HomeMy WebLinkAboutCAG2023-071 - Original - WA State Military Department - Emergency Management Performance Grant (EMPG) E23-153 Revised - 06/01/2022 400 Agreement Routing Form
• For Approvals,Signatures and Records Management
KE N This form combines&replaces the Request for,Mayor s Signature and Contract Cover Sheet forms.
w. - 0, ,Print on pink or cher y colored paper)
Originator: Department:
Jenny Keizer Emegency Management
Date Sent: Date Required:
> 02/06/2023 02/20/2023
0
L
p, Authorized to Sign: Date of Council Approval:
❑Director or Designee ❑Mayor
Q
Budget Account Number: Grant? 0 Yes ❑No
RFA Budget
Budget? El Yes ❑No Type: Federal
Vendor Name: Category:
Washington State Military Department Grant: Non-Real Property
Vendor Number: Sub-Category:
c Original
0
Project Name: Emergency Management Performance Grant -E23-153
110
L
C Project Details:Purpose of grant is to assist with the enhancement,sustainment and improvement of local EM programs,
related directly to the five elements of Emergency Management:Prevention, Mitigation, Preparedness,
CResponse,and Recovery.
E Agreement Amount: $ 81,703.00 Basis for Selection of Contractor: Other
1 Start Date: 06/01/2022 Termination Date: 09/30/2023
Q
Local Business? ❑Yes I] No*
*If meets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace
Notice required prior to disclosure? Contract Number
❑Yes ❑No E22-153 CAG2023-071
Date Received by City Attorney: Comments:
c 2/8/2023 Match paid by RFA.
3
Mayor's signature required on page 2 and
IA
twice on page 43 of the packet
OK to sign, TW,A2 � 3.
c 2/9/23
CM Date Routed to the Mayor's Office:
� 2/10/23 Date Routed to the City Clerk's office 2113123 - returnefully executed M.M.
Visit Documents.KentWA.gov to obtain copies of all agreements
3113123 - rcvd fully executed version M.M.
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
I. Subrecipient Name and Address: 2. Grant Agreement Amount: 1 3. Grant Agreement Number:
City of Kent,Washington $81,703 E23-153 Revised
Emergency Management Division
220 4th Ave S
Kent,WA 98032-5838
4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Robert A.Goehring,253-866-6262 June 1,2022 September 30,2023
rgoehring@kentwa.gov
7. Department Contact, phone/email: 8. Unique Entity Identifier(UEI): 9. UBI#(state revenue):
Michael Alston,253-612-7083 GALJSHRB2EM6 173-000-002
michael.alston mil.wa.aov
10. Funding Authority:
Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security (DHS)
11. Federal Award ID#(FAIN): 12. Federal Award Date: 13.Assistance Listings#&Title:
EMS-2022-EP-00006-S01 08/23/2022 97.042 22EMPG
14.Total Federal Amount: 15. Program Index#&OBJ/SUB-OBJ: 16. EIN:
$8 626,483 723PT NZ 91-6001254
17. Service Districts: 18. Service Area by County(ies) 19.Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 11,33,47 King Certified: ® N/A ❑ NO
BY CONGRESSIONAL DISTRICT): 8,9 ❑ 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):
® "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 ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION-
The purpose of the Fiscal Year(FY) 2022 Emergency Management Performance Grant (22EMPG) 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 22EMPG DHS Award Letter for Grant No. EMS-2022-EP-00006-
S01 ("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);22EMPG Award Letter
EMS-2022-EP-00006-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); and all other
documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this
-Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and,
3. Work Plan Timeline,and Budget 6. Other provisions of the Agreement incorporated by reference
WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below.
K9THE DEPA MENT THE SUBREC 'r
3/7/2023 02/09/2023
Si a re V Date Signature , Date
Regan Anne Hesse, Chief Financial Officer Dana Ralph, a
Washington State Military Department City V n
BOILERPLATE APPROVED AS TO FORM:
Dierk Meierbachtol August 1,2022 Si ature Date
Assistant Attorney General M 'tthew Morris, Fire Chief
Puget Sound Fire
AP O FORM (if applicable):
_ 2/8/2023
51 n tune Date
DHS-FEMA-EMPG-FY22 Page 1 of 41 City of Kent EMD, E23-153 Revised
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name Robert A. Goehring Name Michael Alston
Title Clt Auditor Title Program Coordinator
Email r oehrin kentwa. ov Email michael.alston mil.wa. ov
Phone 253-856-5262 Phone 253-512-7083
Name Matthew Morris Name Courtney Bemus
Title Fire Chief Title Program Assistant
Email mlmorris u etsoundfire.or Email courtne .bemus mil.wa. ov
Phone 253-856-4311 Phone 253-612-7145
Name Jennifer Keizer Name Sierra Wardell
Title EM Program Coordinator Title Financial Operations Section Manager
Email idkeizer u etsoundfire.or Email sierra.wardeil@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7121
Name Jeff DiDonato _
Title EM Division Chief
Email 'didonato u etsoundfire.or
Phone 253-856-4345
Name Paula Painter
Title Finance Director
Email ainter kentwa. ov
Phone 253-856-5260
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year (FY) 2022 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness
Grants Manual document, Version 3, May 2022 (the Manual), the DHS Award Letter for the Grant, and the
federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference.
