ 60,000.00
Total: $ 60,000.00
Template Version 12/10/2020
51
State of Washington Department of Ecology
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
Funding Distribution Summary
Recipient / Ecology Share
Page 9 of 20
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
City of Tukwila
0.00 %
$ 0.00
$ 60,000.00
$ 60,000.00
Total
$ 0.00
$ 60,000.00
$ 60,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
ECOLOGY's Solid Waste Management program implements a reporting assessment policy for RECIPIENTs of grants
administered through the Solid Waste Management program. The assessment determines the RECIPIENT's reporting level
required throughout the Agreement term. If the RECIPIENT's performance or project circumstances change, ECOLOGY may
reassess and notify the RECIPIENT of any changes to reporting requirements.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
Template Version 12/10/2020
52
State of Washington Department of Ecology Page 10 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $30,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in
www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115pub1232/pdf/PLAW-115pub1232.pdff , section 889, covered
Template Version 12/10/2020
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State of Washington Department of Ecology Page 11 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020
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State of Washington Department of Ecology Page 12 of 20
Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all
products supplied under the Agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
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Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as
appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Depat Intent of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No: SWMRLCP-2325-Tukwil-00008
Project Title: City of Tukwila
Recipient Name: CITY OF TUKWILA
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
http s://ecology.wa. gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments .
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Page 20 of 20
Agreement No:
Project Title:
Recipient Name:
SWMRLCP-2325-Tukwil-00008
City of Tukwila
CITY OF TUKWILA
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
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Washington State Department of Ecology Ramp Litter Cleanup Program grant locations
These ramps include but may not be limited to:
• 1-5 N/B Exit 153 Off Ramps 1 time per quarter
• 1-5 S/B Exit 154 On Ramp 1 time per quarter
• 1-5 N/B Exit 154 1 time per quarter
• 1-5 Exit 156 1 time per quarter
• 1-5 Exit 158 1 time per quarter
• WA-518 W/B 51st Ave S Exit On Ramp 1 time per quarter
• WA-518 E/B Klickitat Dr Exit Off Ramp 1 time per quarter
• WA-518 E/B Tukwila Intl Blvd Exit On Ramp 1 time per quarter
• 1-405 S/B Exit 1 1 time per quarter
• 1-405 N/B Exit 1 1 time per quarter
• 1-405/1-5 Interchange Southcenter Blvd Off Ramp 1 time per quarter
• 1-405 Tukwila Pkwy On Ramp 1 time per quarter
• WA-599 Interurban Ave Exit 1 time per quarter
• WA-599 Tukwila Intl Blvd Exit 1 time per quarter
• WA-99 102nd St Exit 1 time per quarter
64
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Harr Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: December 1, 2023
SUBJECT: Green River Trail Connector
Project No. 91810403
Contract Award to Active Construction, Inc.
ISSUE
Award the Green River Trail Connector construction contract Active Construction Inc., as the low
responsive bidder.
BACKGROUND
A call for bids was advertised on November 7, 2023, and November 14, 2023, for the Green River
Trail Connector project. One addendum was issued correcting minor issues in the bid documents.
Bids were due by 9:30 a.m. on November 28, 2023, and were publicly opened at 10:00 a.m. on
the same day. seven bids were received. The apparent low bid was received from Active
Construction Inc.
ANALYSIS
The construction bids were reviewed, and only a few minor irregularities were found in all the bids.
There were no errors in the low bid. One error was found in the Engineer's Estimate due to an
incorrect quantity for one item. A minor error was found in the third low bid and a more significant
error was found in the high bid. Active Construction Inc. has successfully worked for Tukwila on
past projects with similar size and scope. The contractor does not have any exceptions or has
been debarred from working on state or federally funded projects.
FINANCIAL IMPACT
The bid from Active Construction Inc. came in under the Engineer's Estimate and is within the
available funding for the project.
Active Construction Inc. Bid
Contingency (15%)
Construction Total
Amount Construction Budget
$1,020,020
$153,000
$1,173,020 $1,297,000.00
RECOMMENDATION
Consider awarding the bid to Active Construction Inc., in the amount of $1,020,020, on the
Consent Agenda at the December 11, 2023 Special Meeting.
ATTACHMENTS
• CIP Sheet
• Certified Bid Tabulation
• Map
65
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
COMMENT:
2023 to 2028
PROJECT: Green River Trail Improvements Project No. 91810403
Construct a widened trail section between the west landing of the Southcenter Pedestrian Bridge and the
DESCRIPTION: shared use path on Christensen Road. Includes illumination, CCTV, and provides the fiber connection to
the Pedestrian Bridge for operation of CCTV and communication to the light controllers and ped/bike counter.
JUSTIFICATION: Wider trail section is needed to accommodate the intermingling of trail and bridge users by providing a
wider trail and improved safety features.
STATUS: Designed and permitted as part of the TUC Pedestrian/Bicycle Bridge.
MAINT. IMPACT: Reduced pavement repairs, increased maintenance for illumination and CCTV upkeep.
Project is a subset of the TUC/TOD Ped Imprvmt Project (90710405), the TUC Ped/Bike Bridge Project
(90510403) and Baker Blvd Non -Motorized (91610409). All permitting and mitigation was completed as part of
the Ped Bridge project. Permitting expires in 2022, delays past this date would need new permit approvals.
