HomeMy WebLinkAbout23-196 - Washington State Military Department - Emergency Management Performance Grant23-196
Council Approval N/A
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Tukwila
15005 Tukwila International Blvd
Tukwila, WA 98188-2245
2. Grant Agreement Amount:
$12,256
3. Grant Agreement Number:
E24-242
4. Subrecipient Contact, phone/email:
Mindi Mattson, 206-971-8750
m.mattson@tukwilawa.gov
5. Grant Agreement Start Date:
June 1, 2023
6. Grant Agreement End Date:
September 30, 2024
7. Department Contact, phone/email:
Deborah Henderson, 253-512-7470
deborah.hendersonaa mil.wa.gov
8. Unique Entity Identifier (UEI):
UEQNMC26C8T3
9. UBI # (state revenue):
179-000-208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Award ID # (FAIN):
EMS -2023 -EP -00002
12. Federal Award Date:
9/21/2023
13. Assistance Listings # & Title:
97.042 (23EMPG)
14. Total Federal Amount:
$7,585,716
15. Program Index # & OBJ/SUB-OBJ:
733PT NZ
16. EIN:
91-6001519
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 11, 33, 37
(BY CONGRESSIONAL DISTRICT): 7, 9
18. Service Area by County(ies):
King
19. Women/Minority-Owned, State
Certified: el N/A ❑ NO
■ YES, OMWBE #
20. Agreement Classification:
D Personal Services • Client Services ® Public/Local Gov't
• Research/Development ❑ NE ❑ Other
21. Contract Type (check all that apply):
❑ Contract 0. Grant IZ1 Agreement
• Intergovernmental (RCW 39.34) • Interagency
22. Subrecipient Selection Process:
@ "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
® Public Organization/Jurisdiction • Non -Profit
❑ CONTRACTOR 1Z1 SUBRECIPIENT ■ OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2023 Emergency Management Performance Grant (23EMPG) program is to provide U.S.
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to
assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of
those programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 23EMPG DHS Award Letter for Grant No. EMS -2023 -EP -00002
("Grant"), which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to
the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds
provided under this Agreement and the associated matching funds. .
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This
Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); 23EMPG Award Letter
EMS -2023 -EP -00002 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); Build America, Buy
America Act Self -Certification (Attachment G); and all other documents expressly referenced and incorporated herein contain all the terms
and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the 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 hereto have executed this Agreement on the day and
FOR THE DEPARTMENT: F+' 0
i
year last specified
BRE!
1Q
below.
• )'�T:I
•
Signature Date Signature
Regan Anne Hesse, Chief Financial Officer Allan Ekberg, Mayor
Washington State Military Department City of Tukwila
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Dierk Meierbachtol August 1, 2023
Date
Assistant Attorney General Signature Date
DHS-FEMA-EMPG-FY23
Page 1 of 41
Tukwila, E24-242
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.
BRECIPIENT
DEPARTMENT
Narne
Mindi Mattson
Name
Deborah Henderson
Title
Emergency Manager
Title
Program Coordinator
Email
m.mattson@tukwilawa.gov
Email
deborah.henderson@mil.wa.gov
Phone
206-971-8750
Phone
253-512-7470
Name
Eric Dreyer
Name
Peter Drance
Title
Police Chief
Title
Program Manager
Email
E.Drever@tukwilawa.gov
Email
peter.drance@mil.wa.gov
Phone
206-433-3669
Phone
253-512-7322
Name
Kayla Sainati
Name
Grant Miller
Title
Preparedness & Outreach
Title
Program Assistant
Email
k.sainati@tukwilawa.gov
Email
grant.miller@mil.wa.gov
Phone
206-465-7071
Phone
253-512-7061
Name
Narne
Sierra Wardell
Title
Title
Financial Operations Section Manager
Email
Email
sierra.wardell "I. a.gov
Phone
Phone
253-512-7121
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 23EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOF0) Fiscal
Year 2023 Emergency Management Performance Grant (EMPG) Program document, the Fiscal Year 2023
Preparedness Grants Manual, FEMA Manual (FM) 207-22-0001 Version 4, 2023 (the Manual), 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 performance
period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not
hold the Department, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 23EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.331.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 23EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
DHS-FEMA-EMPG-FY23
Page 2 of 41 TukwHa, E24-242
[i. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal |avvs, rules, regulations, [equirmn1mn1s, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 23EMPG Program, inn|mdiDQ, but not
limited to, all cdhgrio, reothuUons, and requirements of The Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year
2023 Emergency Management Performance Grant (EMPG) Program document,
the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal
regulations commonly applicable to DHS/FEMA grants.
The Subrecipient shall be responsible to the Department for ensuring that all
23EMPG federal award funds provided to its nobrecip[ents, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
f�rth in Attachmerit 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, induding 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 F),
additional documentation is required based on the appiicable situation. As described in 2
CFR 280.414and Appendix VII bz2CFR 2OO:
If the Subrecipient receives direct funding from any Federal agoncy(ieo),
documentation of the rate must be submitted to the Department Key Personnel
per the foliowing:
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 V|| of 2 CFR 200 requirements.
|i.
If the Subrecipient does not receive direct federal funds (Le., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimis rate
often 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 httpn:0wxmw.gsm.qov'
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to RaimbVrsenmentsmi|.vya.qnv no later than the due dates Iisted within the
Timeline (Atiachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
DHS-FEMA-EMPG-FY23 Page 3of41 TukwDu,E24-242
requirements of this Agreement and be made available upon request by the Department
and auditors.
S.
The Subrecipient must request prior written approval from Department Key Personnel to
waive or extend a due date in the Timeline (Attachment E). For waived or extended
reimbursement due dates, all aliowable 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
nagu[ationa, requioanmentn, and the terms and conditions of the Agreement and may
increase required monitoring activities. Any request for a waiver or extension of a due date
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnel sufficiently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within the time
period notated in the Timeline (Attachment E) 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 Gubnac|p|ent'a project(s).
No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its con1roctor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
'.
Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (inc[uding, but not limited to, those reports in the Timeline
(Attachment E) will prohibit the Subrecipient from being reimbursed until such reports and
reimbursement requests are submitted and the Department has had reasonable time to
conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent (10%) of the Grant Agreement Amount. Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace (supplant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
docurnent that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided hy the Department.
b. With the fima|reimbursement request, the Subrecipient shall submit tothe Department Key
Personnel a final report (in the format provided by the Department) describing all
completed activities under this Aureement, status of training course completion by
individual personneU, how the match was met and donumentad, and progress made with
NQS implementation.
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 compiete and
return to the Department an Audit Certification/FFATA Form. This form is required to be
completed once per calendar year, per Subnacipion1, and not per agreement. The
DHS-FEMA-EMPG-FY23 Page 4 of 41 Tukwila, E24-242
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.
d. To docurnent compliance with the National Incident Management System (NIMS), the
Subrecipient shall complete the annual NIMS survey conducted by EMD staff.
4. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, Iocation, or complexity. NMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to bui|d, ouutain, and
d&iver the core capabiIiti'es needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedneon, planning, and response.
