HomeMy WebLinkAbout24-129 - Washington State Military Department - 2024 Emergency Management Performance Grant24-129
Washington State Military Department Council Approval N/A
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
City of Tukwila
$10,694
E25-079
15005 Tukwila International Blvd
Tukwila, WA 98188-2245
4. Subrecipient Contact, phone/email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Mindi Mattson, 206-971-8750
June 1, 2024
September 30, 2025
m.mattson tukwilawa. ov
7. Department Contact, phone/email:
8. Unique Entity Identifier (UEI):
9. UBI # (state revenue):
Deborah Henderson, 253-512-7470
UEQNMC26C8T3
179-000-208
deborah.henderson@mil.wa.gov
10. Funding Authority:
Washington State Military Depart ent the "DEPARTMENT" and the U.S. Department of Homeland Security DHS
11. Federal Award ID # (FAIN):
12. Federal Award Date:
1
13. Assistance Listings # & Title:
EMS -2024 -EP -05000
9/9/2024
97.042 24EMPG
14. Total Federal Amount:
15. Program Index # & OBJ/SUB-OBJ:
16. EIN:
$6,821,397
743PT NZ
1 91-6001519
17. Service Districts:
18. Service Area by County(ies):
19. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 11, 33,37
King County
Certified: ® N/A El
1
BY CONGRESSIONAL DISTRICT): 7, 9
❑ YES, OMWBE #
20. Agreement Classification:
21. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services ® Public/Local Gov't
❑ Contract ® Grant ® Agreement
❑ Research/Development ❑ A/E ❑ Other
❑ Intergovernmental RCW 39.34 ❑ Interagency
22. Subrecipient Selection Process:
23. Subrecipient Type (check all that apply):
FA "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
® Public Organization/Jurisdiction ❑ Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO
I ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2024 Emergency Management Performance Grant (24EMPG) 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 24EMPG DHS Award Letter for Grant No. EMS -2024 -EP -05000
("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); 24EMPG Award Letter
EMS -2024 -EP -05000 (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 sub'ect 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 year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signed by:
FIZmo'sAt.f�Ul 10/1/2024 1 2:47 PM P
10/1Z ZO94
Sign re Date Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department Thomas McLeod, Mayor
City of Tukwila
BOILERPLATE APPROVED AS TO FORM:
Dierk Meierbachtol July 12, 2024 APPROVED AS TO FORM (if applicable):
Assistant Attorney General BY CITY ATTORNEY 9/30/24. APPROVAL ON FILE.
Signature Date
DHS-FEMA-EMPG-FY24 Page 1 of 44 City of Tukwila, E25-079
Attachment
SPECIAL TERMS AND CONDITIONS
ARTICLE 1. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name
Mindi Mattson
Name
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
Peter Mayer
Name
Peter Drance
Title
Deputy City Administrator
Title
Program Manager
Email
pete.mayer@tukwilawa.gov
Email
peter.drance@mil.wa.gov
Phone
206-200-5882
Phone
253-512-7322
Name
Kayla Sainati
Name
Grant Miller
Title
Preparedness & Outreach
Title
Program Assistant
Phone
�6-465-7071
Phone
253-512-7061
ARTICLEU. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The 8ubrecpient shall comply with all applicable state and federal |avvs, ru|es, magu|ations, requirements and
program guidance identified or referenced inthis Agreement and the informational documents published by
DHS/FEMA applicable to the 24EK8PG Pnognann, inc|uding, but not limited to, all orihario, resthctiona, and
requirements of ''The U.S. Department of Homeland 8gcufity (DHS) Notice of Funding Opportunity 0VOFCU
Fiscal Year 2024 Emergency Management Performance Grant Program" (hereafter "the N(]F[)^\. the
Ffeoan*dneao Grants Manual, FN1-207-23'0001 April 2024 (hereafter "the K8anue|''). the [}HS Award Letter for
the GnaDt, and the fgd8Gs| [8gu|8tiOO5 CO0[DOO|y applicable to DHS/FEMA Qr8DtS. all of which are incorporated
herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Sub[eoipientacknovv(edOeo that since this Agreement involves federal award funding, the performance
period may begin prior to the availability of appropriated federal funds. The Subnanipient agrees that it will not
hold the Department, the State of VVashington, or the United States liable for any domegeo, o|ainn for
nainobunaement, 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 fd|ovvnQ requirements apply to all OHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS &CO0TFAdCTS BY SWBREC|PIENT
a. The Subrecipient must make o case-by-case determination whether each agreement it
makes for the disbursement of24EK8PG 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 apass-through entity by making a subaward toanon-federal
entity as its subrecipient:
The 8ubreo ientnnustconlolyvvbhaUhedena|kavvsandraguladonsanoiooblebo
pass-through entities of 24EK8PG funds, induding, but not limited to, those
contained in2CFR 2OO.
ii The Subrecipient shall require its oubreopkant(s) to comply with all applicable
state and federal |avvs, ru|es, regu|aUons, raquirernents, and program guidance
identified or naheranmad in this Agreement and the informational documents
published by DHS/FEMA applicable tothe 24EN1PG Pnogrom, ino|udinQ, but not
limited to, all oriterio, nestriotions, and requirements of the NOFC}, the Manual,
DHS-FEMA-EMPG-FY24 Page 2of44 City ofTukwila, E25-079
the DHS Award Letter for the Grant in Attachment C, and the federal regulations
commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
24EMPG federal award funds provided to its subrecipients, 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
forth in Attachment C of this Agreement.
iv. The Subrecipient must follow their own policies and procedures to eliminate or
reduce the impact of conflicts of interest when making subawards, adhering to
any applicable federal or state statutes or regulations. Any real or potential
conflicts of interest must be reported to the Department in writing upon discovery.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F),
additional documentation is required based on the applicable situation. As described in 2
CFR 200.414 and Appendix VII to 2 CFR 200:
If the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimis rate
of ten percent (10%) or 10% of modified total direct costs or choose to negotiate
a higher rate with the Department. If the latter is preferred, the Subrecipient must
contact Department Key Personnel to request approval from FEMA per 2CFR
200. 1 02(b)..
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 httos://www.asa.00v,
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. All
international travel requires prior FEMA approval.
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 Reimbursementse-mil.wa.pov no later than the due dates listed within the
Timeline (Attachment E).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
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-FY24 Page 3 of 44 City of Tukwila, E25-079
requirements ofthis Agreement and bemade available upon request bvthe Department
and auditors.
g. The Gubrecipiertmust request RLjqr written approval from Department Key Personnel to
waive or extend a due date in the Timeline (Attachment E). Waiving or missing deadlines
serves as an indicator for assessing an agency's level of risk of noncompliance with the
nsgu|ationa, nequirements, and the terms and conditions of the Agreement and may
increase required monitoring activities. For waived mrextended reimbursement due dates,
all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Any request for o waiver or extension of a duo date in the
Timeline will be treated as a request for Amendment of the Agreement. This request must
besubmitted hothe Department Key Personnel sufficiently in advance ofthe 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 onurbefore the Grant Agreement End Date, and
the final FeinnbVr5gOOeOt 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
Subracipientto provide additional time for completion of the Subnaoipiont's project(s). If
funds are not required, the Subreoipientshall notify the Department Key Personnel.
i. All costs for equipment and supplies must be inounred, and items received, before the
Grant Agreement End []ate.
Failure bosubmit timely, accurate, and complete reports and reimbursement requests aa
required by this Agreement (ino|uding, but not limited to, those reports in the Timeline
(Attachment E]will prohibit the SubPedpientfrom being reimbursed until such reports and
reimbursement requests are submitted and the Department hos had reasonable time to
conduct its review.
k Final reimbursement requests will not be approved for payment uDb| the Sub[gCpi8Ot is
current with all reporting [gquiFern8DtS COOt8iD8d in this Agreement.
|. Avvrtten amendment will be required if the 8ubrecjpient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent /1OY6>of the Grant Agreement Amount. Any changes hobudget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
Department.
M. 8ubreoipientg shall only use federal ovvmnd 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 8ubnacipient may be required to demonstrate and
document that o reduction in non-federal resources occurred for reasons other than the
receipt orexpected receipt offederal funds.