PSRC grant application in 2018 unsuccessful. Apply for ped/bike grant in 2020.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
0
Land (R/W)
0
Const. Mgmt.
235
235
Construction
1,062
1,062
TOTAL EXPENSES
0
0
1,297
0
0
0
0
0
0
1,297
FUND SOURCES
TAP Grant
989
989
Proposed Grant
0
Mitigation Actual
0
Traffic Impact Fees
0
Parking Tax
0
0
308
0
0
0
0
0
0
308
TOTAL SOURCES
0
0
1,297
0
0
0
0
0
0
1,297
Project Location
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2023 - 2028 Capital Improvement Program
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66
Green River Trail Connector Project
Certified Bid Tab
Engineer's Estimate
ACI
RCNW
New X Inc.
Sascon LLC
Westwater
Gary Merlino
A-1 Landscaping & Construction
Bid Item
No.
Bid Item Description
l
Quantity
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
ROADWAY
1
MOBILIZATION
1
LS
$77,275.20
$77,275.20
$100,000.00
$100,000.00
$80,000.00
$80,000.00
$97,559.00
$97,559.00
$95,000.00
$95,000.00
$100,000.00
$100,000.00
$125,000.00
$125,000.00
$155,000.00
$155,000.00
2
ROADWAY SURVEYING
1
LS
$10,000.00
$10,000.00
$8,600.00
$8,600.00
$10,000.00
$10,000.00
$12,909.00
$12,909.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$10,000.00
$10,000.00
$16,450.00
$16,450.00
3
RESOLUTION OF UTILITY CONFLICTS
1
EST
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
$3,000.00
4
MINOR CHANGE
1
EST
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
5
SPCC PLAN
1
LS
$4,000.00
$4,000.00
$150.00
$150.00
$1,500.00
$1,500.00
$250.00
$250.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$2,500.00
$2,500.00
$3,600.00
$3,600.00
6
SWPPP PREPARATION AND MAINTENANCE
1
LS
$2,500.00
$2,500.00
$6,600.00
$6,600.00
$4,500.00
$4,500.00
$2,500.00
$2,500.00
$1,200.00
$1,200.00
$1,000.00
$1,000.00
$2,500.00
$2,500.00
$12,540.00
$12,540.00
7
PROJECT TEMPORARY TRAFFIC CONTROL, MIN. BID $ 7,500
1
LS
$10,000.00
$10,000.00
$7,500.00
$7,500.00
$15,000.00
$15,000.00
$7,500.00
$7,500.00
$25,000.00
$25,000.00
$60,000.00
$60,000.00
$16,500.00
$16,500.00
$65,000.00
$65,000.00
8
RECORD DRAWINGS (Minimum Bid $ 2,500)
1
LS
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$3,200.00
$3,200.00
9
TEMPORARY TRAIL DETOUR SIGNING
1
LS
$5,000.00
$5,000.00
$9,500.00
$9,500.00
$7,500.00
$7,500.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$9,500.00
$9,500.00
$12,454.00
$12,454.00
10
CLEARING AND GRUBBING
2200
SY
$20.00
$44,000.00
$8.50
$18,700.00
$7.00
$15,400.00
$20.00
$44,000.00
$15.00
$33,000.00
$15.00
$33,000.00
$35.00
$77,000.00
$5.00
$11,000.00
11
REMOVAL OF STRUCTURE AND OBSTRUCTION
1
LS
$2,500.00
$2,500.00
$59,498.00
$59,498.00
$6,500.00
$6,500.00
$15,000.00
$15,000.00
$38,000.00
$38,000.00
$1,500.00
$1,500.00
$1,500.00
$1,500.00
$21,545.00
$21,545.00
12
ROADWAY EXCAVATION INCL. HAUL
200
CY
$65.00
$13,000.00
$72.00
$14,400.00
$81.00
$16,200.00
$75.00
$15,000.00
$65.00
$13,000.00
$150.00
$30,000.00
$210.00
$42,000.00
$110.00
$22,000.00
13
GRAVEL BORROW INCL. HAUL
2100
TN
$50.00
$105,000.00
$39.00
$81,900.00
$35.00
$73,500.00
$52.00
$109,200.00
$50.00
$105,000.00
$50.00
$105,000.00
$75.00
$157,500.00
$75.00
$157,500.00
14
CRUSHED SURFACING BASE COURSE
260
TON
$75.00
$19,500.00
$50.00
$13,000.00
$57.00
$14,820.00
$56.00
$14,560.00
$55.00
$14,300.00
$80.00
$20,800.00
$120.00
$31,200.00
$77.00
$20,020.00
15
CRUSHED SURFACING TOP COURSE
5 (1)
TON
$100.00
$500.00
$72.00
$360.00
$150.00
$750.00
$156.00
$780.00
$55.00
$275.00