NI MS empowers the components of the National Preparedness System, a requirement of
PresidentiaI Policy Directive 8, to guide activities within the public and private sector and
describes the p[mnning, organizational ac1ivihea, aquipping, treining, and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive federal preparedness funding from the Department, the Subrecipient
must ensure and maintain adoption and implementation of NIMS. See Agreement
Attachment A. Article || section 3.c. for associated reporting requirements. The list of
objectives used for progress and achievement reporting can be found at
httpa:/h*vvw.fenna.quv/enmerqenny-mnanagera/nims/innp|em*ntoUnn-troining.
d. Beginning with 23EK8PG. FEMA is requiring phased implementation of the National
Qualification System (NQS) for EMPG subrecipients. The NQS Implementation Objectives
reflect the concepts and principles contained in NQS doctrine and aim to promote
consistency in NQS implementation nationwide. Subrecipients will be considered in
compliance with NQS requirements as long as they are working towards implementing the
NQS Implementation Objectives can be found at
https://vmmw.femm.dmv/sib*o/defao|Ufi|esh1ocunnents/fenna n[ms-nds-inmp|ementotion'
objectives fact-sheet.pdf. OnIy EMPG-funded deployable personne (determined by the
Subrecipient) will be required to meet NQS certification requirements.
For 23EMPG NOS Phase 1 of implementation, Subrecipients must:
Document the plan f�r implementation of NQS to include a timeline and an analysis
of which positions are subject to the requirement. FEMA has created an optional
template which can be found at
https://vvvvvv.ƒenma.qnv/nitesAjehau|tifi|es/ducurnentsgennm nqs-eamop|o-
imp|ernetation-p|am.bp1x. All plans should be kept with Agreement documents.
ii.
Describe the status of implementation as a part of the annual NIMS survey
conducted by EMD staif at the end of the calendar year.
Note within the EMPG final report which EMPG funded personnel are categorized
as deployable and status of implementation, as applicable.
5. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313
for management of equipment, and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
1. Upon successful completion of the terms of this Aonaecnent, all equipment and
supplies purchased through this Agreement will be owned by the 8ubrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
DHS-FEMA-EMPG-FY23
Page 5 of 41 Tukwila, E24-242
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 mantained in the Subrecipient's inventory system.
iD.
Inventory system records shall include:
A. Description of the property
B. Manufacturer's seraI number, or other identificaton number
C. Funding source for the property, including the Federal Award dentification
Number (FA[N) (Face Sheet, Box 11)
D. Assistance Listings Number (Face Sheet, Box 13)
E. Who holds the title
F. Acquisition date
G. Comtoftheprnpehxmndthapercentogeoffedero|partinipmtiomimthecost
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 equipmmenk, and supplies
as app|ioab|e, and reconcile the results with the property records at Ieast 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 shml|, in
connection with the inventory, verify the existenne, current ub|ize1ion, and
continued need for the equipmerit.
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 acontrol system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be inveoUgo1ed, and a report generated and sent to the Department's Key
Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and
Iicenses 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 dispoaition, 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 rnust comply with the foflowing 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 mu'st, in either case, compensate the federal government
DHS-FEMA-EMPG-FY23 Page 8of41 Tukwila, E24-242
for its share. The amount of commust be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair -market value of $5,000 or less may
be retained, sold, transferred, or otherwise disposed ofwith no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair -market value in excess of $6,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the diepoolbnn, rep|ooernemt, or transfer. If any Utigation,
o|minn, or audit is started before the expiration of the six-year pehod, the records
shall be retained by the Subrecipient until all |iUgmtion, c|ainls, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable equipment categories for the grant program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at
httPs://wvw.fema.00v/qramts/quidonce-to0| /a thorized-mquipmet-|i t. It is important that
the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
regard the AEL as an authorized purchasing list identifying items allowed under the
specific grant program; the AEL includes items that may not be categorized as equipment
according to the federal, state, local, and tribal definitions of equipment. The Subrecipient
is solely responsible for ensuring and documenting purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under the grant program, the
Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA
approval prior to acquisition.
d. Equipment purchases (those with a current per-unit fair market value in excess of
$5,000) must be identified and explained to the Department. Use, management, and
disposition of such equipment is subject to requirements outlined in 2 CFR 200.313.
Before making such purchases, the Subrecipient should analyze the cost benefits of
purchasing versus leasing equipment, especially those subject to rapid technical
advances.
e. Unless expressly provided othemviae, all equipment must meet all mandatory regulatory
state and DH3/FEK8A adoptedstandards tnbee|ig|b��xpurchase using fe.�ens|awerU
funds.
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 httpa://vvvmw.uisa.gov/ogfemznn/fundinq' including
provisions on technical standards that ensure and enhance interoperable
communications.
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:
Procure or obtain any wquipmemt, 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;
g.
DHS-FEMA-EMPG-FY23
Page Tof4t Tukwila, E24-242
�. Enter into, extend, or renew a contractto 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
aystem'. or
i�. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component af 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 , Pub. L. No. YY5-232(J0Y8}and
2 CFR 200216, 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 ofthe Manual and the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NO/VA. and 2 CFR 200.216. covered
telecommunications equipment or services means:
iv. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (ar any subsidiary or affihiate of such entities);
v. For the purpose of publie safety, security of governrnent faciiities, physical security
surveillance of critical [nfrastrun1mn*, and other national security purpnsen, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digita Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
vi. Telecornmunications or video surveillance services provided by such entities or
using such equipment; or
vii. 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
|nvaat|gmbon, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
h. The Subrmcipien1rnust pass through equipment and supply management requirements
that meet or exceed the requirements outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
6. 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://vww.feme.qVwormntn/ouidance-too|a/envinonnlent8|-historin 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' bui|dimQo, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing bui|din0o, 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 vvnrk, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY23
Page 8 of 41 Tukwila, E24-242
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 receved by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
7. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through
200.327 and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1.
the Subrecipient must notify the Department. The Department may request pre -
procurement documentn, such as request for proposa|o, invitations for bids and
independent cost estimates. This requirement must be passed on to any non-federal entity
to which the Subrecipient makes a subawmvU, at which point the Subrecipient will be
responsible for req uesti ng and reviewing pre-procu rement docu ments.
b. For alt sole source contracts expected to exceed the micro -purchase threshold per 2 CFR
300.1' 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 aubovvard, 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.
c. The Subrecipient as well as its contractors and subcontractors must comply with the Build
Amnarica, Buy America Act (BABAA), which was enacted as a part of the Infrastructure
Investment and Jobs Act §§ 70901-70297. Pub. L. No. 117-58 (2021); and Executive
Order 14005. Ensuring the Future is Made in Alt of America by All of America's Workers.
BABAArequires any infrastructure project receiving federal funding must ensure:
i. All iron and steel used in the prject are produced in the United States. This means
all manufacturing prnnesses, from initial melting stage through the appUcation of
coatings, occurred in the United States.
ii.
All manufactured products must be produced in the United States. For a
manufactured product to be considered produced in the United States, the cost of
the components of the manufactured product that are nminmd, produced, or
manufactured in the United States must be greater than 55% of the total cost of alt
minimum amount of domestic content of manufactured pnoduct, unless subject to
another standard.
iii. All construction materiais are manufactured in the United States. This means that
all manufacturing processes for construction material occurred in the United States.