The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance
period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not
hold the Department, the state of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 22EMPG funds received under this Agreement casts the
party receiving the funds in the role of a subrecipient or contractor in accordance with 2
CFR 200.331.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
DHS-FEMA-EMPG-FY22 Page 2 of 41 City of Kent EMD, E23-153 Revised
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 22EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 22EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements of The Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year
(FY) 2022 Emergency Management Performance Grant(EMPG) document, the
Manual, the DHS Award Letter for the Grant in Attachment C, and the federal
regulations commonly applicable to DHS/FEMA grants.
The Subrecipient shall be responsible to the Department for ensuring that all
22EMPG 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.
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:
i. If the Subrecipient receives direct funding from any Federal agency(ies),
documentation of the rate must be submitted to the Department Key Personnel
per the following:
A. More than $35 million, the approved indirect cost rate agreement
negotiated with its federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance
with Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds
as a subrecipient), the Subrecipient must either elect to charge a de minimis rate
of ten percent(10%) or 10% of modified total direct costs or choose to negotiate
a higher rate with the Department. If the latter is preferred, the Subrecipient must
contact Department Key Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at https://www.gsa.go_v,
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@_Mji[.wa.gov 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.
DHS-FEMA-EMPG-FY22 Page 3 of 41 City of Kent EMD, E23-153 Revised
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to
waive or extend a due date in the Timeline (Attachment E). For waived or extended
reimbursement due dates, all allowable costs should be submitted on the next scheduled
reimbursement due date contained in the Timeline. Waiving or missing deadlines serves
as an indicator for assessing an agency's level of risk of noncompliance with the
regulations, requirements, and the terms and conditions of the Agreement and may
increase required monitoring activities. Any request for a waiver or extension of a due date
in the Timeline will be treated as a request for Amendment of the Agreement. This request
must be submitted to the Department Key Personnel sufficiently in advance of the due
date to provide adequate time for Department review and consideration and may be
granted or denied within the Department's sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within forty-five(45)
days after the Grant Agreement End Date, except as otherwise authorized by either (1)
written amendment of this Agreement or(2)written notification from the Department to the
Subrecipient to provide additional time for completion of the Subrecipient's project(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement(including, but not limited to, those reports in the Timeline)will
prohibit the Subrecipient from being reimbursed until such reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers to
approved, direct budget categories, as identified in the Budget (Attachment F), to exceed
ten percent(10%)of the Grant Agreement Amount.Any changes to budget category totals
not in compliance with this paragraph will not be reimbursed without approval from the
Department.
M. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace(supplant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the
format provided by the Department.
b. With the final reimbursement request,the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
C. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department an Audit Certification/FFATA Form. This form is required to be
completed once per calendar year, per Subrecipient, and not per agreement. The
Department's Contracts Office will request the Subrecipient submit an updated form at the
beginning of each calendar year in which the Subrecipient has an active agreement.
DHS-FEMA-EMPG-FY22 Page 4 of 41 City of Kent EMD, E23-153 Revised
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement
statutes,when procuring any equipment or supplies under this Agreement, 2 CFR 200.313
for management of equipment, and 2 CFR 200.314 for management of supplies, to
include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient's inventory system.
Inventory system records shall include:
A. Description of the property
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the Federal Award Identification
Number (FAIN) (Face Sheet, Box 11)
D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box
13)
E. Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property at the date the information was
reported
I. Disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of the equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property.Any loss, damage, or theft shall
be investigated, and a report generated and sent to the Department's Key
Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
DHS-FEMA-EMPG-FY22 Page 5 of 41 City of Kent EMD, E23-153 Revised
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of$5,000 or less may
be retained, sold,transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the 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.fe_ina.gov/graiits/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. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
e. If funding is allocated to emergency communications, the Subrecipient must ensure that
all projects comply with SAFECOM Guidance on Emergency Communications Grants,
located at https://www.cisa.gov/safecom/funding, ensuring the investments are
compatible, interoperable, resilient, and support national goals and objectives for
improving emergency communications.
f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors
and subcontractors, may not obligate or expend any FEMA award funds to:
DHS-FEMA-EMPG-FY22 Page 6 of 41 City of Kent EMD, E23-153 Revised
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).
Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are otherwise
consistent with the requirements of the Manual and applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
iv. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities);
V. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities);
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 Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
g. The Subrecipient must pass through equipment and supply management requirements
that meet or exceed the requirements outlined above to any non-federal entity to which
the Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/grants/guidance-toolslenvironmental-historic all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
C. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
DHS-FEMA-EMPG-FY22 Page 7 of 41 City of Kent EMD, E23-153 Revised
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.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317
through 200.327 and as specified in the General Terms and Conditions (Attachment B,
A.10).
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department an Audit Certification/FFATA form. This form
is required to be completed once per calendar year, per Subrecipient, and not per
agreement. The Department's Contracts Office will request the Subrecipient submit an
updated form at the beginning of each calendar year in which the Subrecipient has an
active agreement.
C. Monitoring activities may include, but are not limited to:
viii. Review of financial and performance reports
ix. Monitoring and documenting the completion of Agreement deliverables
X. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), a-mails and correspondence
xi. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
xii. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
xiii. 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.