3. REPORTING
e. With each reimbursement request, the Subped ientshoUpepmthovvthe expenditures, for
which reimbursement is sought, relate to the Work Man (Attachment [)\ activities in the
format provided bythe Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report (in the format provided by the Department) describing all
completed activities under this Agn*ement, statue of training course completion by
individual pensonne|, how the match was met and doounnented, and progress made with
N(]G implementation.
The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA)and related OMBGuidance consistent with Public Law 1OS-282asamended
by section 6202(a) of Public Lovv 110-252 (see 31 U.B.C. 0101 note) and complete and
return to the Department onAudit Cerbficodon/FFATA Form. This form is required to be
completed once per calendar year, per Subraoipiant, and not per agreement. The
DHS-FEMA-EMPG'FY24 Page 4nf44 City ofTukwila, E25 -07S
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 document compliance with the National Incident Management System (NIMS), the
Subrecipient shall complete the annual NIMS survey conducted by Washington
Emergency Management Division (EMD).
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, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training, 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 II section 3.c. for associated reporting requirements. The list of
objectives used for progress and achievement reporting can be found at
https://vwvw.fema.qov/emerciency-managers/nims/implementation-training.
d. FEMA requires 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://www.fema.gov/sites/default/files/documents/fema nims-nos-imolementation-
objectives fact-sheet.pdf. Only EMPG-funded deployable personnel (determined by the
Subrecipient) will be required to meet NQS certification requirements.
For 24EMPG NQS Phase 2 of implementation, Subrecipients must:
i. Design procedures for an organizational qualification system and subsequently
document approval.
ii. Ensure designated EMPG-funded deployable personnel meet the minimum
training requirements for their job title/position qualification.
iii. Track qualification, certification and credentialling for EMPG-funded deployable
personnel.
iv. Describe the status of implementation as a part of the annual NIMS survey
conducted by EMD staff at the end of the calendar year.
V. Note within the EM PG final report which EM PG 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:
DHS-FEMA-EMPG-FY24 Page 5 of 44 City of Tukwila, E25-079
Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the 8ubred ient.
or o recognized non-federal entity to which the 8ubracipient has made a
oubovvand, for which a omntnaot. Gubrecipient grant oQroement, or other means
of legal transfer ofownership is in place.
All equipment, and supplies as app|icab|e, purchased under this Agreement will
berecorded and maintained inthe Gubneoipient'a inventory system.
iii. Inventory system records shall include:
A. Description ofthe property
B. Manufacturer's serial number, orother identification number
C. Funding source for the property, including the Federal Award Identification
Number (FA|N)(Face Sheet, Box 11)
Q. Assistance Listings Number (Face Sheet, Box 15)
E. Who holds the title
F. Acquisition date
G. Cost ofthe property and the percentage offederal participation inthe cost
H. Location, use, and condition ofthe property st the date the information was
reported
|. Disposition data including the dote of disposal and sale price of the
property.
iv. The SVb[eoipient shall take a physical inventory of the equip0eDt, and supplies
as app|icob|e, and reconcile the results with the property records otleast once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the n»oonda ahe|| be investigated by the
Gubreoipiant to determine the cause of the difference. The Subnaoip|ent sha||, in
connection with the iDveOtory, verify the existeOCe, current uti|izgtioO, and
continued need for the equipment.
V. The Subrenipimnt aho|| be responsible for any and all operational and
maintenance expenses and for the safe operation ofthe equipment and supplies
including all questions of liability. The Sub[ecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipnnent, and supplies
osapplicable, are well maintained and kept ingood operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall
be investigoted, and a report generated and sent to the Department's P{oy
Personnel.
vii. The Gubreoipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the 8ubnaoipignt is authorized or required to sell the propertv, proper sales
procedures must be established and followed to ensure the highest possible
return. For diaposition, if upon termination or at the Grant Agreement End [)ate,
when original orreplacement supplies orequipment acquired under afederal
award are no longer needed for the original project or program or for other
activities currently orpreviously supported byufederal awarding agency, the
8ub[ecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5.000 in hnto| aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
DHSFEMA-EMPG-FY24 Page 0of 44 City of Tukwila, E25-079
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair -market value of $5,000 or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair -market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
C. Notify Department Key Personnel to initiate the disposition process by the
federal awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
C. Allowable equipment categories for the grant program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at
https://www.fema.gov/grants/guidance-tools/authorized-equipment-list. 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 might require more than one waiver. The Subrecipient must contact the
Department Key Personnel for assistance in identifying what waivers are needed and in
seeking FEMA approval prior to acquisition.
e. 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.
Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
state and DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
g. 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 httos://www.cisa.gov/safecom/fundinq, including
provisions on technical standards that ensure and enhance interoperable
communications.
DHS-FEMA-EMPG-FY24 Page 7 of 44 City of Tukwila, E25-079
Effective August 13.2O20.FEMA recipients and aubrecpiont .00vveUaetheirnontraotons
and subcontractors, may not obligate orexpend any FEMA award funds to:
i. Procure or obtain any equipnnant, myatenn, or service that uses covered
telecommunications equipment or services as o substantial or essential
component ofany system, orascritical technology Vfany system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or oamioas as o
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, mxtend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component ofany system, oroocritical technology aspart ofany system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John GL McCain National Defense
Authorization Act for Fiscal Year 20/9(FY 2D/B , Pub. LNo. 1Y5-232/2DY0and
2 CFR 208216, 200,327, 208471, and Appendix // to 2CFf7200. Recipients and
subrecipients may use DHS/FEMA grant funding to procure replacement equipment and
services impacted bythis prohibition, provided the costs are otherwise consistent with the
requirements ofthe Manual and the N{}F{}.
Per subsections 889(OCD-K3) of the FY 2013 ND/A. and 2 CFR 200.210. covered
telecommunications equipment orservices means:
iv. Telecommunications equipment produced byHuavveiTechnologies Company or
ZTECorporation (or any subsidiary D[affiliate ofsuch eOtiUed;
For the purpose ofpublic safety, security ofgovernment facilities, physicaloecuritv
surveillance of critical iOfrastnuotuFe, and other national security purposee, video
surveillance and telecommunications equipment produced by Mytana
Communications CorponaUon, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
vi. Telecommunications 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 [)efense, in consultation with the
OireobJ[ Of NBtiOD8| Intelligence or the [)i[gCtO[ of the Federal Bureau Of
|nvoShQ8dDO. [88sOOab|y believes to be an entity owned Or C0DtrO||8d by. or
otherwise connected to, the government ofacovered foreign country.
The Subrenipientmust pass through equipment and supply management requirements
that meet o[exceed the requirements outlined above to any OoO'fRdgFa| entity tOwhich
the GubnacipieOtmakes asubavvardunder this Agreement.
Gi ENVIRONMENTAL AND HISTORICAL PRESERVATION
o. The Gubrecpiant shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at all of which
are incorporated |nand made apart ofthis Agreement.
h. Projects that have historical impacts qrthe potentialtoimpact the environment, including,
but not limited to, construction of ounnrnuniooUon towers; modification or renovation of
existing bui|dings, structures and facilities; installation of sonar system; or new
construction including replacement of facilities, must participate in the DHS/FEMA EHP
review process prior to initiation. Modification of existing bui|diOQS, including minimally
invasive improvements such as attaching monitors to interior vveUs, and training or
exercises occurring outside in areas not considered previously dieturbed, also require a
DHS/FEMA EMPreview before project initiation.
DHS'FEMA-EMPG-F924 Page 8of44 City nfTukwila, E25 -07S
C. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
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 documents, such as request for proposals, invitations for bids and
independent cost estimates. This requirement must be passed on to any non-federal entity
to which the Subrecipient makes a subaward, at which point the Subrecipient will be
responsible for requesting and reviewing pre -procurement documents.
b. For all sole source contracts expected to exceed the micro -purchase threshold per 2 CFR
200.1, the Subrecipient must submit justification to the Department for review and
approval. This requirement must be passed on to any non-federal entity to which the
Subrecipient makes a subaward, at which point the Subrecipient will be responsible for
reviewing and approving sole source justifications to any non-federal entity to which
Subrecipient makes any award.
C. The Subrecipient as well as its contractors and subcontractors must comply with the Build
America, 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 All of America by All of America's Workers.