Additionally, applicable infrastructure projects are subject to domestic preference
requirements. A domestic preference does not apply to non -infrastructure spending under
an award that aiso includes a covered project.ject. A domestic preference applies to an entire
infrastructure pject, even if it is funded by both federal and non-federal funds under one
or more awards.
i. Domestic preferences under BABAA only apply 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 uuppHes, such as temporary
soofho|ding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a domestic preference apply to
equipment and furnishings, such as rnovabie chairs, desks, and portable computer
equipnnent, that are used at or within the finished infrastructure project but are not
an integral part of or permanently affixed to the structure.
ii. infrastructure, for the purposes of BABAA, includes, eta minirnum, the structures,
facilities, and equipment for, in the United States, roads, highways and bridges;
Page 9 of 41 Tukwila, E24-242
DHS'FEMA-EMPG-FY23
public transportation; dams, oorto, harbors and other maritime facilities; intercity
passenger and freight railroads; freight and intermodal facilities; airports; water
systems, including drinking water and wastewater systems; electrical transmission
facilities and systems; utilities; broadband infrastructure; and buildings and real
property. Infrastructure includes facilities that generate, transport, and distribute
energy.
iii. The Subrecipient's contractors and their subcontractors who apply or bid for an
award for an infrastructure project subject to the domestic preferenoe requirement
in the BABAA shall file a required certification to the Subrecipient with each bid or
offer for an infrastructure project, unless a domestic preference requirement is
waived by FEMA. Contractors and subcontractors must certify that no federal
financial assistance funding f�r infrastructure projects will be provided unless all the
iron, stee|, manufactured projects, and construction materials used in the project
are produced in the United States. BAB/V\, Pub. L. No. 117-58, §§ 70901-52.
Contractors and subcontractors shall also disclose any use of federal financial
assistance for infrastructure projects that does not ensure compliance with BABAA
domestic preference requirement. Such disclosures shall be forwarded to the
Subrecipient who will forward them to the Department who, in turn, will forward the
disclosures to FEMA. The BuiId America, Buy America Act SeIf-CertificaUon form
is ncIuded herein as Attachment G.
If the Subrecipient is interested in applying fore waiver, the Subrecipient should contact
the Department Key Personn& to determine the requirernents. All waiver requests must
include a detailed justification for the use of Bonde, products, or materials mined,
produced, or manufactured outside the United States and a certification that there was a
good faith effort to solicit bids for domestic products supported by terms included in
requests for pvopnaa|o, contracts, and nonproprietary communications with potential
suppliers.
8. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities is 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 Iimited to:
Review af financial and performance reports
i|.
Monitoring and documenting the completion of Agreement deliverabies
iii.
Documentation of phone calls, meetings (e.g. agendas, sign -in nheeto, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v.
Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
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.
DH8'FEMA,EKxPG-rY23
Page 10 of 41 Tukwila, E24-242
d. The Subrecipient is required to meet or exceed the monitoring anUvdios, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under ths Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action PIan.
9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the TftIe VI ofthe 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 enoi| 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
naoipients, 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, 7OFed. Reg. 21756-217gO.(April 18.
2011). The Guidance provides helpful information such as hovvm recipient can determine the
extentofi1aob|igohonto provide language services, selecting language eorvicaa, 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-omanizations-provide-
meaningful-access-people-limited and additional resources on https://www.lep.qov.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments
to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. G§ 5121 et seq.) and
Section 682ofthe Post Katrina Emergency Management Act (8U.S.C.§7S2).
A portion of the grant program is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09.
a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan (Attachment D) and the Subrecipient's approved application
for funding, incorporated into this Agreement.
b. Funding may not be used to replace or supplant non-federal funding of emergency management
programs.
c. The Subrecipient shall provide a fifty percent (50%) cash match from non-federal source(s). The
Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget
as submitted and approved in the application and documented in the Budget (Attachment F). To
meet matching requirements, the Subrecipient's cash matching contributions must be verifiable,
reasonable, eNovvob|e, al|ocmbie, and necessary under the grant program and must comply with
all state and Federal requirements and rmAu|a8ons, inn|udiog, but not limited to, 2 CFR Part 200.
An appropriate mechanism must be in place to capture, track, and document matching funds.
d. The Subrecipient shall participate in the State's Stakeholder Preparedness Review (SPR), Threat
and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data
calls. Non -participation may result in withholding of funding under future grant years.
e. Subrecipients shall participate in the State's Integrated Preparedness Planning Workshop
(IPPW). Non -participation may result in withholding of funding under future grant years.
f
If funding is allocated to non -DHS FEMA training, the Subrecipient must request prior written
approval from the Department Key Personnel bef�re attendi;ng the training. The Department will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant
DHSFEMA-E PG-FY23
Page 11 of 41 Tukwila, E24-242
g.
Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for
Training Courses Funded Through Preparedness Grants,
https://www.fema.qov/sites/default/files/2020-
04/Traininq Course Review and Approval UB Final 7 19 18.pdf^ the training must fall within
the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan.
This requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
All personnel funded in any part through federa award or matching funds under this Agreement
shal'I complete and record proof of cornpletion of:
iN|K4Gtraining Independent Study (I5):|S-100.18-2O0,|8-7OO.and |8-8DU.and
ii. Either the FEMA Professional Development Series (PDS) IS -120, |8-230. [S-235' IS -240,
IS -241, IS -242, and IS -244, or (2) the Emergency Management Professionals Program
(EW1PP) Basic Academy |S-23O.E/L1O1'E/L102.E/L103,E/L104and E/L1O5.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 23EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 23EMPG Award Letter and its incorporated documents for the Grant, which are
incorporated and made a part of this Agreement as Attachment C.
DI-IS-FEMA-EMPG-FY23
Page 12 of 41 Tukwila, E24-242
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Horneland Secudtw/DH8V
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same m ' as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference\, except as otherwise set forth below:
�.
"Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials Iawfully
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 aubawandtoaSubrecipient
under this Agreement.
o. ^UnwmsKrmank''nneonothe8rontepp|icadonsubmittadbythnSmbreoipiamtdescribing1heproject(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 Aotivities" means all admminiotroUve, finonda|, or other review activities that are
conducted to ensure compliance with all state and federal laws, ru|ea, regu1adnns, authoriUas,
and policies.
e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entit/idmmt�edonthe Face Sheet pft�sAoreemnontthat has reom�ed aaubavvmnJ
�'
fnomtheOepaen1.Hnvvaver.0ledefindionof^Subnacjpien[ia1hemamemnin2CFR2O0.1fov
aI other purposes.
"Threat and Hazard Identification and Risk Assessment /TH|FAf" The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may naques1, in vvr)ting, an amendment or modification of this
Agreement. However, such amendment or modification shall not be bimdinQ, take effect or be
incorporated _~
� sd dheruinum1Urnodoinvvr�imgmndoign�dbv1�aouthohzedrep[aaenbativesofthe Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification ofDHS/FEK8A
approval ofthe Award performance period, followed mpwith omutually agreed written amendment, or(2)
written notification from the Department to the Subrecipient to provide additional time for completion' of
the Subrecipient's pr'oot(e).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-386. 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA' 28 CFR Part
35.
--- Subrecipient rnust comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
governmerit services, and telecommunication.
Q.
DHS-FEMA-EMPG-FY23
Page 13 of 41 Tukwila, E24-242
A.5 ASSURANCES
The Department and SubreciirtagreeUlstoUmcUvbvpuneuenttnthioAo[ggmen1viUbeinacoordonne
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGAREflNG DEBARMENT, SUSPENSION, OR INELIG1BILIT'
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 federa department or agency.