DHS-FEMA-EMPG-FY22 Page 8 of 41 City of Kent EMD, E23-153 Revised
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance 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 htt s:l/www.dhs. ovl uidance- ublished-helL)-
depar tment-stil)I)orted-organizations-provide-rneaningful;acee_ss-people-limited and
additional resources on https://wvvw.lep,gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to 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 achieve, or be actively working to achieve, all of the NIMS Implementation Objectives
located at littps://www.fema.gov/emergency-managers/nims/implementation-trainiizg.
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 of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
b. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs.
C. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share
applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted
and approved in the application and documented in the Budget(Attachment F). To meet matching
DHS-FEMA-EMPG-FY22 Page 9 of 41 City of Kent EMD, E23-153 Revised
requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable,
allowable, allocable, and necessary under the grant program and must comply with all Federal
requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds. In the final report,
the Subrecipient shall identify how the match was met and documented.
d. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review(SPR),
Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments,
and data calls. Non-participation may result in withholding of funding under future grant years.
e. Subrecipients shall participate in the State's annual Integrated Preparedness Planning Workshop
(IPPW). Non-participation may result in withholding of funding under future grant years.
f. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written
approval from the Department Key Personnel before attending the training. The Department will
coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant
Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for
Training Courses Funded Through Preparedness Grants,
https://www.fema.gov/sites/default/files/2020-
04/Traininci Course Review and Approval IB Final 7 19 18. df, the training must fall within
the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan.
This requirement only applies to training courses and does not include attendance at conferences.
Furthermore, additional federal approvals are required for courses that relate to Countering
Violent Extremism prior to attendance.
g. All personnel funded in any part through federal award or matching funds under this Agreement
shall complete and record proof of completion of:
i. NIMS training requirements outlined in the NIMS Training Program located at
https://www.fema.gov/emergency-managers/nims/implementation-training (to include ICS-
100, ICS-200, IS-700, and IS-800 for most personnel) and
ii. Either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS-
241, IS-242, and IS-244, or(2) the National Emergency Management Basic Academy.
The Subrecipient will report training course completion by individual personnel along with the final
report.
h. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how
the EMPG Training requirements were met for all personnel funded by federal or matching funds
under this Agreement.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 22EMPG funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 22EMPG 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-FY22 Page 10 of 41 City of Kent EMD, E23-153 Revised
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. "Investment" means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
and policies.
e. "Stakeholders Preparedness Report(SPR)" The SPR is an annual three-step self-assessment
of a community's capability levels based on the capability targets identified in the THIRA.
f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.1 for
all other purposes.
g. "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three-step
risk assessment. The THIRA helps communities understand their risks and determine the level of
capability they need in order to address those risks. The outputs from this process lay the
foundation for determining a community's capability gaps during the SPR process.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or(2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient's project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
DHS-FEMA-EMPG-FY22 Page 11 of 41 City of Kent EMD, E23-153 Revised
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/recluired ran#forms. Any such form
completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management ( ) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List'
(ht# s://secure.Ini.wa. ❑v/debarandstrike/ContractorDebarList.as x). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List hat s://www.des.wa. ov/services/contractin -
urchasin /doin -business-state/vendor-debarment).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-EMPG-FY22 Page 12 of 41 City of Kent EMD, E23-153 Revised
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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
DHS-FEMA-EMPG-FY22 Page 13 of 41 City of Kent EMD, E23-153 Revised
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of"funding agreement' under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
DHS-FEMA-EMPG-FY22 Page 14 of 41 City of Kent EMD, E23-153 Revised
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
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 is mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
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-FY22 Page 15 of 41 City of Kent EMD, E23-153 Revised
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of(1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY -AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory,
DHS-FEMA-EMPG-FY22 Page 16 of 41 City of Kent EMD, E23-153 Revised
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 veterans 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
OSHAIWISHA
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 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-FY22 Page 17 of 41 City of Kent EMD, E23-153 Revised
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement(the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
C. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three(3)years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity"
DHS-FEMA-EMPG-FY22 Page 18 of 41 City of Kent EMD, E23-153 Revised
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, tooinclude 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@mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of"no conflict of interest" shall be submitted to the Department.
A.30 TAXES_FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
DHS-FEMA-EMPG-FY22 Page 19 of 41 City of Kent EMD, E23-153 Revised
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the 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 Agreement, withhold further payments, or prohibit the Subrecipient from
incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all
damages as authorized by law. The rights and remedies of the Department provided for in this section
shall not be exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination,the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or(2)failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
DHS-FEMA-EMPG-FY22 Page 20 of 41 City of Kent EMD, E23-153 Revised
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: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
DHS-FEMA-EMPG-FY22 Page 21 of 41 City of Kent EMD, E23-153 Revised
A.36 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-FY22 Page 22 of 41 City of Kent EMD, E23-153 Revised
Attachment C
22EMPG Award Letter
EMS-2022-EP-00006-S01
Award Letter
U.S. Department of Homeland Securit�r
VN10,ti,�. Washington,D.C.20472
J
Utol
'9.1'E1
Bret Daugherty
Washington Military Department
Building 20
Camp Murray,'VVA98430-5122
Re: Grant No.Etu1S-2022-EP-00006
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY)2022 Emergency Management Performance Grants has been approved in the amount of$8,625,483.00,
As a condition of this award,you are required to contribute a cost match in the amount of$8b25,483.00 of non-Federal funds,
or 50 percent of the total approved project costs of$17,250,966.00-
Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award. By
accepting this av,Grd,you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles(attached to thi-,Award Letter)
• Obligating Document(attached to this Award Letter)
• FY 2022 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,
In order to establish acceptance of the award and its terrns, please follow these instructions.