BABAA requires any infrastructure project receiving federal funding must ensure:
i. All iron and steel used in the project are produced in the United States. This means
all manufacturing processes, from initial melting stage through the application of
coatings, occurred in the United States.
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 mined, produced, or
manufactured in the United States must be greater than 55% of the total cost of all
minimum amount of domestic content of manufactured product, unless subject to
another standard.
iii. All construction materials 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 also includes a covered project. A domestic preference applies to an entire
infrastructure project, even if it is funded by both federal and non-federal funds under one
or more awards.
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 supplies, such as temporary
scaffolding, brought to the construction site and removed at or before the
completion of the infrastructure project. Nor does a domestic preference apply to
DHS-FEMA-EMPG-FY24 Page 9 of 44 City of Tukwila, E25-079
equipment and furnishings, such as movable ohains, deoka, and portable computer
equipment, that are used at or within the finished infrastructure project but are not
anintegral part oforpermanently affixed tothe structure.
ii. |nfrastructune, for the purposes of BAEl4A, inn(udes, at a nnin{nounn, the struutures,
teci/ibes, and equipment for. in the United Statea, roada, highways and bridges;
public transportation; d80S, pOrtS, harbors and other maritime facilities; intercity
passenger and freight railroads; freight and intermodal facilities; airports; vvobar
sysbama, including drinking water and wastewater systems; e|ootrioo| transmission
facilities and ayabanns; utilities; broadband infrastructure; and buildings and real
property. Infrastructure includes facilities that genenata, bansport, and distribute
energy.
iii. The 8ubracpient's contractors and their subcontractors who apply nrbid for an
award for an infrastructure project subject to the domestic preference requirement
in the BABAA shall file a required certification to the Subnaoip(mntwith each bid or
offer for on infrastructure project, unless e domestic preference requirement is
waived by FEMA. Contractors and subcontractors must certify that no federal
financial assistance funding for infrastructure projects vviUbaprov|dedun|esso||the
iron, stae|, manufactured projects, and construction materials used in the project
are produced in the United States. B/\BAA, Pub. L No. 117'58. §§ 70901-52.
Contractors and subcontractors shall also disclose any use of federal financial
assistance for infrastructure projects thatdoesnntenaureconnp|iancevv|thBABAA
domestic preference requirement. Such disclosures shall be forwarded to the
SubFenipientwho will forward them to the Department who, in tu[O, will forward the
disclosures to FEMA. The Build America, Buy America Act Self- Certification funn
isincluded herein msAttachment G.
|fthe Suhraopkantisinterested inapplying for awaiver, the 8ubreo ientshou|doontact
the Department Key Personnel todetermine the requirements. All waiver requests must
include a detailed justification for the use of gOods, p[oducts, or materials OniDed,
ppoduced, or manufactured outside the United States and acertification that there was a
good faith effort to solicit bids for domestic products supported by terms included in
requests for pnoposa(a, oontnacts, and nonproprietary communications with potential
suppliers.
EL SUBQIECIP|ENT MONITORING
o. The Department will monitor the activities ofthe 8ubreo ientfromavvandtoolosoouLThe
goal of the Department's monitoring activities is to ensure that subreoipiants receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requinannenta, federal grant Quidance, and applicable federal and state financial
regulations, eswell oo2CFR Part 2OOSubpart F.
b. Todocument compliance with 2CFR Part 2OOSubpart Frequirements, the 8ubreoipien[
shall complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.u.
C. Monitoring activities may include, but are not limited to:
i Review offinancial and performance reports
ii. Monitoring and documenting the completion ofAgreement deliverables
iii. Documentation of phone calls, meetings (e.g. omendos, sign -|m sheets, meeting
nninutes).e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work p|on, budQet, and federal
requirements
Observation and documentation of Agreement related acdvides, such as
exercises, training, events, and equipment demonstrations
DHS-FEMA-EMPG-FY24 Page 10of 44 City ofTukwila, E25-079
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
FEMA Policy FP -256-23-001 (www.fema.gov/sites/default/files/documents/fema )policy-
language-access.pdf) further stresses this requirement applies to anyone awarded FEMA
funding. Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/quidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on https://www.lep.gov.
b. Subrecipients are encouraged to perform and document their analysis of the most
appropriate language assistance services necessary to ensure a LEP individual has
meaningful access to the Subrecipient's programs and activities. The analysis should
consider
i. The number or proportion of LEP individuals eligible to be served or likely
encountered by the program
ii. The frequency with which LEP individuals come in contact with the program
iii. The nature and importance of the program, activity, or service provided by the
program to people's lives
iv. The resources available to the program and costs
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. §§ 5121 et seq.) and
Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762).
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.
DHS-FEMA-EMPG-FY24 Page 11 of 44 City of Tukwila, E25-079
b Funding may not be used to replace or supplant non-federal funding of emergency management
C. The Gubreopientshall provide afifty percent /5O%Jcash match from non-federal sounce(a).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,
reaaongb|o, o||ovvob|e, a||ocab(g, and necessary under the grant program and must comply with
all state and Federal requirements and nsgu|oUons, inc|uding, but not limited to. 2 CFR Part 200.
Anappropriate mechanism must beinplace tncapture, track, and document matching funds.
d. To gather data for the required FEMA deliverables (i.e., Stakeholder Preparedness Review [SPR],
Threat Hazard Identification and Risk Assessment [THI RA]), EM D is piloting a three-year County
Emergency Preparedness Assessment /CEPA\ process with workshops, occurring inothird of
the 39 counties each calendar year 2O24-2O2O. The 8ubnenipientnlust participate in a CEPA
workshop located in their county and in any follow-on data calls to receive EMPG funding.
e. Gubnaoipients shall participate in the State's Integrated Preparedness Planning Workshop
(IPPW). Non -participation may result in withholding of funding under future grant years.
|ffunding imallocated tonon-FEMA training, the Gubrmo ientmuatrequest ' written approval
from the Department Key Personnel before attending the training. The Department will coordinate
approve/ with the 8bsha Training Point of Contact. Pursuant to DHS/FEMA Grant Programs
Directorate Information Bulletin No. 432. Review and Approval Requirements for Training
Courses Funded Through Preparedness Grants,
. the training must ha|| 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.
Furtherrnona, additional federal approvals are required for courses that na|ata to Countering
Violent Extremism prior toattendance.
g. All personnel funded iOany part through federal award O[matching funds under this Agreement
shall complete and record proof of completion of:
i N|K88tnaning Independent Study (IS): |S-100 |8-200. |S-700, and |0-800. and
Either the FEMA Professional Development Series (PDS) |S-120. |G-230. |8-235. |S-240.
|S-241.|S-242.and |G-244.orthe Emergency Management Professionals Program (E&4PF)
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 24EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 24EMPG Award Letter and its incorporated documents for the Grant, which are
incorporated and made a part of this Agreement as Attachment C.
DHS-FEMA-EMPG-FY24 Page 12of 44 City of Tukwila, E25-079
Attachment B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
C. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336,42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations,
state and local government services, and telecommunication. If the ADA does not apply to the
Subrecipient because the Subrecipient is a federal recognized Indian Tribe, then the acceptance by the
Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its
inapplicability to the 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.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
DHS-FEMA-EMPG-FY24 Page 13 of 44 City of Tukwila, E25-079
A.8 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are o basis for this Agreement, the 8ubrecj iend certifies that the Subnedpiant is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating inthis Agreement byany federal department mragency.