$80.00
$400.00
$135.00
$675.00
$77.00
$385.00
16
COMMERCIAL HMA
2
EA
$400.00
$800.00
$455.00
$910.00
$785.00
$1,570.00
$1,500.00
$3,000.00
$150.00
$300.00
$1,000.00
$2,000.00
$950.00
$1,900.00
$1,500.00
$3,000.00
17
INLET PROTECTION
10
EA
$200.00
$2,000.00
$83.00
$830.00
$90.00
$900.00
$50.00
$500.00
$80.00
$800.00
$100.00
$1,000.00
$150.00
$1,500.00
$1,970.00
$19,700.00
18
SILT FENCE
850
LF
$8.00
$6,800.00
$6.00
$5,100.00
$5.00
$4,250.00
$10.00
$8,500.00
$6.00
$5,100.00
$10.00
$8,500.00
$9.00
$7,650.00
$18.00
$15,300.00
19
HIGH VISIBILITY FENCE
300
LF
$6.00
$1,800.00
$4.75
$1,425.00
$4.50
$1,350.00
$5.00
$1,500.00
$5.00
$1,500.00
$5.00
$1,500.00
$5.00
$1,500.00
$22.00
$6,600.00
20
EROSION CONTROL AND WATER POLLUTION PREVENTION
1
LS
$10,000.00
$10,000.00
$2,650.00
$2,650.00
$12,500.00
$12,500.00
$24,000.00
$24,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$20,000.00
$20,000.00
$22,454.00
$22,454.00
Subtotal
$330,175.20
Subtotal
$346,623.00
Subtotal
$281,740.00
Subtotal
$382,258.00
Subtotal
$388,975.00
Subtotal
$421,200.00
Subtotal
$523,925.00
Subtotal
5580,748.00
SIDEWALK
21
CEMENT CONC. SIDEWALK
250
SY
$110.00
$27,500.00
$145.00
$36,250.00
$142.00
$35,500.00
$132.00
$33,000.00
$165.00
$41,250.00
$150.00
$37,500.00
$130.00
$32,500.00
$72.00
$18,000.00
22
CEMENT CONC. FINISH TYPE 2
31
SY
$650.00
$20,150.00
$1,119.00
$34,689.00
$1,265.00
$39,215.00
$1,070.00
$33,170.00
$1,100.00
$34,100.00
$600.00
$18,600.00
$470.00
$14,570.00
$250.00
$7,750.00
Subtotal
$47,650.00
Subtotal
$70,939.00
Subtotal
$74,715.00
Subtotal
$66,170.00
Subtotal
$75,350.00
Subtotal
$56,100.00
Subtotal
$47,070.00
Subtotal
$25,750.00
ROADSIDE DEVELOPMENT
23
PROPERTY RESTORATION
1
EST
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
24
TOPSOIL TYPE A
270
CY
$75.00
$20,250.00
$60.00
$16,200.00
$65.00
$17,550.00
$85.25
$23,017.50
$56.00
$15,120.00
$60.00
$16,200.00
$55.00
$14,850.00
$80.00
$21,600.00
25
BARK OR WOOD CHIP MULCH
25
CY
$85.00
$2,125.00
$71.50
$1,787.50
$71.00
$1,775.00
$138.25
$3,456.25
$75.00
$1,875.00
$250.00
$6,250.00
$60.00
$1,500.00
$120.00
$3,000.00
26
SEEDED LAWN INSTALLATION
80
SY
$5.00
$400.00
$16.50
$1,320.00
$2.00
$160.00
$27.00
$2,160.00
$18.00
$1,440.00
$15.00
$1,200.00
$11.00
$880.00
$12.00
$960.00
27
NATIVE GRASS SEED MIX
1200
SY
$3.00
$3,600.00
$3.00
$3,600.00
$2.00
$2,400.00
$3.75
$4,500.00
$4.00
$4,800.00
$5.00
$6,000.00
$6.50
$7,800.00
$18.00
$21,600.00
28
PSIPE ACER CIRCINATUM/ VINE MAPLE; 7'-8' HT. 3-5 CANES MIN
3
EA
$350.00
$1,050.00
$439.00
$1,317.00
$80.00
$240.00
$830.00
$2,490.00
$480.00
$1,440.00
$1,000.00
$3,000.00
$375.00
$1,125.00
$220.00
$660.00
29
PSIPE PSEUDOTSUGA MENZIESII/ DOUGLAS FIR; 1 GAL. CONT.
14
EA
$45.00
$630.00
$16.50
$231.00
$18.00
$252.00
$132.00
$1,848.00
$16.00
$224.00
$25.00
$350.00
$95.00
$1,330.00
$18.00
$252.00
30
PSIPE PINUS CONTORTA VAR. CONTORTA/ SHORE PINE; 1 GAL. CONT.
11
EA
$45.00
$495.00
$16.50
$181.50
$18.00
$198.00
$181.00
$1,991.00
$16.00
$176.00
$25.00
$275.00
$95.00
$1,045.00
$18.00
$198.00
31
PSIPE ABEIS GRANDIS/ GRAND FIR; 1 GAL. CONT.
14
EA
$45.00
$630.00
$16.50
$231.00
$18.00
$252.00
$148.00
$2,072.00
$16.00
$224.00
$25.00
$350.00
$95.00
$1,330.00
$22.00
$308.00
32
PSIPE AMELANCHIER ALNIFOLIA/ SERVICEBERRY; 1 GAL. CONT.
16
EA
$45.00
$720.00
$16.50
$264.00
$18.00
$288.00
$130.00
$2,080.00
$16.00
$256.00
$25.00
$400.00
$95.00
$1,520.00
$18.00
$288.00
33
PSIPE ACER CIRCINATUM/ VINE MAPLE; 1 GAL. CONT.