Step 1: Please log in to the ND Grants system at https:f�portal.fema.gov-
Step 2:After logging in,you will see the Horne page with a Pending Tasks menu. Click on the Pending Tasks menu,select the
Application sub-menu, and then click the link for'Award Offer Review"tasks.This linkwill navigate you to Award Packages
that are pending review-
Step 3: Click the Review Award Package icon (wrench)to reviewthe Award Package and accept or decline the award. Please
save or print the Award Package for your records.
System for Award Management(SAM): Grant recipients are to keep all of their information up to date in SAM,in particular,
your organization's name,address, Unique Entity Identifier (UEI) number,EIN and banking information. Please ensure that
the UEI number used in SAM is the same one used to applyfor all FEMAawards, Future paymientswill be contingent on the
information provided in the SAM,therefore, it is imperative that the information is correct.The System for Award Management
is located at ht tp.!A, ww-sam.go.v.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS)
know as soon as possible.This will help us to make the necessary updates and avoid any interruptions in the payment
process.
DHS-FEMA-EMPG-FY22 Page 23 of 41 City of Kent EMD, E23-153 Revised
i
PATRICK GERARD MARCHAM
DHS-FEMA-EMPG-FY22 Page 24 of 41 City of Kent EMD, E23-153 Revised
Agreement Axtk]es
Fri Oct 01 00TO O GMT 2621
U.S. Department of Homeland Security
Washington,D.G.20472
ZOE
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTE E: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT NUMBER: EMS-2022-EP-0000E-501
TABLE OF CONTENTS
Article I DHS Standard Terms and Conditions Generally
Article II Assurances,Administrative Requirements,Cost Principles,
Representations and Certifications
Article III General Acknowled gements and Assurances
Article IV Acknowledgement of Federal Funding from DHS
Article V Activities Conducted Abroad
Article Vi Age Discrimination Act of 1975
Article VII Americans with Disabilities Act of 1990
Article ViI I Best Practices for Collection and Use of Personally
Identifiable Information
Article IX Civil Rights Act of 1964-Title VI
Article X Civil Rights Act of 1968
Article XI Copyright
Article X I I Debarment and Suspension
Article Xdl Drug-Free Workplace Regulations
DHS-FEMA-EMPG-FY22 Page 25 of 41 City of Kent EMD, E23-153 Revised
Article XIV Duplication of Benefits
Article XV Education Amendments of 1972(Equal Opportunity in
Education Act)-Title IX
Article XVI Energy Policy and Conservation Act
Article XVII False Claims Act and Program Fraud Civil Remedies
Article XVIII Federal Debt Status
Article XIX Federal Leadership on Reducing Text Messaging while
Driving
Article XX Fly America Act of 1974
Article XXI Hotel and Motel Fire Safety Act of 1990
Article XXII John S. McCain National Defense Authorization Act of Fiscal
Year 2019
Article XXII I Limited English Proficiency(Civil Rights Act of 1964-Title VI)
Article XXIV Lobbying Prohibitions
Article XXV National Environmental Policy Act
Article XXVI Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
Article XXVII Non-Supplanting Requirement
Article XXVIII Notice of Funding Opportunity Requirements
Article XXIX Patents and Intellectual Property Rights
Article XXX Procurement of Recovered Materials
Article XXXI Rehabilitation Act of 1973
Article XXXII Reporting of Matters Related to Recipient Integrity and
Performance
Article XXXI II Reporting Subawards and Executive Compensation
Article XXXIV Required Use of American Iron, Steel, Manufactured
Products, and Construction Materials
Article XXXV SAFECOM
DHS-FEMA-EMPG-FY22 Page 26 of 41 City of Kent EMD, E23-153 Revised
Article XXXVI Terrorist Financing
Article XXXVII Trafficking Victims Protection Act of 2000(TVPA)
Article XXXVIII Universal Identifier and System of Award Management
Article XXXIX USA PATRIOT Act of 2001
Article XL Use of DHS Seal, Logo and Flags
Article XLI Whistleblower Protection Act
Article XLII Environmental Planning and Historic Preservation (EHP)
Review
Article XLIII Applicability of DHS Standard Terms and Conditions to
Tribes
Article XLIV Acceptance of Post Award Changes
Article XLV Disposition of Equipment Acquired Under the Federal Award
Article XLVI Prior Approval for Modification of Approved Budget
Article XLVII Indirect Cost Rate
Article I-DHS Standard Terms and Conditions Generally
The Fiscal Year(FY)2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded
in FY 2022.These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates
otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links.The FY 2022 DHS Standard Terms and Conditions will
be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions.