The SubrecipientshaU nonmp|ete, eign, and return g Certification Regarding Debarment, Suspension,
Ineligibility,and Voluntary Exclusion form located at . Any such form
completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or aubrenipients or any of their principals are not debarred, suaponded,
proposed for debarmant, declared ine|igib|e, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods orservices awarded under enon-procurement transaction /g.g..grant orcooperative
agreement) that are expected to equal or exceed $25.000. and subavvards to subnecipients for any
amount. With respect to covered transactions, the Subreoipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management \ maintained bythe federal government. The 8ubrecipiant
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Deportment of Labor and Industries' "Debarred Contractor List"
). The 8ubraoipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department o[Enterprise Services' Debarred Vendor List
A7 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 ofthe
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding ofany federal controct, the making of any federal gnant, the making of
any federal |oon, the entering into of any cooperative agreament, and the extension, continuation,
[eOexwa|, amendment, or modification of any federal contract, grant, |oaO. 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 edbampbnO to influence on officer or employee of any agency, a Member of Congnass, on
officer oremployee ofCongress, or an employee of Member ofCongress in connection with this
Agreement, grant, |nmn, or cooperative agreement, the ��ubrecipientvvi|| complete and submit Standard
Fm[Ol-LLL. ''D�n�oauaeFo�DbnReport Lobbying," in accordance with its instructions; (3) and that, as
applicable, the SVbFecipieO[ will require that the language of this certification be included in the award
documents for all oubavvards atall tiers (including aubnontnacts, eubgranto, and contracts under grants,
|oons, and cooperative agreements) and that all Subrecipiente shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
nnodo or entered into and is o prerequisite for making or entering into this transaction imposed by 31
4`8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Gubrenpksnt and all its contractors and subrecpienta ahoU comply with, and the Department is not
responsible for determining compliance with, any and all applicable fedena|, state. and local |ovvs,
regu|oUons, executive ordens. OMB Circulars, and/or policies. This obligation indudes, 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 (\OA). Age Discrimination Act of 1975. Title VI of the Civil Rights Act
of 1964. Civil Rights Act of 1868. the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288.aoomended).Ethics inPublic Service (RCVV42.52).Covenant Against Contingent Fees (48
CFR Section 52.203-5). Public Records Act (RCVV42.50). Prevailing Wages on Public Works (RCVV
39.12).State Environmental Policy Act (RCVV43.21C).Shoreline Management Act of1S71(R{}VV9O.58).
State Building Code (RCVV 19.27). Energy Related Building Standards (R{}VV 19.27A). Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
DHS-FEMA-EMPB-FY24 Page 14uf44 City ofTukwila, E25-070
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
DHS-FEMA-EMPG-FY24 Page 15 of 44 City of Tukwila, E25-079
be prohibited from inducing, by any means, any person employed in the construction,
comp|edon, or repair of public work, to give up any port of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act /40 U.S.C. 3701-3708>. Where applicable,
all contracts awarded by the non-federal entity in excess of $100.000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer o[mechanic must be required to work in surroundings or
under working conditions which are unsun(tary, hazardous or dangerous. Those
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.
0) Rights to Inventions Made Under o 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 snna|| business firm or nonprofit organization regarding
the substitution of perties, assignment or performance of experimental, developmental, or
research work under that "funding agFee[O8Ot." the recipient or Sub[eCipieOt must comply
with the requirements of 57 CFF{ 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. 7401-7871q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subQnsnts of amounts in excess of
$150.000 must C0Ot3iD 8 provision that PBquiPBS the non-federal award to agree to comply
with all applicable stendarda, orders or regulations issued pursuant to the Clean Air Act (43
U.S.C. 7401-7871q) and the Federal Water Pollution Control Act asamended (33 U.S.C.
1351-1387). Violations must be reported tothe federal awarding agency and the Regional
Office ofthe Environmental Protection Agency (EpA). ,
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties |iebad on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OM 9 guidelines at 2 CFR 180
that implement Executive Orders 1254S(3CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235). ''Debarment and Suspension." SAM Exclusions ooObaiOa the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
deo|onad ineligible under statutory orregulatory authority other than Executive Order 12549.
S\ Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $1O0.00Dmust file the required certification. Each tier certifies tothe 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
{}onOreas, officer uremployee of Congress, or an employee of a member of Congress in
connection with obtaining any federal oontnaot, grant or any other ovvord covered by 31
U.&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 totier uptothe non-federal award.
10\ Procurement mfrecovered moterio|s–Aa required by CFR 200.323, anon-fedgoa| entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal /\ct, as amended by the Resource
Conservation and Recovery Act. The requirements ofSection 0OO2 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247that contain the highest percentage of recovered materials pnactioab|a, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
DHS-FEMA-EMPG-FY24 Page 1Oof 44 City of Tukwila, E25-079
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six (6) years after the Subrecipient has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for
Infrastructure Projects," and as appropriate and to the extent consistent with law, the non -
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub -award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232(2018).
b. The Department reserves the right to review the Subrecipient's procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must
ensure that its procurement process requires contractors and subcontractors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
DHS-FEMA-EMPG-FY24 Page 17 of 44 City of Tukwila, E25-079
A. 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 |avv, theSubnecipient. its successors or assigns, will protect, save and hold
harmless the Deportment, the state of V\aahington, and the United States Government and their
authorized agents and gnnp|oygea, from all c|oinns, aotions, 000ts, dornaQga or expenses of any nature
whatsoever by reason of the acts or omissions of the Subracipient, its suboontractors, aubreoipimnts,
assigns, agents, contractors, consultants, |ioensaes, inviteeo, employees or any person whomsoever
arising out OfO[inconnection with any acts or activities authorized Uythis Agreement.
Tuthe extent allowed by law, the 8ubrgcipientfurther agrees hodefend 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 bythis 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 bevalid and enforceable only to the extent ofthe negligence ofthe Gubraoipient.
nrthe Gubrao|pignt'sagents oremployees.
Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.9 . The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A. LIMITATION OF AUTHORITY —AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations tothis Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Gubreopimnt or A|hannota for the Subreoipient, formally
designated in writ|ng, oho|/ have the expn*os, inmp|iod, orapparent authority to o|ter, omend, modifv, or
waive any clause or condition of this Agreement. Any a|tenaUon, omendment, modifioatimn, or waiver of
any clause Orcondition Ofthis Agreement isnot effective o[binding unless made inwriting and signed
by both parties' Authorized Signature nspresentativgs, except as provided for time gx1aOaiwnu in Article
A.8.
Further, only the Authorized Signature representative or Alternate for the Gubrecipient shall have
signature authority to sign reimbursement naquests, time extension requests, amendment and
modification raquests, requests for changes to projects or work p|una, and other requests, certifications
and documents authorized byorrequired under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from St@tg. f8de[8|. O[other sources is withdrawn, [eduC8d. or limited in any way
after the effective dobe of this Agreement and prior to normal completion or end doba. the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
g "Termination for Cause" without providing the Gubnaoipient an opportunity to Cure. A|tm[Oative|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. NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred orassigned by
UheGubrecpiart.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Gubnacipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements ino|ude, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipientsha|| not discriminate against any employee or
applicant for employment because of noce, oo|or, sex, sexual ohentsdon, na|igion, national nhgin,
oreed, mohbs| status, ago. Vietnam era or disabled veteran statua, or the presence of any sensory,
DHS-FEMA,EMPG'FY24 Page 1Oof44 City ofTukwila, E25'O78
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned, or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
DHS-FEMA-EMPG-FY24 Page 19 of 44 City of Tukwila, E25-079
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
8ub[ecipieDt 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 thensof, including attorney fees from the
8ubnsc}pient.
A.25 RECORDS
a. The 8ubrecipient agrees to maintain all books, reoords, dmnunnents, rgoeipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subavvapda, grant administration, and paynnents, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the "records").
b. The Subnacipient'srecords related tothis Agreement and the projects fundedmaybeinapeotgd
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designeea, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by |avv, for the purposes of determining compliance by the
Subreoipientvvith the terms of this Agreement and to determine the appropriate level of funding
tOb8paid under the Agreement.
C. The records shall bemade available bvthe 8ubrecokantfor such inspection andoudit, together
with suitable space for such purpoae, atony and all times during the Subnaoipient's mmmno|
working day.
d. The 8ubreoipient shall retain and e||ovv eooese to all records related to this Agreement and the
funded project(s) for a period of at least six (S) years following Mno| payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement Ofsix (0) years must befollowed.
A.28 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLAN
While the Department undertakes toassist the SubnacipieDtwith the project/statement ofvvVrk/vVrhp|aO
(project) by providing federal avvGPd funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than asisexpressly set out |nthis 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 Subnacipiant, as is
responsibility for any claim o[suit nfany nature by any third party related in any way tnthe project.
Prior to the start Of any CODSt[uCtiOO activity, the SubreCipi8nt Sh8|| 8nSu[8 that all 8pp|iC@b|8 f8dg[8{,
state. and |oCG| permits and C|ea[2Oceg are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental |avvs, nagu|odnnm, and executive orders.