The Subrecipient shali compiete, sign, and return a Certification Regarding Debarmen, Suspension,
/nglio/b��uandNo/unta(yExch/okonfonn|oomhed8th�pa:Vnmi|.wa`qnv/requiredqnan0ormmw.Amysuchform
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 debnrrad, auepended,
proposed for dgbormon1, declared inoD0lb|e, 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-procurementtransaction (e.g., grantor cooperative
agreement) that expected to equal or exceed $25.000, and aobawarda 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.qov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred ContractorL/sy'
(https://oonurm.|ni.vva.qov/deborandstrika/CordrootVr[}eborLiot.ampn). 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 (httos://www.des.wa.qov/services/contractinq-
purchasinq/doinq-business-state/vendor-debarment).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient toany person for influencing orattempting tpinfluence anofficer oremployee nfmnagency,
a MemarofCongrmen.mnofficmroremnp|uyaaofCongreoG.oranennp|oyemOfaMernboroƒC0ngreuo
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, oontinuotiVn,
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
AoreemneDC.grant, loan, orcooperative eQreemnenLcomplete and ombm�Standard
Form -LLL, "Disclosure FbnnbrRepnrtLobbv�g.~ 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
docurnents for all subawards at all tiers (including subcontnants, subgrants, and contracts under grants,
loans, and cooperative agreernents) 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 Nadena|, 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,
/PL9O-288.moemanded),Ethics inPublic Service (RC1&/42.52).{Jovmnon1Against (�onUngent Fees (48
' CFR Section 52.203-5). Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmnta|Po|ioyAct(RCVV43.21C).Ghore|inwK8onogementActof1D7l(RCVVSO.5B).
DHS-FEMA-EMPG-FY23 Page 14 of 41 Tukwila, E24-242
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 poHcy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
canco|, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, vegu|adiona, 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 prject during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contraot, nubnontnaot, 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 |ncorpnnate, 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 foliowing provisions, as applicable:
1) [�ontna�ofor mmVrathan the nimpUfiedeoquis|Uomthreshold currently set mt $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 odrninisbaUva, 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 inexcess of$1O,OODmnuataddress tarnninationfor cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.8 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equai Employment Opportunit' (30 FR 12318,
12935, 3 CFR Part, 1964-1985 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, Equ& Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
|egis|o1ion, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federaily Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addiUon, 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. 8145\, as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
DHS-FEMA-EMPG-FY23 Page 15 of 41 TukwUa.E24'24o
Subcontractors on PubIc Building or Pubtic 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 inducin0, by any mneons, any person employed in the oonstnoct|on,
monnp|etion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100.000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not Iess than one and a haif 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 unaanitary, 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 padiao, assignment or performance of experimental, devm|opnnenta|, 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 aubgrantn of amounts in excess of
$15O.O0Omust contoinmpnuv| provision that requiresthe non-federal award to agree to comply
with all applicable stendardo, orders or regulations issued pursuant to the Clean Air Act (42
U.G.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) Debarmmentand Suspension (Executive Orders 12549and 126D9) -+A con�aotavvend(see 2
' CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for AwardyWmnagenment(SAyN),inmnnordancavviththeOyWBQmida|inesat2CFR180
that implement Executive Orders 12548(3CFR part 1g80Cnmmp..p.1DS) and 12689/3CFR
part 1909 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 Ant�LobbyingAnmendmen1(31U.S.[:.1352}--{�wntnac1orsthat apply urbid for anaward
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
Congpeme, officer or employee of Congress, or an employee of a mernber 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 ap�|itioa| subdivisionof ostate and its contractors must
comply with section 8002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-FY23
Page 16 of 41 Tukwila, E24-242
247 that contain the highest percentage of recovered materiais practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$1O.000 or the value of the quantity acquired during the preceding fiscal year exceeded
$1O.000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access bythe Depo�nlgnt.the ��ubnacipient.the federal avvardimgagency, the Conlctro||er
General of the United S1abaa, or any of their duly authorized representatives to any bnoho,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of makThg audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subnacipiemt has made final
payments and aPI 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.L84-183,89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with |avv, the non -
Federal entity ahou|d, to the greatest extent practicable under a Federal awmnd, 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 contnanL, subcontract,
purchase order, or sub -award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 280.218' prohibitions regarding certain telecommunications and video
surveillance services nroquiprneotonsmnmndsded by section 889 of the John S. McCain
National Defense Authorizatiori Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 1Y5 -
232(20Y0.
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
Subrecipie0tond Department to make a determination on eligibility of pject 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 Subrecipients 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 nmgoOaUon, 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.
DHS-FEMA-EMPG-FY23
Page 17nf41 Tukwila, E24-242
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, wiI protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and e0p|oyeeg, from all c|oims, actions, nuote, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, nubreoipiento,
assiSms, agenba, contractors, consultants, |ioannees, invi1eas, 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 Iaw, 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'|iobi|ity.The Federal government shall not be Iiable 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 — AUTNORIZED 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 8ubnncipinn1, formally
designated in writing, shall have the express, imnp||ad, or apparent authority to alter, emend, nmodifv, 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 naqueats, time extension requests, amendment and
modification requests, requests for changes to pjects 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 ntotg, federa|, or other sources is vvithdnswn, 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. /\|hornat[vw|y, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 hJONASS|GNAB0L|TY
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 inu|ude, but are not Iimited 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 veterans status, or the presence of any sensory,
DHS-FEMA-EMPG-FY23
Page 18 of 41 Tukwila, E24-242
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 ot a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society ot its activities.
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 re|igion,
national origin, cremd, marital status, ago. Vietnam era or disabled veterans atatus, or the presence
of any sensory, mmmnbo[, or physical handicap. Such action shall lnc|ude, but not be limited to, the
following: Emnp|uymment, upgrading, demotion, or transfer, recruitment or recruitment selection for
1raining, 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
(C)SH/VVV|SHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Aor�emnent.Tothe extent allowed by|avv.the Subrecipient fu�heragrees toindernn|fvand hold harmless
the
Department and its employees and agents from all |iabi|ity, damages and costs of any nature,
[nduding, but not limited to, costs of suits and attorneys' fees assessed against the Dapartment, as a
result af the failure of the Subrecipient to so comply.
A.20 OWNERSH IP OF PROJECT7CAP|TALFAC]LUT|ES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Aoreamnent,and bythis oubawondnffunds does not and will not acquire any ovYnerehip
interest or title tosuch 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 pjeot.
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 Agreernent wherein the Department's name is rnentioned, or Ianguage used from
which the connection of the Department's name may, in the Department's 'mdgmment, 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 peproduny, 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, regu|mtiuns, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliarice. Such right
Page 19 of 41 Tukwila, E24-242
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, reoords, documents, reoeipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant ednnim|ctnation, and paynlents, 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 maybelnspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their dea[gneaa, by the Comptroller General of the United States or its deeiQmeen, 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 purpmoe, 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 rninimurn federa retention requirement ofthree (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKJWORK PLAN
Whiie the Department undertakes to assistthe Subrecipient with the p'ect/atetemmen1ofwmrk/workp|an
(project) by providing federal award funds pursuant to this Agneemnent, 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 10 the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and Iocal perrnits and clearances are obtained, including, but not Iimited 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 pject. The Subrecipient shaU not look to the
Do9ertmnent, or to any state or federal agency, or to any of their employees or agents, for any
performance, ossistonce, or any payment or in:demnity, ino/uding, 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 Agreemment, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severabie.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including alt AMENDMENTS)
The Subrecipient shall comply with and include the foliowing 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 oourcaa, 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"
DHS-FEMA-EMPG-FY23
Page 20 of 41 Tukwila, E24-242
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.