Article II-Assurances,Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget(OMB)Standard Form
424B Assurances- Non-Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as
applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance
office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as
instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by DHS at 2 C.F,R, Part 3002.
III. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C,F.R.section170.315, certifythat their policies
are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive
guidance.
Article III-General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff..
DHS-FEMA-EMPG-FY22 Page 27 of 41 City of Kent EMD, E23-153 Revised
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information
related to the federal financial assistance award and permit access to facilities or personnel.
III, Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law,
or detailed in program guidance.
V. Recipients(as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial
assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool
within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of
multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award.
After the initial submission, recipients are required to complete the tool once every two(2)years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including supporting materials,to
CivilRightsEvaluation@hq.dhs_gov. This tool clarifies the civil rights obligations and related reporting requirements contained
in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS.The
evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
Article IV-Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid
invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
Article V-Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article VI-Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as
amended at Title 42, U,S. Code, section 6101 et sec.),which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Article VII-Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, ll, and III of the Americans with Disabilities Act, Pub. L. 101-336
(1990) (codified as amended at 42 U.S.C. sections 12101 - 12213),which prohibits recipients from discriminating on the basis
of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities.
Article VIII-Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII)are required to have a publicly available privacy policy that
describes standards on the usage and maintenance of the PI I they collect. DHS defines PI I as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Article IX-Civil Rights Act of 1964-Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at 42 U.S.C.
section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
DHS-FEMA-EMPG-FY22 Page 28 of 41 City of Kent EMD, E23-153 Revised
receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.
Part 7,
Article X-Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L 90-284, as amended through Pub. L 113-4,
which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings, or in the provision of
services in connection therewith, on the basis of race, color, national origin, religion, disability,familial status, and sex (see
42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more
dwelling units- i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and
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 XI-Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship(including the award number)to any work first produced under federal financial assistance awards.
Article XII-Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E,O.)
12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict
federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise
excluded from or ineligible for participation in federal assistance programs or activities.
Article XIII -Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual) of 2
C.F.R, Part 3001,which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free
Workplace Act of 1988 (41 U.S.C. sections 8101-8106).
Article XIV-Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not
be charged to other federal financial assistance awards to overcome fund deficiencies,to avoid restrictions imposed by
federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XV-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972)
(codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis
of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R, Part 17 and
44 C.F.R. Part 19
Article XVI-Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94-163 (1975) (codified as
amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state
energy conservation plan issued in compliance with this Act.
Article XVII -False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733,which prohibit the
submission of false or fraudulent claims for payment to the Federal Government, (See 31 U.S.C. sections 3801-3812, which
details the administrative remedies for false claims and statements made,)
Article XVIII-Federal Debt Status
DHS-FEMA-EMPG-FY22 Page 29 of 41 City of Kent EMD, E23-153 Revised
i
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 XIX-Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513,
including conducting initiatives described in Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the Federal Government.
Article XX-Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers(air carriers holding certificates under 49 U.S.C,)for
international air transportation of people and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative
guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General
Decision B-138942.
Article XXI-Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal
funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15
U.S.C. section 2225a.
Article XXII-John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of
the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232(2018)and
2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200, Beginning August 13, 2020, the statute
-as it applies to DHS recipients, subrecipients, and their contractors and subcontractors-prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for
national security reasons.
i
Article XXIII-Limited English Proficiency(Civil Rights Act of 1964-Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C, section 2000d et seq,) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable
steps to provide meaningful access to persons with limited English proficiency (LEP)to their programs and services. For
additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-mea ningful-access-people-limited
and additional resources on http://www.lep.gov,
Article XXIV-Lobbying Prohibitions
Recipients must comply with 31 U,S.C. section 1352, which provides that none of the funds provided under a federal financial
assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any federal action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification.
Article XXV-National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L.91-190
(1970) (codified as amended at 42 U.S.C. section 4321 et seq.)and the Council on Environmental Quality (CEQ) Regulations
for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their
authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
Article XXVI-Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
DHS-FEMA-EMPG-FY22 Page 30 of 41 City of Kent EMD, E23-153 Revised
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 XXVII-Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure
that federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-federal
sources.
Article XXVIII-Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO)for this
program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such
requirements set forth in the program NOFO
Article XXIX-Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S C section 200 et sec, unless otherwise provided by law. Recipients are
subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents
resulting from federal financial assistance awards located at 37 C,F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. section 401 14.
Article XXX-Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act,
Pub, L. 89-272(1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962,)
The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Article XXXI-Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112(1973) (codified
as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article XXXII-Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award,then the
recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient
Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by
reference in the award terms and conditions.
Article XXXIII-Reporting Subawards and Executive Compensation
Reporting of first tier subawards:
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards
and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions.
Article XXXIV-Required Use of American Iron,Steel, Manufactured Products,and Construction Materials
Recipients and subrecipients must comply with the Build America, Buy America Act(BABAA), which was enacted as part
of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L No_ 117-58 (2021), and Executive Order
14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and
Budget(OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
DHS-FEMA-EMPG-FY22 Page 31 of 41 City of Kent EMD, E23-153 Revised
Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the
funds provided under this award may be used for a project for infrastructure unless:
(1)all iron and steel used in the project are produced in the United States--this means all manufacturing processes,from the
initial melting stage through the application of coatings, occurred in the United States;
(2)all manufactured products used in the project are produced in the United States--this means the manufactured product was
manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,
unless another standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation;and
(3)all construction materials are manufactured in the United States--this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or
affixed to an infrastructure project.As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are
used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the
infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.