20
EA
$45.00
$900.00
$16.50
$330.00
$18.00
$360.00
$114.00
$2,280.00
$16.00
$320.00
$25.00
$500.00
$95.00
$1,900.00
$18.00
$360.00
34
PSIPE VACCINIUM OVATUM'THUNDERBIRD'/ THUNDERBIRD EVERGREEN
HUCKLEBERRY; 18" Ht. & SP.
67
EA
$35.00
$2,345.00
$44.00
$2,948.00
$20.00
$1,340.00
$47.00
$3,149.00
$45.00
$3,015.00
$30.00
$2,010.00
$30.00
$2,010.00
$30.00
$2,010.00
35
PSIPE SPIRAEA BETULIFOLIA'TOR'/ TOR BIRCHLEAF SPIREA; 18" Ht. & Sp.
68
EA
$35.00
$2,380.00
$44 00
$2,992.00
$20.00
$1,360.00
$49 00
$3,332.00
$45.00
$3,060.00
$30.00
$2,040.00
$55.00
$3,740.00
$30.00
$2,040.00
36
PSIPE CORNUS SERICEA'KELSEYII'/ KELSEYII DWARF RED -TWIG
DOGWOOD; 2 Gal. Cont.
64
EA
$35.00
$2,240.00
$22.00
$1,408.00
$25.00
$1,600.00
$98.00
$6,272.00
$22.00
$1,408.00
$35.00
$2,240.00
$30.00
$1,920.00
$22.00
$1,408.00
37
PSIPE GAULTHERIA SHALLOW SALAL; 2 Gal. Cont.
48
EA
$25.00
$1,200.00
$22.00
$1,056.00
$25.00
$1,200.00
$58.00
$2,784.00
$22.00
$1,056.00
$35.00
$1,680.00
$40.00
$1,920.00
$22.00
$1,056.00
38
PSIPE MAHONIA REPENS/ LOW OREGON GRAPE; 2 Gal. Cont.
16
EA
$25.00
$400.00
$22.00
$352.00
$30.00
$480.00
$118.00
$1,888.00
$22.00
$352.00
$35.00
$560.00
$45.00
$720.00
$30.00
$480.00
39
PSIPE POLYSTICHUM MUNITUM/ SWORD FERN; 2 Gal. Cont.
26
EA
$25.00
$650.00
$22.00
$572.00
$20.00
$520.00
$81.00
$2,106.00
$22.00
$572.00
$35.00
$910.00
$28.00
$728.00
$22.00
$572.00
40
PSIPE ARCTOSTAPHYLOS UVA-URSI/ KINNIKINNICK; 1 Gal. Cont.
455
EA
$25.00
$11,375.00
$13.50
$6,142.50
$16.00
$7,280.00
$19.00
$8,645.00
$17.00
$7,735.00
$25.00
$11,375.00
$17.00
$7,735.00
$18.00
$8,190.00
41
ROOT BARRIER
725
LF
$12.00
$8,700.00
$14.50
$10,512.50
$15.00
$10,875.00
$18.00
$13,050.00
$15.00
$10,875.00
$20.00
$14,500.00
$10.00
$7,250.00
$45.00
$32,625.00
42
AUTOMATIC IRRIGATION SYSTEM, COMPLETE
1
LS
$45,000.00
$45,000.00
$22,700.00
$22,700.00
$33,000.00
$33,000.00
$46,974.00
$46,974.00
$36,000.00
$36,000.00
$48,000.00
$48,000.00
$45,000.00
$45,000.00
$41,000.00
$41,000.00
43
WAYFINDING SIGN
1
LS
$6,000.00
$6,000.00
$9,150.00
$9,150.00
$6,200.00
$6,200.00
$4,000.00
$4,000.00
$5,500.00
$5,500.00
$3,000.00
$3,000.00
$8,500.00
$8,500.00
$44,000.00
$44,000.00
44
BENCH
0
EA
$3,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
45
TRASH RECEPTACLE
0
EA
$2,600.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
46
REMOVABLE BOLLARD
1
EA
$3,900.00
$3,900.00
$2,475.00
$2,475.00
$4,600.00
$4,600.00
$1,500.00
$1,500.00
$1,400.00
$1,400.00
$2,000.00
$2,000.00
$2,800.00
$2,800.00
$3,500.00
$3,500.00
47
CONCRETE WALL
1
LS
$20,000.00
$20,000.00
$47,500.00
$47,500.00
$56,000.00
$56,000.00
$44,200.00
$44,200.00
$45,000.00
$45,000.00
$13,500.00
$13,500.00
$65,000.00
$65,000.00
$77,800.00
$77,800.00
48
ROCK DETERRENT PAD
12
TON
$625.00
$7,500.00
$194.00
$2,328.00
$200.00
$2,400.00
$300.00
$3,600.00
$180.00
$2,160.00
$100.00
$1,200.00
$200.00
$2,400.00
$220.00
$2,640.00
Subtotal
$147,490.00
Subtotal
$140,598.00
Subtotal
$155,330.00
Subtotal
$192,394.75
Subtotal
$149,008.00
Subtotal
$142,540.00
Subtotal
$188,003.00
Subtotal
$271,547.00
SPECIAL PURPOSE PATHS
49 'CEMENT CONC. TRAIL I 960 I SY
$200.00
$192,000.00
$191.00
$183,360.00
$185.00
$177,600.00
$175.00
$168,000.00
$210.00
$201,600.00
$115.00
$110,400.00
$155.00
$148,800.00
$95.00
$91,200.00
Subtotal
$192,000.00
Subtotal
$183,360.00
Subtotal
$177,600.00
Subtotal
$168,000.00
Subtotal
$201,600.00
Subtotal
$110,400.00
Subtotal
$148,800.00
Subtotal
$91,200.00
ILLUMINATION, TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL
50
TRAIL ILLUMINATION SYSTEM, COMPLETE
1
LS
$236,000.00
$236,000.00
$194,500.00
$194,500.00
$298,000.00
$298,000.00
$186,000.00
$186,000.00
$195,000.00
$195,000.00
$320,000.00
$320,000.00
$325,000.00
$325,000.00
$280,000.00
$280,000.00
51
PAN TILT ZOOM (PTZ) CAMERA SYSTEM, COMPLETE
1
LS
$90,000.00
$90,000.00
$84,000.00
$84,000.00
$55,000.00
$55,000.00
$80,133.00
$80,133.00
$85,000.00
$85,000.00
$70,000.00
$70,000.00
$60,000.00
$60,000.00
$65,000.00
$65,000.00
Subtotal
$326,000.00
Subtotal
$278,500.00
Subtotal
$353,000.00
Subtotal
$266,133.00
Subtotal
$280,000.00
Subtotal
$390,000.00
Subtotal
$385,000.00
Subtotal
$345,000.00
CONSTRUCTION BID TOTAL $1,043,315.20
$1,020,020.00
$1,042,385.00
$1,074,955.75
(2)
$1,094,933.00
$1,120,240.00
$1,292,798.00
$1,314,245.00
(3)