TheGubnacipieDt shall defend, at its own cost, any and all claims or suits at law or in equity, which may
bebrought against the Subreoipientinconnection with the project. ThmSubnaoipientsha||not|oohtoihe
Dgportmant, or to any etohn or federal agenoy, or to any of their employees or egento, for any
performonce, ass(sbance, or any payment or indemnity, inn{uding, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought byany third party related to any
deeign, deve|opment, construction, imp|ementobon, operation and/or maintenance of 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 Agneemant, which can be given effect without the invalid provision. To this end, the terms and
conditions mfthis Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subnacipientn of federal ovvard, that expend $750,000 or more in one fisoo|
year of federal funds from all enuroes, direct and indirect, are required to have o single or a program -
specific audit conducted in acuonjonoa with 2 CFR Part 200 Subpart F Non-federal entities that spend
|asa than $750,000 o 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�MPG-FY24 Page 20 of 44 City of Tukwila, E25-079
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 must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
OR
Contracts.Office(uDmil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the state of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-EMPG-FY24 Page 21 of 44 City of Tukwila, E25-079
expenses ofany other kind for the Gubrecipientorits staff required by statute orregulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisionsofthis Agreement, the Subrecipient may terminate this Agreement bv
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice. Upon notice of termination for convenience, the Department reserves the right
to suspend all or part of the Ag[ee0eOt. withhold further p@y0eOte, or prohibit the SVbnocipieDt from
incurring additional obligations offunds. |nthe event nftermination, the Gubnaoipientshall baliable for all
damages as authorized by |mvv. 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 budQet, if there is a reduction in funds by the source of those fuOda, and if such
funds one the basis for this Grant Agreement. The Department will email the @ubreoipimntten (10)
business days prior totermination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Deportment, in its sole dimcreUcm, determines the Subrecipienthashai|ed to fulfill in a
timely and proper OOROOe[ its obligations under this Agreement, is in an unsound financial condition So
as to endanger performance hmpeunder, is in violation of any laws or regulations that render the
8ubrecipient unable to perform any aspect of the Agnaement, or has violated any of the covanants,
agreements or stipulations of this Agreement. the Department has the right to immediately suspend or
terminate this Agreement iD whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Sub[GCipi8Ot8Oopportunity
to Cuna ifitis not feasible as determined solely within the Department's discretion. Any time 8||Ovved for
cure shall not diminish or eliminate the Subnaoipient'a liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subreoipient 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 iOwhole Orin part. -
The Department reserves the right to suspend all or part of the Agraement, withhold further payments.
or prohibit the Sub[ecipieO[ from incurring @ddidVO@| obligations of funds during investigation of the
e||eQod omnnp|ienoe breach, ponding corrective action by the Gubrecipient, if allowed, or pending o
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 orcover
Agreement and all administrative costs directly related to the replacement /\gnaenoent, e.g., cost of
administering the competitive solicitation prooess, moi|ing, 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 t0any other rights and remedies provided bylaw.
If it is determined that the Guhnsoipient: (1) was not in default or material breach, or (2) failure to perform
was outside nfthe Subnaoipient'scontno|. fault ornegligence, the termination shall be deemed to be
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below. if the Deportment terminates this Agreement, the
5ubredpient 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 Gubnaoipiantto deliver to the Department any property specifically produced or acquired for the
performance mfsuch part ofthis Agreement eshas been terminated.
DHS-FEMA-EMPG'FY24 Page 22of44 City ofTukwila, E25-079
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
C. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the state of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women -owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBEs): 10% and Woman's Business Enterprises (WBEs): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Except for as provided herein, venue of any
suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County,
Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the
courts of the state of Washington. Provides, that if the Subrecipient is a federally recognized Indian Tribe,
the parties agree that, in the event either party to this Agreement commences any suit relating to or
arising from the Agreement, the United States District Court for the Western District of the State of
Washington shall have the sole and exclusive jurisdiction over such proceeding. If the court lacks federal
DHS-FEMA-EMPG-FY24 Page 23 of 44 City of Tukwila, E25-079
subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited
purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of
Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston
County, Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This
limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any
other person or entity, and the Tribe does not waive its immunity with respect to any action brought by,
or on behalf of, any other entity or person.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FY24 Page 24 of 44 City of Tukwila, E25-079
Attachment C
24EM PG Award Letter
EMS -2024 -EP -05000
Award Letter
Effective date: 09/09/2024
Sierra Wardell
MILITARY DEPARTMENT, WASHINGTON STATE
BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES
CAMP MURRAY, WA 98430
EMS -2024 -EP -05000
Dear Sierra Wardell,
U.S. Department of Homeland Security
Washington, D.C. 20472
F�
FEMA
Congratulations on behalf of the Department of Homeland Security, your application submitted for the
Fiscal Year (FY) 2024 Emergency Management Performance Grants, has been approved in the amount
of $6,821,397.00 in Federal funding. This award of federal assistance is executed as a Grant. As a
condition of this award, you are required to contribute non -Federal funds equal to or greater than
$6,821,397.00 for a total approved budget of $13,642,794.00. Please see the FY24 Emergency
Management Performance Grant (EMPG) Program for information on how to meet this cost share
requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this
award, you acknowledge that the terms of the following documents are incorporated into the terms of
your award:
• Award Summary - included in this document
• Agreement Articles - included in this document
• Obligating Document - included in this document
• FY 2024 Emergency Management Performance Grants Notice of Funding Opportunity
• FEMA Preparedness Grants Manual
Please make sure you read, understand, and maintain a copy of these documents in your official file for
this award.
Sincerely,
Patrick Marcham
Grants Program Division Director
Region 10
DHS-FEMA-EMPG-FY24 Page 25 of 44 City of Tukwila, E25-079
Award Summary
Program: Fiscal Year 2024 Emergency Management Performance Grant
Recipient: MILITARY DEPARTMENT, WASHINGTON STATE
UEI-EFT: D2EJRGZ2PLG8-0001
DUNS number. 8088833830001
Award number: EMS -2024 -EP -05000
Summary description of award
The Fiscal Year (FY) 2024 Emergency Management Performance Grant (EMPG) Program Is one of the
grant programs that constitute DHS/FEMA's focus an all -hazards emergency preparedness. These
grant programs are part of a comprehensive set of measures authorized by Congress and implemented
by DHS/FEMA to assist state, local, tribal, and territorial emergency management agencies to
implement the National Preparedness System and the National Preparedness Goal of a secure and
resilient nation
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share plus
your cost share, if applicable):
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA's prior
approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024 EMPG
NOFO.