Subrecipients that are required to have an audit rnust ensure the auditinpwrfommedineccordaomavith
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 GAGA8, 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 Subrecipierit 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 onrnp|atad, 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
Contrmcts.OfficeanxiXwa.00n
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirenients ofthis 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
aubnlltted'. or termination of the federa 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 coveToge, unemployment insurance benefito, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.O6 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.80 77AXES, 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
DHS-FEMA-EMPG-FY23
Page 21nf41 Tukwila, E24-242
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable toAgreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at Ieast thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in who!e or in part ten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the right
to suspend all or part of the Agnaernent, 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 budge1, 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 diaoraUon, determines the Subrecipient has failed to fulfill in a
timely and proper mariner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance heraunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the AonaeMmant, or has violated any of the ouvenamte,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terrninate this Agreement in whote 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 Iiability 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 paymente,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance bnaach, pending corrective action by the Subrmcipimnt, if altowed, 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
Aoreemnentond all adnministraUvecosts direc0y related to the replacement Agreement, e.g., cost of
administering the competitive solicitation procasa, nneiUio0, 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 Iaw.
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 oontrn|, fault or nmg||genom, 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.
DHS-FEMA-EMPG-FY23
Page 22 of 41 Tukwila, E24-242
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
�����|y��.1���dyau�u��a��mp|��wm�a���mm�n��d���s
price, delivered to and accepted by the Department prior to the effective date of Agreement terninoUon, 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
AoreenmwnL|fthe termination isfor cause, the Owpa�,nentohaUdetermine the extent ofthe liability ofthe
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 Iaw.
After receipt of a notice of termination, and except as otherwise directed by the Department in vvciting,
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, smrvivaa, 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 timee, 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
contnacts, 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 M|NOR[P( 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 matab|ished, and are indicated herein: Minority
Business Enterprises: (MBE's): 1Q96and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performanceahoUbegovernedbv. the laws of the state of Washington. Venue of any suit between the parties arising
out ofthis /\oveernmntmhaUbathe SupmhCourt Washington.
execution o - this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
g.
DHS-FEMA-EMPG-FY23
Page 23 of 41 Tukwila, E24-24
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, shaU not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY23
Page 24 of 41 Tukwila, E24-242
Attachment C
23EMPG Award Letter
EMS -2023 -EP -00002
Alva rd Lefty r
U.G. Department of Homeland Security
Washington, D.C. 20472
Bret Daugherty
Washington Military Departmen
Building 20
Camp Murray, WA 98430 5122
Re: Grant NuEM8-202'EP-0OOD
Dear Bret Daugherty:
Congratulations, on behalr of the Departmentof Homeland Security, your application for financial assistance submitted under
the Fisoal Year (FY) 2023 Emergency Management Performance Grants has been approved in the amount uy07,505.716.0I
Aaocondition cf this award, you are required to contribute a cost match in the amount of $7.585.716.00ofnon-Federal funds,
or5Opercent ufthe total approved project costs oy$15.171,432.QQ.
Before you request and receive any ofthe 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)
• ObIigatng Document (attached to this AwarLetter)
~
FY 2023 Emergency Management Performance Grant Notice of Funding Opportunty.
• FEMA Preparedness Grants Manual
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award,
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1:PleaoeloQintotheNDGrantsnystemadhttpo://pprtaljema.gov
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pend'ing Tasks menu, select the
App|icatimnoob-menu.andtheno|ioKthe|inkfor'AwardOfferRoview^tmnko.Thia|imkw|UnavigateyouhoAwardPackagee
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 narne, address, Unique Entity ldentifier (UEI) riumber, EIN and banking information. Please ensure that
the UE number used in SAM is the same one used to apply for al 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 Iocated at http://www.somgov,
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.
PATRICK GERARD MARCHAM
DHS-FEMA-EMPG-FY23
Page 25 of 41 Tukwila, E24-242
Agreement Articles
Sat Oct 01 00:00:00 UTC 2022
GRANTEE:
PROGRAM:
AGREEMENT NUMBER:
Article I
Article II
Article 111
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
Washington Military Department
Emergency Management Performance
Grants
E MS -2023 -EP -00002-S01
TABLE OF CONTENTS
DHS Standard Terms and Conditions Generally
Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
General Acknowledgements and Assurances
Acknowledgement of Federal Funding from DHS
Activities Conducted Abroad
Age Discrimination Act of 1975
Americans with Disabilities Act of 1990
Best Practices for Collection and Use of Personally
Identifiable Information
Civil Rights Act of 1964 - Title VI
Civil Rights Act of 1968
Copyright
Debarment and Suspension
Drug -Free Workplace Regulations
Duplication of Benefits
Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
DHS -FE MA -EM PG-FY23 Page 26 of 41 Tukwila, E24-242
E.O.Article XVI
14O74 - Advancing Effective, Accountable Policing
and Criminal Justice Fractices to Enhance Public Trustand
Public Safety
Article XVII Energy PoIicy and Conservation Ac
Article XVIII Faise Clairns Act and Program Fraud CiviI Remedies
Artic|eX3X Federal Debt State
Article XX Federal Leadership on Reducing Text Messaging while
Driving
Article XXI FIy America Act of 1974
AMiclmXXU Hotei and Motel Fire Safety Act of 1990'
Artiule>V(U John S. McCain National Defense Authorization Acof Fiscal
Year 2019
Article}0JV Umited Eriglish Proficiency (CMI Rights Actof 1964 - Title VI)
Articla}0(V Lobbying Prohibitions
Artin|eXXV| National Environmental Policy Ac
Art|o|m>XVU| Nondiscrimination in Matters Pertaining to Faith -Based
Organizations
AndcXeXXV||| Non'Gupp|andngReqmivymemt
Article XXIX Notice of Fundng Opportunity Requirements
Article XXX Patents and lntell'ectuaL Property Rights
Artic|eXXXI Procurement of Recovered Materials
Article >CnX[| RehabiRtaflon Act of 1973
Article XXXU Reporting of Matters Related to Recipient Integrity and
Performance
Article XXXIV Reporting Subawards and Executive Compensation
Article XXXV Required Use of American Iron, SteeManufactured
Products, and Construchon Materials
ArtiuleXXXV| SAFECOM
DHS-FEMA-EMPG-FY23
Page 27 of 41 Tukwila, E24-242
Artiole>(XX/| Terrorist Financing
Artic|w)0(xyUU Trafficking Vctims Protection Act oT 2000 (TVPA)
Article XXXIX Universal Ideritifier and System oE Award Management
Article XL USA PATRIOT Act of 2001
Article XLI Use of DHS Seat, Logo and Rags
Article XLII Whistleblower Protection Act
Article XLIII Environmental Planning and Historc Preservation (EHP)
Review
Article XLIV Appkoability of DHS Standard Terms and Conditions to
Tribes
Article XLV Acceptance of Fost Award Changes
Article XLVI Dsposition of Equipment Acqured Under the Federal Award
AnbcleXLV|| Prior Approval for Modiflcation of Approved Budget
Article XLVIII Indirect Cost Rate
Articie 1 - DHS Standard Terms and Conditions Generaily
The Fiscal Year (FY)2023 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2023, These terms and conditions flow down to subrecipients unl'ess an award term or condition specifically indicates
otherwise. The United Statnhasther|ghtVoneekjudioie|enhomementmftMesenbMga\ions.