(a)When the federal agency has made a determination that one of the following exceptions applies,the awarding official may
waive the application of the domestic content procurement preference in any case in which the agency determines that-
(1)applying the domestic content procurement preference would be inconsistent with the public interest;
(2)the types of iron, steel, manufactured products, or construction materials are not produced in the United States in
sufficient and reasonably available quantities or of a satisfactory quality; or
(3)the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase
the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing, The agency will provide
instructions on the format, contents, and supporting materials required for any waiver request,Waiver requests are subject to
public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described, For awards by the
Federal Emergency Management Agency(FEMA), existing waivers are available and the waiver process is described at
"Buy-America"Preference in
_FEMA Fin"Assistance_Programs for Infrastructure_I FEM_A_gov. For awards by other DHS
components, please contact the applicable DHS FAO.
To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus
required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please
see Programs and Definitions: Build America, Buy America Act l FEMA_gov,
Article XXXV-SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication
equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
Article XXXVI-Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws,
Article XXXVII -Trafficking Victims Protection Act of 2000(TVPA)
Trafficking in Persons:
DHS-FEMA-EMPG-FY22 Page 32 of 41 City of Kent EMD, E23-153 Revised
Recipients must comply with the requirements of the government-wide financial assistance award term which implements
Section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), codified as amended at 22 U.S.C, section 7104. The
award term is located at 2 C F R. section 175.15, the full text of which is incorporated here by reference.
Article XXXVIII-Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the
requirements set forth in the government-wide financial assistance award term regarding the System for Award Management
and Universal Identifier Requirements located at 2 C,F.R, Part 25, Appendix A, the full text of which is incorporated here by
reference.
Article XXXIX-USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C, sections
175-175c.
Article XL-Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
Article XLI-Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections(if applicable) at 10 U.S.0 section 2409,
41 U,S,C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article XLII-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. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to
initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate (GPD) along with all other pertinent project information.The EHP review process must be completed before
funds are released to carry out the proposed project;otherwise, DHS/FEMA may not be able to fund the project due to
noncompliance with EHP laws, executive orders, regulations, and policies.
If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential
archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through
entity, if applicable, and DHS/FEMA
Article XLIII-Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down
to subrecipients as a matter of law, regulation, or executive order, If the requirement does not apply to Indian tribes or there
is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe.The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does
not already exist.
Article XLIV-Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the
DHS-FEMA-EMPG-FY22 Page 33 of 41 City of Kent EMD, E23-153 Revised
award. Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASK-GMD@fema.dhs,gov if you have any
questions,
Article XLV-Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state
subrecipients,when that equipment is no longer needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition
of the equipment pursuant to 2 C.F.R. section 200,313. State recipients and state subrecipients must follow the disposition
requirements in accordance with state laws and procedures.
Article XLVI-Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
where required by 2 C.F.R. section 200.308.
For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R.
section 200.308(f) regarding the transfer of funds among direct cost categories, programs,functions, or activities.Therefore,
for awards with an approved budget where the federal share is greater than the simplified acquisition threshold(currently
$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written
approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of
the total budget FEMA last approved.
For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2
C.F.R. section 200.308(h)(5)to require the recipient to obtain prior written approval from FEMA before making any fund or
budget transfers between the two types of work
You must report any deviations from your FEMA approved budget in the first Federal Financial Report(SF-425)you submit
following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article XLVII -Indirect Cost Rate
2 C F.R. section 200 211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If
applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
BUDGET COST CATEGORIES
Personnel $4,529,534.00
Fringe Benefits $1,604,921.00
Travel $0.00
Equipment $10,000.00
Supplies $94,353.00
Contractual $10,598,626.00
Construction $0.00
Indirect Charges $405,086 00
Other $8,446.00
DHS-FEMA-EMPG-FY22 Page 34 of 41 City of Kent EMD, E23-153 Revised
Obligating Document for Award/Amendment -
la AGREENIEN'1'NO.`--2 AMENDMENT NO. 3. 4, TYPE OF ACTION 5. CONTROL NO.