//due to new system inclusion of information with no context, pages 5-12 not included —available on request//
Agreement Articles
Program: Frscal Year 2024 Emergency Management Performance Grant
Recipient. MILITARY DEPARTMENT, WASHINGTON STATE
UEI-EFT; D2EJRGZ2PLG8-0001
DUNS number. 8088833830001
Award number. EMS -2024 -EP -05000
Table of contents
DHS-FEMA-EMPG-FY24 Page 26 of 44 City of Tukwila, E25-079
Article' Assurances', Administrative 'Re'quirem' 'ants, Cost Principi as, Re I presentations,. I and I
1 Certifications
Article General Acknowledgements and Assurances
2
Article Acknowledgement of Federal Funding from DHS
3
Article Activities Conducted Abroad
4
Article Age Discrimination Act of 1975
5
Article Americans with Disabilities Act of 1990
6
Article Best Practices for Collection and Use of Personally Identifiable Information
7
Article Civil Rights Act of 1964 — Title VI
a
Article Civil Rights Act of 1968
9
Article Copyright
10
Article Debarment and Suspension
11
Article Drug -Free Workplace Regulations
12
Article Duplicative Costs
13
Article Education Amendments at 1972 (Equal Opportunity In Education Act) — Title IX
14
Article E.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice
15 Practices to Enhance Public Trust and Public Safety
Article Energy Policy and Conservation Act
16
Article False Claims Act and Program Fraud Civil Remedies
17
Article Federal Debt Status
is
Article Federal Leadership on Reducing Text Messaging while Driving
19
Article Fly America Act of 1974
20
Article Hotel and Motel Fire Safety Act of 1990
�21
Article John S. McCain National Defense Authorization Act of Fiscal Year 2019
22
Article Limited English Proficiency (Civil Rights Act of 1964, Title VI)
23
Article Lobbying Prohibitions
24
Article National Environmental Policy Act
25
Article Nondiscrimination In Matters Pertaining to Faith -Based Organizations
26
Article Non -Supplanting Requirement
27
DHS-FEMA-EMPG-FY24 Page 27 of 44 City of Tukwila, E25-079
Article Notice of Funding Opportunity Requirements
28
Article Patents and Intellectual Property Rights
29
Article Procurement of Recovered Materials
30
Article Rehabilitation Act of 1973
31
Article Reporting of Matters Related to Recipient Integrity and Performance
32
Article Reporting Subawards and Executive Compensation
33
Article Required Use of American Iron, Steel, Manufactured Products, and Construction
34 Materials
Article SAFECOM
35
Article Terrorist Financing
36
Article Trafficking Victims Protection Act of 2000 (TVPA)
37
Article Universal identifier and System of Award Management
38
Article USA PATRIOT Act of 2001
39
Article Use of DHS Seal, Logo and Flags
40
Article Whistleblower Protection Act
41
Article Environmental Planning and Historic Preservation (EHP) Review
42
Article Applicability of DHS Standard Terms and Conditions to Tribes
43
Article Acceptance of Post Award Changes
44
Article Disposition of Equipment Acquired Under the Federal Award
45
Article Prior Approval for Modification of Approved Budget
46
Article Indirect Cost Rate
47
DHS-FEMA-EMPG-FY24 Page 28 of 44 City of Tukwila, E25-079
Article 'I Assurances, Administrative Requirements, Cost Principles,
Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 4248 Assurances - Non- Construction Programs, or OMB Standard
Form 424D Assurances - Construction Programs, as applicable. Certain
assurances in these documents may not be applicable to your program and the
DHS financial assistance office (DHS FAO) may require applicants to certify
additional assurances. Applicants are required to fill out the assurances as
instructed by the federal awarding agency.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and
adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must
acknowledge and agree to provide DHS access to records, accounts, documents,
information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must
cooperate with any DHS compliance reviews or compliance investigations. 11.
Recipients must give DHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities and personnel. III. Recipients must
submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports. IV. Recipients
must comply with all other special reporting, data collection, and evaluation
requirements required by law, federal regulation, Notice of Funding Opportunity,
federal award specific terms and conditions, and/or federal awarding agency
program guidance. V. Recipients must complete the DHS Civil Rights Evaluation
Tool within thirty (30) days of receiving the Notice of Award for the first award under
which this term applies. Recipients of multiple federal awards from DHS should only
submit one completed tool for their organization, not per federal award. After the
initial submission, recipients are required to complete the tool once every two (2)
years if they have an active federal award, not every time a federal award is made.
Recipients must submit the completed tool, including supporting materials, to
Civil RightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and
related reporting requirements contained in these DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS.
The evaluation tool can be found at httpsJ/www.dha.gov/publication/dhs- civil-
rights -evaluation -tool. DHS Civil Rights Evaluation Tool I Homeland Security. The
DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting
an extension to the 30 -day deadline if the recipient identifies steps and a timeline for
completing the tool. Recipients must request extensions by emailing the request to
Civil RightsEvaluation@hq.dhs.gov prior to expiration of the 30 -day deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with federal
award funds.
DHS-FEMA-EMPG-FY24 Page 29 of 44 City of Tukwila, E25-079
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate
licenses, permits, or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C_ § 6101 et seq.), which
prohibits discrimination on the basis of age In any program or activity receiving
federal financial assistance.
Article6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles 1, 11, and III of the Americans
with Disabilities Act, Pub. L. No. 101 -336 (1990) (codified as amended at 42 U.S.C.
ff 12101-12213), which prohibits recipients from discriminating on the basis of
disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying
out the scope of work under a federal award are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of
the PI I they collect. DHS defines PH as any information that permits the identity of
an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that Individual. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Article 8 Civil Rights Act of 1964 - Title V1
Recipients must comply with the requirements of 'rite VI of the Cj%41 Rights Act of
1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.G. § 2000d et seq.),
which provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R.
Part 21. Recipients of an award from the Federal Emergency Management Agency
(FEMA) must also comply with FEMA's implementing regdations; at 44 C.F.R. Part
7.
DHS-FEMA-EMPG-FY24 Page 30 of 44 City of Tukwila, E25-079
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.
90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection. therewith, on the basis of
race, color, national origin, religion, disability, familial status, and sex, as
implemented by the U.S. Department of Housing and Urban Development at 24
C.F.R. Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units— i.e., the
public and common use areas and individual apartment units (all units in buildings
with elevators and ground -floor units in buildings without elevators)—be designed
and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart
D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.G_ §§ 401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including the
federal award number and federal awarding agency). As detailed in 2 C.F.R. §
200.315, a federal awarding agency reserves a royalty -free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
Article 11 Debarment and Suspension
Recipients must comply with the non -procurement debarment and suspension
regulations implementing Executive Orders (E.O.)12549 and 12689 set forth at 2
C.F.R. Part 180 as implemented by DHS at 2 G.F.R. Part 3000. These regulations
prohibit recipients from entering into covered transactions (such as subawards and
contracts) with certain parties that are debarred, suspended, or otherwise excluded
from or ineligible for participation in federal assistance programs or activities.
Article 12 Drug -Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the
Government- wide implementation (2 C.F.R. Part 182) of the Drug -Free Workplace
Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing or matching requirements of any
other federal award in either the current or a prior budget period. (See 2 C.F.R. §
200.403(f)). However, recipients may shift costs that are allowable under two or
more federal awards where otherwise permitted by federal statutes, regulations, or
the federal financial assistance award terms and conditions.
DHS-FEMA-EMPG-FY24 Page 31 of 44 City of Tukwila, E25-079
Article 14 Education Amendments of 1972 (Equal Opportunity In Education Act) —
Tide IX
Recipients must comply With the requirements of -ride IX of the Education
Amendments of 1972, Pub- L. No. 92-318 (codified as amended at 20 U.S.C_ §
1681 et seq.), which provide that no person in the United States will, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving federal financial
assistance. DHS Implementing regulations are codified at 6 C.F.R. Part 17.
Recipients of an award from the Federal Emergency Management Agency (FEMA)
must also comply with FEIVIA's Implementing regulations at 44 C.F.R. Part 19.
Article 15 E.O. 14074 — Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply
with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local,
or territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O. 14074 to support safe and effective policing.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L No. 94-163 (1975) (codified as amended at 42 U.S.G. §
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 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.
§§ 3729- 3733, which prohibit the submission of false or fraudulent claims for
payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details
the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. (See OMB Circular A-129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving recipient -owned, recipient -rented, or privately owned vehicles when on
official government business or when performing any work for or on behalf of the
Federal Government. Recipients are also encouraged to conduct the initiatives of
the type described in Section 3(a) of E.C. 13513.
DHS-FEMA-EMPG-FY24 Page 32 of 44 City of Tukwila, E25-079
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified
air carriers can be found at Certificated Air Carriers List I US Department of
Transportation, httpsVAvww.transportaton.gov/policy/aviation-policy/certificated-
air-carriers-list)for international air transportation of people and property to the
extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40116, and the
Interpretative guidelines issued by the Comptroller General of the United States in
the March 31,1981, amendment to Comptroller General Decision &138942.
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space
funded entirely or in part by federal award funds complies with the fire prevention
and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,
15 U.S.C. § 2225a.
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to
the prohibitions described in section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§
200.216, 200.327, 200.471, and Appendix 11 to 2 C.F.R. Part 200. The statute - as
it applies to DHS recipients, subrecipients, and their contractors and subcontractors
- prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain
entities for national security reasons.
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.) prohibition against discrimination on the basis of national origin,
which requires that recipients of federal financial assistance take reasonable steps
to provide meaningful access to persons with limited English proficiency (LEP) to
their programs and services. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance:
https•J/www.dhs.gov/guidance-published-help- department-supported-
organizations-provide-mearungful-access-people-limited and additional resources
on httpl/www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide
that none of the funds provided under a federal award may be expended by the
recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal
action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a
lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or
available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gcv as the Disclosure of Lobbying Activities (SF -LLL).