All legislation and digital resources are referenced with no digital links, The FY 2023 DHS Standard Terms and Conditions will
be housed on dhs.gov at www.dhs.gov/publicationify15-dhs- standard -terms -and -conditions.
Article II - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budet (OMB) Standard Form
424B Assurances Non -Construction Frograms, or OMB Standard Form 424D Assurances Construction Programs, as
applicable. Certain assurances In these documents may not be applicable to your program, and the DHS financial assistance
office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
U. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards Iocated at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
111. By accepti:ng this agreement, recipients, and their executives, as defined in 2 C.F,R. section 170.315, certify that their
policies are in accordance with OMB?s guidance located at 2 C,F,R. Part 200, all applicable federal laws, and relevant
Executive guidance.
Article 111 - General Acknowledgementsand Assurances
OHS-fEMA-EMPG-FY23
Page 89of41 Tukwila, E24-24
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.
IL Recipients must cooperate with any DHS compliance reviews or compliance investigatioris conducted by OHS.
11. Recipients mus give DHS access to examine and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities or personnel.
U|U
Recipients must submit timely, complete, and accurate reportsto the appropriate DHS officials arid maintain appropriate
backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law,
or detailed in program guidance.
V. Reoipiants(asdofined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial
assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaivation 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 shoutd submit the compteted toot, inctuding supporting materiats, to
CivilRightsEvaluation@ho.dhs.gov. This tooi clarifies the civil rights obligations and related reporting requirements contained
in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The
evaivation tool can be found at https://www.dhs.govipublication/dhs-civil-rights-evaluation-tool. DHS Civii Rights Evaluation
Toot 1 Homeland Security
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
Qvi|RightsEva|uadon@hq.dUn8ovpriorbooxpinyUonofbhe30-doydead|ino.
Article IV - Acknowledgement of Federal Funding from DI -IS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposat, bid
invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article V - 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.
Articie VI - Age Discrimlnation Act of 1975
Recipients must comply with the requirements of the Age DiscninationActof1975.Public Law 94-135 (1975) (codified as
amended at Title 42, U.S. Code, section 6101 et seq.), which prohibitsdiscrimination on the basis of age in any prograrn or
activity receiving federa financial assistance.
Article Vil - Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles U. N. and |U ofthe Americans with Disabilities Act, Pub. L. 101-836
(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 VIII 'Best Practices for Collectioand Use pfPersonally Identifiable Informatio
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the Pll they collect, DHS defines Pll as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual,
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Article IX - Civil Rights Act of 1964 - Title VI
DHS-FEMA-EMPG-FY23 Page 29 of 41 Tukwila, E24-242
Recipients must cornply with the requirements of Title VI oflhe Civil Rights Act of1964(codified asamended a142U.S.C.
section 2000d et seq,), which provides that no person in the United States will, on the grounds ot race, cobr, 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 X'Civil Rights Act cf1068
Recipients must comply with Tite VIll of the Civil Rights Act of1908 Pub. L. 90-284oaamended through Pub. L113-4,
which prohibits recipients from discriminating in the sale, rental, financing,nd 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
42U.EiC.sectiom30}7etoeq).aoimp|ementedbytheU.8.DepertmentofHomoimg'andUrbamDevelopmentat24C.F.R.
Part 100. The prohibition on disability disorimination inoludes the requirement that new multifarnily housing with four or more
dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildingsith elevators and
ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24C.F.R.
Part 100, Subpart D.)
Article XI - Copyright
Recipients must affix the applicable copyright notices of 17 U,S.C. sections 401 or 402 and an acknowledgementof U.S.
Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Article XII ' Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.)
12549 and 12689, which are at2C.F.R.Part 18Oasadopted byDHS et2C.F.R.Part 3OO2.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 XIII - Drug -Free WorplacaRe#ulations
Recipients muscomply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an iridividual) 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 Acof1988(41U.G.C,sections 0101-81D6).
Article XIV- Duplication of Benefits
Any cosallocable tooparticular federal fin:ancial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies;
to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or
for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two
or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and
conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions
imposed by fed'eral statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.
Article XV - Education Amendments of 1972 (Equal Opportunity in Education Act)'Title |X
Raoipientamuntoump|ywithther*quirementoayT|tle|XoftheBducabunAmondmenteof1Q72,Pub.L92'518(1872)
(codified asamended at2OUS.C.section 1R81 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
pmgnanmnrsctivityoaoeivingfedero|finamoia|assisUance,QH8implement|ng regulations are codified at 6 C.F.R.Part 17and
44 C.F.R. Part 19.
Article XVI -E/O.14074'Advancing Effective, Accountable Policing and Criminal Justice Practices tnEnhonnePuWic
Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of
E.O. 14074.Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O, 14074 to support safe and effective policing.
Article XVU - Energy PoIicy and Conservation Act
DHS-FEMA-EMPG-FY23
Page 30 of 41 Tukwila, E24-242
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (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 XVII|-Fa|se Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the Faise Claims Act, 31 U.S.C, sections 3729-3733,which prohibit the
submission of false or fraudulent claims for payment to the Federal Government. (See 31U.S.C.sections 38O1'3EM2.which
details the administrative remedies for faise claims arid statements made.)
Article XIX - Federal Debt Status
Ali recipients are required to be non-deUnquent in their repayment of any federall debt. Examples of relevant debt include
delinquent payroll and other taxesaudit disallowancesarid benefit overpayments. (See OMB Circular A-129.>
Article XX - 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 ori behalf of the Federal Goverriment.
Article XXI - FIy America Act of 1974
Recipients must comply with Preference for U.S. FIag Air Carriers (air carriers holding cerWicatesunder 49KS.C.)for
international air transportation of people and property to the extent that such service is availabte, in accordance with the
hternational Air Transportation Fair Cornpetitive 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, 1Q01.amendment toComptroller GeneroU
Decision B-138942.
Article XXII - Hotel and MoteFire Safety Act of 1990
Recipients must ensure that aPI coriference, meeting, convention, or training space funded iri 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.0 section 2225a.
Article XXI[|~John S. McCain National Defense Authorization Act of FiscaI Year2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889
ofthe John 5, McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L No. 115-232 (2018) and 2 C.F.R.
sections 2OO.210.20[\327.2OO.471.and Appendix |tto2C.F.R.Part 2OO.Beginning August 18.2O2O.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.
ArticWXKK/-L|mited Engiish Proficiency (CiviI Rights Act of 1964 - TitIe VI)
Recipients must comply with Titie VI ofthe 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:
hopoz/www.dho.gmv/guidamma'pub|)aheg'he|p'depertmnent'nupported'orgmn|aaUon*pmvide-meaningfu|'mooeee-peop|e-l|mited
and additional resources on http://www.Iep.gov.