Errors in Bid Proposals:
Engineer's Estimate was based on 4 tons but proposal sheets had 5 tons
Minor error on bid proposal showed total as $1,074,955.70 vs. the calculated
total of $1,074,955.75
Mathmatical error on bid proposal. The calculated bid total is $17,500 higher
than the written bid amount of $1,296,745. Unknown what or where the error is
on the written bid, suspect transcription error when completing the form.
Certified by
Cyndy
enior Pro m Manager
Date
November 28, 2023
67
TUC Pedestrian/Bicycle Bridge Vicinity Overview
cot Senior
Lowe'S Horne Housing
Improveme t
FedEx•Office Perin
&;Ship CenTter�
" Evans Black -Dr
.3trander Blvd
COMPLETED
TUC Pedestrian/Bicycle Bridge (completion 5/18)
Baker Blvd Non -Motorized Improvements (completion 5/18)
Legend
NEARLY COMPLETE
West Valley Highway/Longacres Way Sidewalks
West Valley Highway
Pedestrian Signal
PENDING CONSTRUCTION
Green River Trail Widening
68
City 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/City Engineer
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: December 1, 2023
SUBJECT: West Valley Highway (1-405 — Strander Boulevard)
Project No. 99310410, Contract No. 19-095
Supplemental Agreement No. 4
ISSUE
Supplemental Agreement with TranTech Engineering for the design on the West Valley Highway (1-405 —
Strander Boulevard) Project. The Supplemental Agreement will increase the contract by $59,520, for a
new total of $1,325,354.
BACKGROUND
Since September 2019, TranTech Engineering has been working on the design and construction
management of the West Valley Highway project including improvement along Longacres Way. Currently,
the project has funding for construction from two grant sources: Transportation Improvement Board and
Sound Transit System Access Funds. The project is also on the Traffic Impact Fee list. Construction started
in 2022 and was expected to be completed by the end of the year, but supply chain issues specific to
signal and light poles forced a winter shutdown last fall. Work resumed by the City's contractor, Road
Construction Northwest, in May of this year.
DISCUSSION
Once the work began again this spring, new issues arose that have added further delay to the completion
of the project. The work is nearly physically complete at this time, but some items still remain incomplete
such as fabrication and installation of a new mast arm at the Longacres Way/West Valley Highway
intersection and getting electrical connections completed by Puget Sound Energy so that the new
streetlights and RRFB on Longacres Way can be energized. Delays result in additional time and funds
being required for the construction management support from TranTech.
FINANCIAL IMPACT
The increase in fee for the additional construction management effort totals is $59,520. Budget is available
for the increase through the remaining construction contingency, which is partially reimbursable through
the two grants.
CM Increase
Fee Fund Source
$59,520 Available contingency
Budgeted
$465,220.61
RECOMMENDATION
The Council is being asked to approve the Supplemental Agreement No. 4 to Contract No. 19-095 with
TranTech Engineering in the amount of $59,520, for a total of $1,325,354 and consider this item on the
Consent Agenda at the December 11, 2023 Special Meeting.
ATTACHMENTS
• Consultant Agreement
69
j7, Washington State
Department of Transportation
Supplemental Agreement
Number 04
Organization and Address
TranTech Engineering, LLC
365 118th Ave SE Suite 1000
Bellevue, WA 98005
Phone: 425 453-5545
Original Agreement Number
19-095
Project Number
99310410
Execution Date
June 11, 2019
Completion Date
December 31, 2024
Project Title
Tukwila West Valley Highway (I-405 to Strander Boulevard)
New Maximum Amount Payable
$1,325,354
Description of Work
The project consists of preparing preliminary engineering design, environmental studies and permitting for
improvements to both Longacres Way and West Valley Highway (SR181), and preparing final design and
contract documents for West Valley Highway. The proposed improvements include widening the highway to
7 lanes, bridging over the 60-in. Seattle Public Utilities water main, a new pedestrian signal, a shared use
sidewalk and other related engineering tasks. ROW acquisition is not anticipated.