DHS-FEMA-EMPG-FY24 Page 33 of 44 City of Tukwila, E25-079
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321
et seq_) (NEPA) and the Council on Environmental Quality (CEO) Regulations for
Implementing the Procedural Provisions of NEPA, which require recipients to use
all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic,
and other needs of present and future generations of Americans.
Article 26 Nondiscrimination In Matters Pertaining to Falth-Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social
service programs administered or supported by DHS or its component agencies,
enabling those organizations to participate in providing important social services to
beneficiaries. Recipients must comply with the equal treatment policies and
requirements contained in 6 C.F.R. Part 19 and other applicable statues,
regulations, and guidance governing the participations of faith- based organizations
in individual DHS programs.
Article 27 Non -Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must
ensure that federal funds supplement but do not supplant non-federal funds that, In
the absence of such federal funds, would otherwise have been made available for
the same purpose.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set
forth in the Notice of Funding Opportunity (NOFO) for this federal award are
incorporated by reference. All recipients must comply with any such requirements
set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms
and conditions and any such terms of the Award, the condition in the NOFO shall
be invalid to the extent of the inconsistency. The remainder of that condition and all
other conditions set forth in the NOFO shall remain in effect.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dale Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by
the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms under Government Awards,
Contracts, and Cooperative Agreements) and the standard patent rights clause set
forth at 37 C.F.R. § 401.14.
DHS-FEMA-EMPG-FY24 Page 34 of 44 City of Tukwila, E25-079
Article 30 Procurement of Recovered Materiels
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified
as amended by the Resource Conservation and Recovery Act at 42 U.S.G. § 6962)
and 2 C.F.R. § 200.323. 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 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation
Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which
provides that no otherwise qualified handicapped individuals in the United States
will, solely by reason of the handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and
procurement contracts from all federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of the federal award, then the
recipient must comply with the requirements set forth in the government -wide
Award Term and Condition for Recipient Integrity and Performance Matters located
at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by
reference.
Article 33 Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply
with the requirements set forth in the government -wide award term on Reporting
Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix
A, the full text of which is incorporated by reference.
DHS-FEMA-EMPG-FY24 Page 35 of 44 City of Tukwila, E25-079
Article 34 Required Use of American Iran, Steel, Manufactured Products, and
Construction Materials
Recipients of an award of Federal financial assistance from a program for
infrastructure are hereby notified that none of the funds provided under this award
may be used for a project for infrastructure unless: (1) all iron and steel used in the
project are produced in the United States—this means all manufacturing
processes, from the initial melting stage through the application of coatings,
occurred In the United States; (2) all manufactured products used In the project are
produced in the United States—this means the manufactured product was
manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United
States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum
amount of domestic content of the manufactured product has been established
under applicable law or regulation; and (3) all construction materials are
manufactured in the United States—this means that all manufacturing processes
for the construction material occurred in the United States. The Buy America
preference orgy applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project As such, it does not apply to
tools, equipment and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the
structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process
for requesting a waiver from these requirements. (a) When the Federal agency has
determined that one of the following exceptions applies, the awarding official may
waive the application of the domestic content procurement preference in any case
in which the agency determines that (1) applying the domestic content procurement
preference would be inconsistent with the public interest; (2) the types of iron, steel,
manufactured products, or construction materials are not produced in the United
States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more
than 25 percent. A request to waive the application of the domestic content
procurement preference must be in writing. The agency will provide instructions on
the format contents, and supporting materials required for any waiver request.
Waiver requests are subject to public comment periods of no less than 15 days and
must be reviewed by the Made in America Office. There may be instances where an
award qualifies, in whole or in part, for an existing waiver described at 'Buy
America" Preference in FEMA Financial Assistance Programs for Infrastructure I
FEMA.gov. Definitions The definitions applicable to this term are set forth at 2
C.F.R. § 184.3, the full text of which is incorporated by reference.
DHS-FEMA-EMPG-FY24 Page 36 of 44 City of Tukwila, E25-079
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply
with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable
communications. The SAFECOM Guidance is updated annually and can be found
at Funding and Sustainment I CISA.
Article 35 Terrorist Financing
Recipients must comply with E.O.13224 and applicable statutory prohibitions on
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for
ensuring compliance with the E.O. and laws.
Article 37 Trafficking Victims Protection Act of 2000 (NPA)
Recipients must comply with the requirements of the government -wide financial
assistance award term which implements Trafficking Victims Protection Act of
2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The
award berm is located at 2 C.F.R. § 175.15, the full text of which is incorporated by
reference.
Article 38 Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the
government -wide financial assistance award term regarding the System for Award
Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§
175-175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.0 § 470141 U.S.C. § 4712.
DHS-FEMA-EMPG-FY24 Page 37 of 44 City of Tukwila, E25-079
Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review process.
This review does not address all federal, state, and local requirements. Acceptance
of federal funding requires the recipient to comply with all federal, state and local
laws. DHS/FEMA is required to consider the potential impacts to natural and
cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP
review process, as mandated by: the National Environmental Policy Act; National
Historic Preservation Act of 1966, as amended; National Flood Insurance Program
regulations; and any other applicable laws and executive orders. General guidance
for FEMA's EHP process is available on the DHS/FEMA Website at:
httpsl/www.fema.gov/grants!guidance-tDolslenvironmental-historic. Specific
applicant guidance on how to submit information for EHP review depends on the
individual grant program and applicants should contact their grant Program Officer
to be put into contact with EHP staff responsible for assisting their specific grant
program. The EHP review process must be completed before funds are released to
carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the
project due to noncompliance with EHP laws, executive orders, regulations, and
policies. If ground disturbing activities occur during construction, applicant will
monitor ground disturbance, and if any potential archaeological resources are
discovered the applicant will immediately cease work in that area and notify the
pass-through entity, H applicable, and DHS/FEMA.
Article 43 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 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made,
or if an administrative change must be made to the award package, recipients will
be notified of the change in writing. Once the notification has been made, any
subsequent requests for funds will indicate recipient acceptance of the changes to
the award. Please call FEMA Grant Management Operations at (866) 927-5646 or
via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions.
Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a
non -state recipient or non -state sub -recipients, when that equipment is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions
from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.
section 200.313. State recipients and state sub -recipients must follow the
disposition requirements in accordance with state laws and procedures.
DHS-FEMA-EMPG-FY24 Page 38 of 44 City of Tukwila, E25-079
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must
request prior written approval from FEMA where required by 2 C.F.R. section
200.308. For purposes of non -construction projects, FEMA is utilizing its discretion
to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the
transfer of funds among direct cost categories, programs, functions, or activities.
Therefore, for awards with an approved budget where the federal share is greater
than the simplified acquisition threshold (currently $250,000), you may not transfer
funds among direct cost categories, programs, functions, or activities without prior
written approval from FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent (100/6) of the total budget FEMA last
approved. For purposes of awards that support both construction and non -
construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)
(5) to require the recipient to obtain prior written approval from FEMA before
making any fund or budget transfers between the two types of work. You must
report any deviations from your FEMA approved budget in the first Federal
Financial Report (SF -425) you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.
Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for this
award Is stated in the budget documents or other materials approved by FEMA and
included in the award file_
Al
DHS-FEMA-EMPG-FY24 Page 39 of 44 City of Tukwila, E25-079
1. Agreement No.
2. Amendment
3. Recipient
4L Type of
5. Control No.
EMS -2024 -EP-
No.
No.
Action
SX00368N2024T
05000
NIA
916001095
AWARD
6. Recipient Name and Address 7.
Issuing FEMA Office
8. Payment Office and
MILITARY DEPARTMENT, and
Address
Address
WASHINGTON STATE FEMA
Region X
FEMA, Financial
CAMP MURRY BUILDING 1 130
228th Street, S.W.
Services Branch
CAMP MURRAY, WA 99430 Bothell,
Washington
500 C Street, S.W.,
913021-9796
Room 723
1425-487-4600
lWashington DC, 20742
1
9. Name of Recipient
9a. Phone
10. Name of FEMA Project
103.
Project Officer
No.
Coordinator
Phone No.