Article XXV-LohbyinWPmhibitions
Recipients rnust 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 ernployee of a Member of
Congress in connection with any federal action related to a federal award or contract, including any extension, continuation,
renewal, amendment, ormndifiosdion
Article XXVI - National Environmental Policy Act
DHS-FEMA'EMPG-FYzy
Page 31of41 Tukwila, E24-242
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 futm
generations of Americans.
Article XXVII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS pdicy to ensure the equal treatmenit of faith -based organizations In sodal service programs adrnnistered 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
Port 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in
individual DHS programs.
ArtideXXVN ~ Non -Supplanting Requirement
Recipients receivng federal financial assistance awards made unider programs that prohibit supplanting by law musensure
that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal
sources,
Article XXIX - Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOF0) for this
program are incorporated here by reference in the award terms and conditions, Ail recipients must comply with any such
requiremerits set forth in the program NOFO.
Article XXX - Patnts and Intellectual Property Rights
Recipients are subjectto the Bayh-Dole Act, 35 U.S.C. section 200et seq, unless otherwise provided by Iaw, Recipients are
subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
aL37C.F.R. section 401.14.
Article XXXI - Procurement of Recovered Matenais
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
Pub LDS'272(1965).(codified ovamended bythe Resource Conservation and Recovery Act, 42i1S.C.section 69O2)
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 XXXIt - Rehabilitation Actof 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of1973.Pub. L93-112(1973) (codified
as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, sdely by reason of the tandicap, be exduded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article XXXIII - Reporting of Mtters Related to Reciplent 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 Iocated at 2 C.F.R. Part 200, Appendix XlI, the full text of which is incorporated here by
reference in the award terms and conditions.
ArticleXoXuV-RepodingSubamsrdsaod Executive Compensation
Reporting of first tier subawards:
DHS-FEMA-EMPG-FY23 Page 32 of 41 Tukwila, E24-24
Recipients are required to comply wiTh the requirements set forth in the award term on Reportng 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 XXXV-Required Use of Arnerican Iron, SteeI, Manufactured Products, and Construction Materials
Recipientsmmstuomplyvviththa"BuUdAmehoa.BoyAmehcm~pmvoionnofthe|nfroutmuume|nveotmen and Jobs Acand
E.O. 14005. Recipients of an award ot Federal finandal assistance from a program for infrastruoture are hereby noLified that
none of the funds provided under this award may be used for a project for infrastructure unless:
(1) aU iron and steel used in the project are produced nthe United States --this means all manufacturing processes, fromthe
initial rnelting stage through the appl'ication 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
mariufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
(3) all construction materials are manufactured in the United States -this means that all manufacturirig 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 snaffold|ng,
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 appty for, and the agency may grant, a waiver from these requirements. Information on the
process for requesting a waiver from these requirements is on the website below,
(a) When the Federal agency has made a determination that one of the fol'Iowing exceptions applies, the awarding official may
waive the application of the dornestic content procurernent preference in ariy 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 avaiabIe quantities or of a satisfactory quality; or
() the inolusion of Iran, steel, manufactured products, or construction materials produced in the United States will increase the
cost 0! the overaH project by more than 25 percent.
A request to waive thie application af the domestic content procurement preference rn:ust 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 Iess thani 15 days and must be reviewed by the Made in America Office.
There may be instances where an award quaiifies, in whole or in part, for an existing waiver described at Buy America'
Preference in FEMA Financial Assistance Programs for Infrastructure 1 FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards frorn in!rastructure programs that are
subject to the 'Build America, Buy America' provisions. Rodpientaahou|dnefertatheNctiuecfFunghmgOpportunityforfurthor
information on the Buy America preference and waiver process.
Article XXXVI - SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication
equipment and its reated activities must comply with the SAFECOM Guidance for EmergenCommunication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Article XXXVII - Terrorist Financing
Recipients must comply with E,{I13224and U.S.laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associated with terrorism. Recipients are legaily responsible to ensure compliance
with the Order and laws.
DHS-FEMA-EMPG-FY23
Page 33 of 41 Tukwila, E24-242
Article XXXVIH - Traffucking 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 Acaf20WQ(TVPA).codified asamended e122U.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 XXXIX - Universal Identifier and System of Award Management
Requirements for System or Award Management and UniquEntity Identifier Recipients are required to compwith the
requirements set forth in the government -wide flnancial assistance award term regarding the System for Award Management
and Universal Identifier Requirements located at 2 CFR. Part 25, Appendix A, the full textofwhich 16 incorporated here by
reference.
Article XL - USA PATROT Act of 2001
Recipients must comply with requirements of Section B17 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept arid Obstruct Terrorisrn Actof 2001 (USA PATRIOT AuU.which amends 180.{iC.sections 1757
175c.
Article XLI-Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAQ prior to using the DHS sea(s), logos, crests or reproductions of flags
or likenesses of DHS agency otficias, including use of the United States Coast Guard seal, logo, crests or reproductions of
{Iags or ikenesses o Coast Guard officials.
Article XLIU-VVhistlebbvwerPnoteutumAct
Recipients must comply wlth the statutory requirements for whistleblower applicable) at 10 U.8.0section 2409,
41 U.S.C. section 4712, and 10 U.S Csection 2324 41 U.S.C, sections 4304 and 4310.
AM]cleXLJU-EmxironnnentalPlamningnndHistoric Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmenta Planning and Historic Preservation (EHP) review are subject
to the FEMA EHP review process. This review does not address all federal, stat,and|ooa|requiemenhs./coeptanceof
federal Funding requires the recipient to cornply with aI 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 Pohcy Act; Nationa Historic
Preservation Act of 1966 as amended National Flood Lnsurance Programnegu|et|onn;andanyothorapp|iroble|awsond
executive orders. General guidance for FEMA's EHP process is available on the DHS/FEM A Website. Specific applicant
guidance on how to submit information for EHP review depends on the individua grant program and applicants should contact
their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The
EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA
may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through
entity, if applicable, and DHS/FEMA.
Article XLIV - Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to sub -recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article XLV - Acceptance of Post Award Changes
DHS-FEMA-EMPG-FY23
Page 34 of 41 Tukwila, E24-242
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 conthtioris, recipients wiR be notifled of tFie changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acoeptance of the changes to the
award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to: ASK-GMDgema.dhs.gov if you have any
questions.
Article XLV'Disposition ofEquipment Acquired Undethe Federal Award
For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state sub-
recip|onta'wUenthatequipment|ano|ongernoededfhrtheariQime| project or prograni or for ather activities currently or
previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition
ufthe equipment pursuant bo2C.F.R.section 20Q.313 Siate recipients and state sub -recipients must follow the disposition
requirements n aocordance with state laws and procedures.
Article XLVII - Prior Approva for MorJification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by2(�F.R.section 2OU.3U8
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, prograrns, functions, or activities, Therefore,
fbr awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently
$250,000), you may riot transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMA where the cumulati've amount of such transfers exceeds or is expected to exceed ten percent (1 0%) of
the total budget FEMA tast approved.
For purposes of awards that support both construction arid 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 pes of work
You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF -425) you submit
foliowing any budget deviation, regardless of whether the budget deviation requires prior writteri approval.