EMS 2022-EP-00tx)6-S01 "*°« RECIPIENT AWARD SX00503N2022T,
NO. SX00503N2022T
N/A
6.RECIPIENT NAME AND 7.ISSUING FEND\OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS FEMA Finance Center
Washington Military FEMA-GPI) 430 Market Street
Department 400 C Street, SW,3rd floor Winchester,VA 22603
-Building 20 Washington,DC 20472-3645
Camp Murray,WA,98430- POC: 866-927-5646
5122
9.NAME OF RECIPIENT PHONF N0. 10.NAME OF F'EIVIA PROJECT COORDINATOR
PROJECT OFFICER 2535127456 Central Scheduling and Information Desk
Tirzah Kincheloe Phone:800-368-6498
Email Askcsid(Fodhs.gov
11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEIVIENT 14.PERFORMANCE PERIOD
TIIIS ACTION METHOD Cost Reimbursement From: To:
08/23/2022 OF 10/01/2021 09/30/2024
PAYMENT
Budget Period
PARS 10/01/2021 09/30/2024
1 5.DESCRIPTION OF ACTION
a-(Indicate funding data for awards or financial changed
PROGRAM ('FDA N(A ACCOUNTING DATA 'PRIOR AMOUNT CURRENT CUMULATI VE NON-
NAIv1F. (ACCS CODE) TOTAL, AWARDED TOTAL FEDERAL,COMMITMENT
ACRONYM .l'SCKX_LAX XS LK.KXX- Aw,AVd) THIS AWARD
XLXXX.XXXX_XXX\-` ACTION
+OR(-)
Emergency 97,042 1 2022-FA-GA01-R107-A120-1) $0.00 $7,560,609.00 $7,560,609,01) See Totals
Management
Performance
Grants
Emergency 97A42 12022-FE-GA01-R107-4120-1) $0.00 $1,064,874.00 $1,064.874.00 see Totals
Management i
Pei forniance
Grants
$0.00 $8,625,483.00 $8,625,483.00 $8,625,483.00
b.To describe changes other than funding data or financial changes,attach schedule and check here.
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See]Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients
should print and keep a copy of this document for their records.
16b,FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL(Name and Titte) DATE-
Sierra Wardell,Preparedness Grants Section Section Supervisor Fri Aug 26 21:02:34 GMT
2022
18. FEMA SIGNATORY OFFICIAL(Name and Title) DATE
Toe Aug 23 16:59:20 GMT
2022
DHS-FEMA-EMPG-FY22 Page 35 of 41 City of Kent EMD, E23-153 Revised
PATRICh GERARD NLARCHAN4,
DHS-FEMA-EMPG-FY22 Page 36 of 41 City of Kent EMD, E23-153 Revised
Attachment D
WORK PLAN
FY 2022 Emergency Management Performance Grant
Emergency Management Organization: City of Kent- Emergency Management Division
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to
the five elements of emergency management: prevention, protection, response, recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding. However, there
are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but
not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS
compliant. The Work Plan delineates the Emergency Management Organization's emergency management
program planning and priority focus for this grant cycle (to include EMPG grant and local funds).
Priority Area-Sustainment
Meeting refreshments Website Fees Small EM office supplies
Ink Cartridges EM/Volunteer shirts/polos Professional Membership
JQUZZ0,31 4.9 Training
Primary Core Capability Operational Coordination
Secondary Core Capability Community Resilience
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Conduct training and/or send Continued training for emergency Fully trained staff and volunteers
EM/ECC staff and EM Volunteers to management personnel, emergency who are better able to respond to
career development workshops, management volunteers and the Kent ECC/DOC's in an
seminars,conferences and trainings ECC/Department Operating Centers incident/event.
for emergency management. (DOCs)staff in accordance with EMPG
Purchases may include: manuals, program requirements.
printing costs, instructor costs,
registration,travel costs,sustenance
for trainings and small training
supplies.
PriorityA 4.11 Emergency Public Information and Education
Primary Core Capability Community Resilience II
Secondary Core Capability Long-term Vulnerability Reduction
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Deliver in person FEMA Community There are not enough first responders Larger number of CERT trained
Response Team (CERT)course at to help the community during a major members in the community will lead
least once per year to the City of incident. With continued training,the to a better prepared City that is
Kent, Covington,SeaTac and Puget City is building the volunteer database ready to respond to and become
Sound Fire response area. Major and becoming a more resilient more resilient after a disaster/event.
purchases may include manuals, community.
supplies,sustenance for training,
overtime for instructors, CERT shirts
&vests and promotional items.
DHS-FEMA-EMPG-FY22 Page 37 of 41 City of Kent EMD, E23-153 Revised
Participate in multiple community Focus is on building community safety The more youths and adults that are
events throughout the year such as and preparedness for both adults and trained and have knowledge in
Cornucopia Days, National Night out, youth. emergency preparedness creates an
Safety Fairs, Kids Safety Day,along engaged community who better
with Schools, neighborhoods and understands their role in the event
business disaster preparedness of a disaster and how to take care of
trainings. Purchases may include themselves,their families and
promotional items to spread neighbors.
emergency management messages,
printing, overtime costs for EM Staff.
Priority4.10 Exercises, Evaluations, and Corrective Actions
_ Primary Core Capability Operational Coordination
Secondary Core Capability Planning
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Participate in the design,conduct, The City's capabilities need to be Successful participation,completed
and evaluation of a minimum of 1 tested through activation,exercise, i AAR's identifying areas for
exercise or real activation to test and training. improvement,and for participants
parts of the COOP/COG plans as well to be able to better respond to an
as the City's CEMP. Purchases may incident/event.
include sustenance for
events/exercises,OT for EM Staff,
and printing fees.
Purchase small equipment/supplies Drill, exercises, and activations have Greater functionality will increase
for enhancements in functionality identified gaps in communications the ability for the city to respond to
and capability for situational sharing and the need for updated an event and increase the
awareness for the Kent ECC and ECC/DOC equipment and/or supplies. situational awareness between Kent
Department Operating Centers ECC, DOCs and regional partners.