Sierra Wardell
253-
Emergency Management
1-877-585-
5127121
Performance Grant Grant Program
3242
11. Effective Date of 12.
Method of
13. Assistance
14. Performance
This Action
Payment
Arrangement
Period
10/01/2023 to
09109/2024
OTHER - FEMA
COST SHARING
09/30/2026
GO
Budget Period
10/01/2023 to
109/30/2026
1
15. Description of Action a. (indicate funding data for awards or financial
changes)
Program
Accounting
Prior
Amount
Cumulative
Name
Assistance
Data
Total
Awarded
Current Total
Non -Federal
Abbreviation
Listing No.
(ACCS,
Award
This Action +
Award
Commitment
Code)
or
2024-FA-
EMPG
97.042
GA01- -
R I
$0.00
$6,821,397.00
$6,821,397.00
See Totals
14120-D
I
Totals
$0.00
1$6,821,397.001$6,821,397.001$6,821,397.00
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
16.FOR NON DISASTER PROGRAMS, RECIPIENT 18 REQUIRED TO SIGN AND
RETURN THREE (3) GGPIES OF THIS DOCUMENT TG FEMA (See Bleek 7 feF
address)
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
Sierra Wardell 09111/2024
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Patrick Marcham, Grants Program Division Director Region 10 09/09/2024
DHS-FEMA-EMPG-FY24 Page 40 of 44 City of Tukwila, E25-079
Attachment D
WORK PLAN
FY 2024 Emergency Management Performance Grant
The purpose of this attachment is to identify the activities planned by the Subrecipient under this Grant
Agreement, funded by EMPG and required match funding, and subsequently approved as allowable under
EMPG by the EMPG Program Manager.
_..
------------ _-_._.... _ .--- _ I-- _._.---
Emergency Management Organization: City of Tukwila
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
mission 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 eligible for EMPG funding, including but not limited
to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work
Plan delineates the Emergency Management Organization's emergency management program planning and priority
focus for this grant cycle (to include EMPG grant and local funds).
'
4.4 Continuity Planning and Procedures
Primary Core Capability
Mass Care Services
Secondary Core Capability
Operational Coordination
Build or Sustain
Building
WORK PLANNED
IDENTIFIED GAP/NEED
ANTICIPATED PROJECT IMPACT
Build a small cache of preparedness
The City of Tukwila has an obligation to
By developing a small cache of
supplies of our operational staff
its community to provide a continuity of
disaster supplies for our
(Parks & Recreation) and essential
operations and government services
operations (Public Works) and
staff to sustain themselves and
following a disaster.
essential staff, we are ensuring
continuity of
they have the means to sustain
operations/government during a
This work is supported by our Continuity
themselves so that they can
disaster.
of Operations Plan and Emergency
sustain city operations.
Management Plan.
The Tukwila Community Center is the
designated shelter facility for Tukwila
and one of very few government
facilities located in the Allentown
neighborhood of Tukwila. This area of
Tukwila is separated by the Duwamish
River and currently only has one way in
and out of the neighborhood. In a large-
scale event, that neighborhood and area
of Tukwila could quickly become cut off
from other city resources. Currently, our
Operations Staff and Essential Staff that
comprise the Department Operations
Center (DOC) to support the EOC in this
area of Tukwila, do not have the
preparedness items they would need to
operate 24/7 following a large disaster
where food/water would be unavailable.
DHS-FEMA-EMPG-FY24 Page 41 of 44 City of Tukwila, E25-079
Attachment E
TIMELINE
FY 2024 Emergency Management Performance Grant
The purpose of this attachment is to identify applicable and agreed upon due dates for Grant Agreement
milestones to include deliverables that must be submitted to the Department. Both the Department and the
Subrecipient shall monitor adherence with the dates below.
DATE
TASK
June l,2024
Grant Agreement Start Date
September 30, 2025
Grant Agreement End Date — a// work must be complete
November 15, 2025
Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request RLj2r 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-FY24 Page 42 of 44 City of Tukwila, E25-079
Attachment F
BUDGET
FY 2024 Emergency Management Performance Grant
The purpose of this attachment is to identify how the funding is budgeted per the identified activities in the
Work Plan. If funding is identified as not being required, contact the Department Key Personnel as soon as
possible so funding can be reallocated.
24EMPG AWARDI $ 10,694.00
SOLUTION
AREA
BUDGET CATEGORY
EMPG AMOUNT
MATCH AMOUNT
Personnel & Fringe Benefits
$
-
$ -
ZTravel/Per
Diem
$
-
$ -
$ -
Z Supplies $
-
Z
gOther
Consultants/Contracts
$
-
$
$ -
$
-
Subtotal
$
-
$ -
Z
Personnel & Fringe Benefits
$
-
$ 10,694
$ -
d� Travel/Per Diem $
-
N
Supplies
$
10,694
$ -
QConsultants/Contracts
$
-
$ -
2
Other
$
-
$ -
$ 10,694
0 Subtotal $
10,694
Personnel & Fringe Benefits
$
-
$ -
N
Travel/Per Diem
$
-
$ -
0
Supplies
$
-
$ -
oc
Lu
Consultants/Contracts
$
-
$ -
Other
$
-
$ -
Subtotal
$
-
$ -
Personnel & Fringe Benefits
$
-
$ -
Travel/Per Diem
$
-
$ -
Z
Supplies
$
-
$ -
$ -
Consultants/Contracts $
-
F-
Other
$
-
-
Subtotal
$
-
$ -
a
5
Equipment
$
-
$ -
C
"'
$
-
$ -
Subtotal
Personnel & Fringe Benefits
$
-
$ -
Travel/Per Diem
$
-
$ -
Supplies
$
-
$ -
Consultants/Contracts
$
-
$ -
$ -
Other $
-
Subtotal
$
-
$ -
Indirect
$
-
$ -
Indirect Cost Rate on ffle 0.00% for Time Period of: N/A
TOTAL Grant Agreement AMOUNT: $ 10,694 $ 10,694
The Subrecipient will provide a match of $10,694 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 withoutrp for written approval from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 743PT — EMPG
DHS-FEMA-EMPG-FY24 Page 43 of 44 City of Tukwila, E25-079
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF -CERTIFICATION
The undersignedcertifies, bmthe best mftheir knowledge and belief, that:
The Build Amehco, Buy America Act /BABAA\ requires that no federal financial assistance for ^infnaatnucture"
projects is provided "unless all ofthe iron, steel, manufactured pnoducte, 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 Project Name and Location that the iron, steel, manufactured
pnoducts, and construction materials used in this contract are infull compliance with the BABA\ requirements
1. All iron and steel used inthe project ona produced inthe United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEIVIA financial assistance 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 mined, produced, or manufactured in the United States
is greater than 5596 of the total cost of all components of the manufactured producL, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law orregulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred inthe United States.
"The or . certifies oraffirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or
Subcontractor] understands and agrees that the provisions of 31 U.G.C. Chop. 38, Administrative Remedies for
False Claims and Statements, apply to this certification and disclosure, if any."
Signature of orBubcontrootor's]Authorized Official
Enter Name and Title
Name and Title of or Subcontractor's] Authorized Official
DHS-FEMA,EMPB-FY24 Page 44of44 City ofTukwila, E25 -O79
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION
City of Tukwila
DATE SUBMITTED
GRANT PROGRAM - Acronyms Accepted
24 EMPG
AGREEMENT NUMBER(S)
E25-079
1. AUTHORIZING AUTHORITY
PHYSICAL SIGNATURE
E-SIGNATURE
PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
Thomas McLeod
Mayor
L
2. AUTHORIZED TO SIGN AGREEMENTS / AMENDMENTS
PHYSICAL SIGNATURE
E-SIGNATURE
PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
��-
51°neE by:
1�as Ntc�oc�
Thomas McLeod
Mayor
V,j
$1pOetlby
U1ii c
Martha "Mart" Wine
y
City Administrator
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PHYSICAL SIGNATURE
E-SIGNATURE
PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
/' iel
Mindi Mattson
Emergency Manager
SAF Revised 5/8/2024
Page 1 of 1
Washington Military Department Contract Number: tzo"uta
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
City of Tukwila
City of Tukwila
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
6200 Southcenter Blvd.
or solicitation #, if any:
Identifier (UBI)
Identification #:
Tukwila, WA 98168
179-000-208
91-6001519
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: �,!/��� ///�/i ���� Date: 10/3/2024
Print Name and Title: Mindi Mattson, Emergency Manager
Washington Military Department Contract Number: CLO....
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am 1 required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.