Article XLVIII - Indirect Cost Rate
2C.FR. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicabie, 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 $4,112,301OO
Fringe Benefits $1.450.558.00
Travel m8'089.00
Equipment $0.00
Supplies $4,338.00
Contractual &0.00
Construction $0.00
Vnd|mac%Chongee $355.600.00
DHG-FEMA-EMPG'FY23 Page 35 of 41 Tukwila, E24-242
Cather $9,239,849.00
DHS-FEMA-EMPG-FY23
Page 36 of 41 Tukwila, E24-242
Obligating Document for
la. AGREEMENT NO,
EMS -2023 -EP -00002-S01
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
09/21/2023
1 5. DESCRIPTION OF
a. (Indicate funding data
PROGRAM CFDA N
NAME
ACRONYM
'ard/Amendinent
2. AMENDMENT NO.
***
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
AWARD
8. PAYMENT OFFICE
FEMA Finance Center
430 Market Street
Winchester, VA 22603
5. CONTROL NO.
SX00324N2023T
DRES
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email: Askcsid@dhs.gov
13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD
Cost Reimbursement
ACTION
for awards or financial changes)
0. ACCOUNTING DATA
(ACCS CODE)
X>0{X-XXX-X=X-
=_X-XXXX-XXXX-X
•
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS
ACTION
+ OR (-)
From:
1 0/01/202 2
Budget Period
10/01/2022
To:
09/30/2025
09/30/2025
CURRENT CUMULATIVE NON -
TOTAL FEDERAL COMMITMENT
AWARD
Emergency 97.042 2023-FA-GA0I-R107- -4120-D $0,00 S7,585,716.00 $7,585,716.00 See Totals
Management
Performance
Grants
$0.00 57,555,716.00 $7,585,716.00 S7,585,716.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See lock 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients
should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT 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)
PATRICK GERARD MARCHAM,
DHS-FEMA-EMPG-FY23
DATE
Tue Sep 26 18:40:47 UTC
2023
DATE
Thu Sep 2119:07:57 UTC
2023
Page 37 of 41 Tukwila, E24-242
Attachment D
WORK PLAN
FY 2023 Emergency Management Performance Grant
EnmerQencVKHanagonmentOrgonizmtun: City of Tukwila
The purpose of EMPG is to assist with the enhancementsustanment and improvement of state,Iocal, and tribal
emergency management progrmcActivbiesconductedusimgEK4PGfundinQshuu]dre|atedirecdVtothefivemission
areas of the national preparedness goal of prevention, protection, response, recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However, there are required
capabilities that must be sustained in order to remain eligibie for EMPG funding, including but not limited to the
ability to comrnunicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include EMPG grant and local funds).
rift tr 4".47,",,,grascrill 4.4 Continuity Planning and Procedures
Primary Core Cabi| Mass Ca�Se��s
Secondary Core Capability Operational Coordination
Build or Su5tain Building
WORK PLANNED
IDENTIFIED GAP/NEED
ANTICIPATED PROJECT IMPACT
Build a small cache of preparedness
supplies of our operational staff
(Public Woks) and essential staff to
sustain themselves and continuity of
operations/government during a
disaster.
DHS-FEMA-EMPG-FY23
The City of Tukwila has an
obiigation to its conimunity to
provide a continuity of
operations anci government
services following a disaster.
This work is supported by our
Continuity of Operatioris Plan
and Coniprehensive Emergency
Management Plain
By developing a smatl cache of disaster
supplies for our operations (Public Works)
and essential staff, we are ensuring they
have the means to sustain themselves so
that they can sustain city operations.
Most of our City buildings are located in
the Southcenter District, including our
City Hall, PubIic Works, and other city
departments (Finance, etc.). While our
Police/Courts operate across the City in
another district. Currently, our Operations
Staff and Essential Staff in the
Southcenter District do not have the
preparedness items they would need to
operate 24/7following alarge disaster
where food/water/shelter would be
unavailable.
We interid to primarily use AEL 29-AFO1
FEEDbutmayaluouye09ME-01'COT3
and other related AELs.
Page 38 of 41 Tukwila, E24-242
Attachment E
TIMELINE
FY 2023 Emergency Management Performance Grant
DATE
TASK
June 1, 2023
Grant Agreement Start Date
September 30, 2024
Grant Agreement End Date
November 15, 2024
Submit final reimbursement request, final
requirement report, and/or other deliverables.
report,
training
The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursement due dates, all allowable costs should be submitted on the
next scheduled reimbursement due date contained in the above Timeline.
DHS-FEMA-EMPG-FY23
Page 39 of 41 Tukwila, E24-242
Attachment F
BUDGET
FY 2023 Emergency Management Performance Grant
23EMPG AWARD
12,256.00
SOLUTION
AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT
0,1 nV'AVMTRNT.V.V...YLqdnT.YMVMVMRnPMITaaVEPNVZMVRMMNND.BZMnr...VePadaWhn,I,VMMVV..nrAn=rCl g.:EaVaann.21.T 2,720a IMMO= kEPNIMMeragaZIEIME InflaganT,
Personnel & Fringe Benefits
z Travel/Per Diem
▪ Supplies
Consultants/Contracts
- $
▪ Other
Subtotal $
ORGANIZATION
Personnel & Fri nge Benefits
Travel/Per Diem
Supplies
Consultants/Contracts
Other
Subtotal $
Personnel & Fringe Benefits
LLI Travel/Per Di em
u Supplies
cc
L LI Consultants/Contracts
X
L U Other
Subtotal
Personnel & Fringe Benefits
Travel/Per Diem
E Supplies
Consultants/Contracts
Other
12,256
12,256
Su btota
$
a.
5 Equipment
Subtotal
$
Personnel & Fringe Benefits
Travel/Per Diem
Supplies
2 Cons ulta nts/Contracts
Other
Subtotal
Indirect
Indirect Cost Rate on file 0.00% for Time Period of. N/A
TOTAL Grant Agreement AMOUNT: $ 12,256 12,256
The Subrecipient will provide a match of $12,256 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount
will not be reimbursed without prior written approval from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 733PT EMPG
DHS-FEMA-EMPG-FY23 Page 40 of 41 Tukwila, E24-242
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF-CER0FICAT1ON
The undersigned certifies, to the best of their knowledge and belief, that:
The BuiId America, Buy America Ac(BABAA) requires that no federal financial assistance for "infrastructure"
projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the
project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Insert Pject Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. Alt iron and steel used in the projectopeppoducedinUleUnitedS1ates.ThinmmaansaUnlanUfantuMng
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cosof the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% 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.
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 [Contractor or Subcontractor], •-• 4// e�/c-1� affirms and
accuracy of each statement of its certiflcation and disclos'uif any. In addition, the [Contractor or
Subcontractor nderstandsondoQnaesthmtthe9rovieions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Dail an'KStatenment to this certification and disclosure, if any."
Signa re of [Contractor's or Subcont Authorized Official
Enter Name and Title f/e'i F:k6;-ie trk
Name and Title of [Contractor's or Subcontracto '
Date /
DHS'FEMA-EMPG-FY23
Au h rized Official
Page 41 of 41 Tukwila, E24-242
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
PROJECT DESCRIPTION
23 EMPG
CONTRACT NUMBER
E24-242
1. AUTHORIZING AUTHORITY
SIGNATURE
PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
Allan Ekberg
Mayor
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIG ATURE
I— PRINT OR TYPE NAME
TITLE
David Cline
City Administrator
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE
PRINT OR TYPE NAME
TITLE
Mindi Mattson
Emergency Manager
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