The Local Agency of City of Tukwila
desires to supplement the agreement entered in to with TranTech Engineering, LLC
and executed on June 11, 2019 and identified as Agreement No. 19-095
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
Additional CN Phase work, see Exhibit A - Scope of Work for details.
I I
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read December 31, 2024
III
Section V, PAYMENT, shall be amended as follows:
Additional budget of $59,520 - see Exhibit D for details.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Mohammad Sheikhizadeh, Project Manager By.
Consultant Signature Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Date
70
Exhibit "A"
Summary of Payments
Basic
Agreement
Supplement #4
Total
Direct Salary Cost
$420,930
$19,752
$440,682
Overhead
(Including Payroll Additives)
$658,716
$26,914
$685,630
Direct Non -Salary Costs
$123,849
$6,928
$130,777
Fixed Fee
$62,339
$5,926
$68,265
Total
$1,265,834
$59,520
$1,325,354
DOT Form 140-063
Revised 09/2005
71
EXHIBIT A
Supplement 04
West Valley Highway (Strander Blvd to 1-405) Improvements Project
Introduction
The City of Tukwila (AGENCY) has retained TranTech Engineering, LLC (CONSULTANT) to provide Construction
Management During Construction. The following describes Supplement 04 to this work.
Scope of Work
8. Construction Management
• Extension of contract past the working days. Due to PSE power issues, additional WSDOT
coordination with Hawk mast arm and WHV / Longacres signal mast arm.
• Additional change order preparation and independent cost estimates beyond our scope. Original
scope had 3, we are working on 8-9.
• Additional site inspection time beyond original scope.
• Response to 52 RFI, original scope had 4.
• Additional design costs for Transpo for Hawk and Longacres revised Mast arms design.
West Valley Highway (Strander Blvd to 1-405)
1
72
City of Tukwila
Allan Ekberg, Mayor
Public Works Department - Harr Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
DATE: December 1, 2023
SUBJECT: Neighborhood Traffic Calming Program
Project No. 82310301
Year End Report
ISSUE
Update the Council on the achievements of the Neighborhood Traffic Calming Program for 2023.
BACKGROUND
Ever since 2021, when ARPA funding was made available to the City, and specifically the
Neighborhood Traffic Calming Program, staff, and our consultant, KPG-Psomas, has been mostly
focusing on the Top-10 Recommended NTCP Projects list developed in late 2021. The 2021
priority was to purchase normal stock items used in traffic calming, such as LED street signs,
speed feedback signs, and Rectangular Rapid Flashing Beacon (RRFB) units. In 2022, staff and
KPG focused efforts in Allentown, the TCC, three elementary schools, S Ryan Way, and the S
144th S/46th Avenue S intersection.
DISCUSSION
Building on the work completed in 2022, staff and KPG have continued building on the work
completed in 2022 and have begun additional work on the rest of the Top-10 list. Staffing changes
have reduced the amount of time available to work on the NTCP, but work has continued
addressing every project on the Top-10 list. Some study will carry into 2024 to complete the
planning and engineering; however, the construction of the new raised crosswalk and RRFB on
42nd Ave S at the S 119th Street Pedestrian Bridge is expected to be fully complete and operational
this year. When all the study efforts are complete, staff will discuss the findings with the Council
and will prioritize which projects move into construction in 2024 and beyond. Grants are not readily
available for traffic calming projects, except for the Transportation Improvement Board's Complete
Street program. A new call for projects under that program is expected in late spring, and staff
will apply for funding.
FINANCIAL IMPACT
N/A
RECOMMENDATION
Information only.
ATTACHMENTS
• Staff Top-10 Recommended NTCP Projects
• Top-10 Locations Map
73
Status Update for the Neighborhood Traffic Calming Program — December 2023
A. Allentown Neighborhood
• Completed study.
• Submitted two grant applications to fund safety, traffic calming, and pedestrian improvements.
• Completed memo for the closure of the 42nd Avenue S bridge over the Duwamish River.
• Constructed raised crosswalk with RRFB on 42nd Avenue S at 119th Street pedestrian bridge.
B. and D. Tukwila Elementary School and Cascade Elementary School
• Collected transportation count and speed data.
• Met with representatives from the two schools to understand their issues and needs.
• Developed draft set of improvements for both schools.
• In 2024, we will share draft improvements with schools and finalize improvements.
C. Impact Charter School Safety Improvements
• Collected transportation count and speed data.
• ADA and signage design for 148th Street completed in 2022.
• In 2024, we will meet with school representatives and develop improvements.
E. Tukwila Community Center Pedestrian Crossing Safety Improvements
• Project completed. RRFBs installed on 124th Street at 44th Avenue and at 46th Avenue.
F. Macadam Road S Speed and Safety Improvements
• Collected transportation count and speed data.
• Developing list of safety and traffic calming improvements.
G. Southcenter Boulevard/65th Avenue S Pedestrian Safety Improvements
• Completed preliminary design and submitted TIB grant application in 2023.
H. Citywide Residential Speed Limit Review
• Reviewed state and City of Tukwila laws related to citywide speed limits.
• Reviewed case studies for cities that have reduced local street speed limit to 20 mph.
• Documented findings in a draft memo.
• In 2024, we will evaluate select arterials for potential speed limit reductions.
I. S Ryan Way Pedestrian Safety Improvements
• Preliminary design complete.
• In 2024, City will pursue grant funding for improvements.
J. S 144th Street/46th Avenue S ADA Ramps
• Improvements constructed in 2022.
74
Staff Top-10 Recommended NTCP Projects
Modified 6/03/2022
Original Cost Updated Cost Updated Cost
Project Details Potential Treatment Options Status
Estimate Range Estimate Range
A Allentown Neighborhood
Speed and Safety Study
Since 2018, five individual requests for traffic calming have been recorded in the NTCP list of requests; additional traffic
complaints have been made to the City over prior years. Addressing traffic safety concerns in Allentown is a top priority for
the City.
• Draft Transportation Safety Study
completed.
• Conducted public outreach
meetings on 3/22/22 and 4/26/22.
•Submitted WSDOT Pedestrian and
Bicycle Program Grant application
in 5/2022.
• New traffic counts are being done
to evaluate improvements.
$50,000-80,000
$20k for study
$640k for CN of
study
recommendations
$680,000
Study neighborhood -wide volume, speed, classification and
safety issues. Identify and design Level 1 and Level 2
treatments throughout Allentown.
Level 1: Improved signage; radar feedback signs; pavement
marking modifications.
Level 2: Sidewalks; curb extensions; raised crosswalk; traffic
calming; and remove the eastbound right -turn slip lane and
reconfigure the S 124th Street/50th Place S intersection.
B Tukwila Elementary School
Safety Improvements
Since 2018, 12 traffic calming requests have been made in the Tukwila Hill neighborhood, with a significant number near
Tukwila Elementary School. Common complaints have been about speeding and crosswalk or pedestrian safety.
Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones.
Some improvements have been made around Tukwila Elementary School already but more improvements are needed.
• Transportation Safety Study
initiated 5/2022.
• Collecting transportation counts
and speed data before the end of
the school year.
• Improvements are expected to be
installed in 2023.
$30,000-80,000
TBD
$30,000-80,000
Address pedestrian mobility, crosswalk safety concerns,
speeding, sight distance, and upgrade School Zone signage.
Level 1: School Zone beacons; improved signage; radar
feedback signs; pavement marking modifications.
Level 2: Curb extensions; RRFB installation; ADA ramp
upgrades; improved illumination.
C Impact Charter School Safety
Improvements
A request specific to the newly opened Impact Charter School was received in 2019. The request was to provide a signed
school zone, which Tukwila has provided signs marking school crossings on S 148th Street. ADA-compliant ramps have not
been installed at the marked school crossings. The charter school has expanded their site to the north which requires
creating a school zone on S 146th Street and other potential improvements for children's safety. Additionally, the Council
has asked for proactively addressing or anticipating concerns, specifically around school zones.
• Transportation Safety Study
initiated 5/2022.
• Collecting transportation counts
and speed data before the end of
the school year.
•Proposed private development
may provide ADA ramp
improvement on S 146th Street.
$8,000-15,000
TBD
$8,000-15,000
Provide school crossing improvements, establish school zone
on S 146th Street, if needed. Provide school crossing
improvements, observe operating speeds, if necessary
establish speed zone.
Level 1: Improved signage for school zones on S 148th Street
and S 146th Street; crosswalk installations.
Level 2: ADA ramp improvements; RRFB installations; curb
extensions.
D Cascade View Elementary
School Safety Improvements
Since 2018, the Cascade View neighborhood has seen 9 requests for traffic calming. Four of the requests were about
speeding, school crossing and pedestrian safety at locations around the Cascade View Elementary School. 85th Percentile
speeds of —30MPH have been recorded, but analysis is needed to identify if speeding occurs during the 20MPH-active school
zone period. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around
school zones.
• Transportation Safety Study
initiated 5/2022.
• Collecting transportation counts
and speed data before the end of
the school year.
• Improvements are expected to be
installed in 2023.
$8,000-15,000
TBD
$8,000-15,000
Upgrade School Zone signing, design and install pedestrian
crossing improvements.
Level 1: Improved signage for school zones on S 148th Street
and S 146th Street; crosswalk installation.
Level 2: ADA ramp improvements; curb extensions;
enhanced crosswalk treatments.
E Tukwila Community Center
Pedestrian Crossing Safety
Improvements
The City Council has expressed desire for the NTCP to have a proactive element in addressing traffic calming and safety
needs throughout the City. The TCC is a well -utilized facility by the Allentown neighborhood as well as the entire City and
surrounding area. Concerns over the pedestrian crossings on 5 124th Street have been raised by staff and residents in the
past, along with the larger complaints of speeding in Allentown. Increasing pedestrian visibility to improve safety in this high-
use area is a recommended top priority for the NTCP.
• Design completed for RRFBs, curb
extensions and ADA ramps at 44th
Avenue S and 46th Avenue S.
• Installation scheduled for summer
2022.
$80,000-100,000
$15k PE
$47k RRFB units
$78k RRFB
Installation
$110,000.00
Install pedestrian safety improvements on
S 124th Street at 44th Avenue S and 46th Avenue S.
Level 1: Improve pedestrian crossing signage.
Level 2: RRFB installations; upgrade ADA ramps; curb
extensions; improved illumination.
75
Staff Top-10 Recommended NTCP Projects
Modified 11/28/2023
Original Cost Updated Cost Updated Cost
Project Details Potential Treatment Options Status
Estimate Range Estimate Range
F Macadam Road Speed and
Safety Improvements
At least five requests for traffic calming, specific to speeding (and some secondary reasons) have been made since 2018. A
radar feedback sign was placed near the 13700 block in 2019 but requests have continued to be made. Additional analysis is
warranted to determine what other improvements could be used to address the speeding, especially where Macadam Road
has extremely limited sight distance due to the curvy nature of the roadway.
• Design to begin in 2/3Q.
$10,000 - 30,000
TBD
$10,000 - 30,000
Design and install treatments addressing speeding and curve
safety north of S 144th Street.
Level 1: Improved signage; LED chevron signs; channelization
modifications.
Level 2:
G Southcenter Boulevard/65th
Avenue S Pedestrian Safety
Improvements
Staff identified the need for improvement pedestrian safety at this location several years ago. Southcenter Boulevard is a 5-
lane roadway with known speeding issues along with curves that restrict sight distance. A high pedestrian usage at this
intersection accessing the King County Metro bus stop that services both the Rapid Ride F-Line and Route 150, both
workhorses of the south County transit network, justifies improving pedestrian crossing safety. This intersection is slated for
full signalization in the future, but interim pedestrian safety improvements should be considered sooner.
• Funding available for design of full
signal in 2022 CIP.
• Design to begin in 2022.
• Will consider signage
improvements for interim in 2/3Q.
$50,000-$90,000
TBD
$50,000-$90,000
Design and install pedestrian safety improvements
Level 1: Improved signage for pedestrian crossing
Level 2: RRFB installation; ADA ramp upgrades; improved
illumination
H City-wide Residential Speed
Limit Review
As part of the City Council's expressed desire to proactively look at traffic calming needs, a full review of the residential
street posted speed limits is recommended by staff. State law establishes city speed limits at 25MPH unless an engineering
study is completed to justify higher speed limits. Most residential streets are posted at 25MPH today, but there are many
that are posted at 30MPH or 35MPH. Likely, those speed limits are legacies of past annexation areas, where a speed study
was completed by King County. The general impression Staff has is that most residents and elected officials would be
happier with lower speed limits. City of Seattle has also recently lowered all speed limits nearly city-wide to be 25MPH.
• Not started yet.
$5,000-8,000
TBD
$5,000-8,000
Identify residential streets with speed limits currently above
25MPH. Conduct volume, speed and safety review.
Recommend changes to speed limits, as necessary.
Level 1: Modify speed limit ordinance; as needed; install new
signs; as needed.
Level 2:
I S Ryan Way Pedestrian Safety
Improvements
Two requests for traffic calming to address speeding and pedestrian crossing safety in the Ryan Hill area have been made in
2021. New developments are coming forward that will increase the residential population of this part of the City with multi-
family developments. The speed concerns, especially along S Ryan Way, coupled with the new housing developments
increasing the likelihood of increased pedestrian activity, warrants this analysis be recommended as a top priority.
• Transportation Safety Study for
improved signage and safety
improvements may begin in 2/3Q.
• Construction of improvements
possible in 2023.
$10,000-100,000
TBD
$10,000-100,000
Safety study on S Ryan Way from MLK Jr. Way to east city
limits, focusing on speeding and pedestrian safety.
Recommend Level 1 and Level 2 improvements. Design and
construct improvements.
Level 1: Improved signage.
Level 2: Curb extension, improved illumination.
J S 144th Street/46th Avenue S
ADA Ramps
The Tukwila School District requested school crossing safety improvements at this intersection in 2017. A new Rectangular
Rapid Flashing Beacon was installed in 2019. At the time the RRFB was installed, the City was also submitting a grant
application for the 46th Avenue S Safe Routes to School project, which would improve pedestrian safety between this
intersection south to S 150th Street, and would include either a raised pedestrian crosswalk at the RRFB or install ADA-
compliant curb ramps. The grant was not awarded. State law requires ADA ramps be brought up to current standards
anytime a new signal, including the RRFB, is installed. Since grant monies for the larger improvement are not expected in the
short term, staff recommends this as a priority to comply with all state and federal laws regarding ADA requirements.
• Design at 50% with construction
to be done with the 2022 Annual
Overlay Project.
$15,000-20,000
$15k PE
$90k Construction
$105,000
Design and install ADA-compliant ramps at the intersection.
Level 1:
Level 2: ADA upgrades to ramps at RRFB (not done at time of
RRFB installation due to budget constraints).
Total $266,000-$538,000
$808,000
$1,016,000 -
$1,233,000
76
S 152nd St o-I-e
S 52nd PI B
m
Wig Blvd Corporate
C porate
Minkler BI¢dr
Upland Dr
City of
Tukwila
S
Not to Scale
Vicinity Map
8 King County
-
Disclaimer:
The location of features and boundaries
are approximate and are intended for
reference only. Data is based on best
information available.
77
U:\PW Eng\GIS General Maps\Streets_11 x17_Sept2018.mxd
Date: 09/09/18 By: R. Linsao