(DOCs). Purchases may include:
printers,vests, projector bulbs,
storage solutions, NOAA weather
radio.
■ ■ 4.7 Communications and Warning
Primary Core Capability Operational Communications
Secondary Core Capability Situational Assessment
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Monthly contract of satellite phones During a major communications Satellite phones will provide
for ECC outage satellite phones are needed to redundant communications
communicate with State and other between City, State and other Local
_ Local Governments. Governments.
Enhance the emergency Without the antennas This equipment will enhance
communications capabilities for the communications in the ECC are spotty emergency communication
Kent ECC by hiring a contractor to and ineffective. capabilities for the City of Kent and
install antennas that were purchased ; allow the ECC to communicate
under previous agreement. effectively with the State EOC and
other agencies in the event of
emergencies,which will significantly
aid in response and recovery.
DHS-FEMA-EMPG-FY22 Page 38 of 41 City of Kent EMD, E23-153 Revised
Purchase radio go bags for our EM Our radio support team has grown HAM radio teams will provide
volunteer HAM radio team. over the years and to ensure redundant communication between
Purchases may include: laptops,small redundancy in the ability to I the City,State,and other local city
radio antennas,small radio supplies, communicate we have radio go-bags HAM radio teams in the event of a
storage bags. strategically placed throughout the disaster to provide better situational
fire stations in Kent that the radio awareness.
team can access in the event of a
disaster.
Priority Area#5 4.6 Resource Management, Mutual Aid,and Logistics
Primary Core Capability Operational Coordination
Secondary Core Capability Critical Transportation
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Purchase and wrap/sticker a new Due to age and deterioration,the A shelter trailer will give the City the
trailer that will be used as a shelter current shelter trailer needs to be I ability to open up an emergency
trailer for Kent Emergency replaced. shelter in the event of a major
Management and the City of Kent. disaster providing shelter to those
t not able to return to their homes.
Priority Area#6 4.4 Operational Planning and Procedures
Primary Core Capability Long-term Vulnerability Reduction
Secondary Core Capability Operational Coordination
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
Purchase MREs and other emergency To maintain sustenance for ECC/DOC Provide to all staff working during a
food/water for employee emergency staff in the event of disaster and major incident with sustainable food
preparedness program workers. replenish emergency food/water and and water. Having staff that are
basic emergency supplies to staff for prepared will enable the City to
individual emergency kits. better respond to and be more
resilient after a major disaster.
DHS-FEMA-EMPG-FY22 Page 39 of 41 City of Kent EMD, E23-153 Revised
Attachment E
TIMELINE
FY 2022 Emergency Management Performance Grant
DATE TASK
June 1, 2022 Grant Agreement Start Date
April 30, 2023 Submit reimbursement request
July 31, 2023 Submit reimbursement request
September 30, 2023 Grant Agreement End Date
November 15, 2023 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the above Timeline.
For waived or extended reimbursement due dates, all allowable costs should be submitted on the
next scheduled reimbursement due date contained in the above Timeline.
DHS-FEMA-EMPG-FY22 Page 40 of 41 City of Kent EMD, E23-153 Revised
Attachment F
BUDGET
FY 2022 Emergency Management Performance Grant
22EMPG AWARD $ 81,703.00
SOLUTION
AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT
Personnel & Fringe Benefits $ $
ZTravel/Per Diem $ $
Z Supplies $ - $
gConsultants/Contracts $ - $
a Other $ - $
Subtotal $ - $ -
Z Personnel & Fringe Benefits $ 1,000 $ 81,703
0 Travel/Per Diem $ - $
N Supplies $ 31,103 $ -
aConsultants/Contracts $ 26,000 $ -
Other $ 600 $ -
0 Subtotal $ 58703 $ 81,703
Personnel & Fringe Benefits $ - $
N Travel/Per Diem $ - $
0 Supplies $cc
x Consultants/Contracts
ul Other $
Subtotal $ - $ -
Personnel & Fringe Benefits $ 51000 $ -
Z Travel/Per Diem $ 4,200 $ -
Z Supplies $ 5,200 $ -
Consultants/Contracts $ 8,600 $ -
Other $ - $ _
Subtotal $ 23,000 $
a
5 Equipment $ - $
C
"' Subtotal $ - $ -
Personnel & Fringe Benefits $ - $
Travel/Per Diem $ - $
Suppliesca
-
2 Consultants/Contracts $ - $
Other $ - $
Subtotal $ - $
Indirect -
Indirect Cost Rate on file 0.00% for Time Period of N/A
TOTAL Grant Agreement AMOUNT: $ 81,703 $ 81,703
The Subrecipient will provide a match of$81,703 of non-federal origin, 50% of the total project cost local
budget plus EMPG award.
Cumulative transfers to budget categories in excess of ten percent(10%)of the Grant Agreement Amount
will not be reimbursed without prior written approval from the Department.
Funding Source: U.S. Department of Homeland Security- PI#723PT— EMPG
DHS-FEMA-EMPG-FY22 Page 41 of 41 City of Kent EMD, E23-153 Revised
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Kent - Emergency Management Division
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant E23-153
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
7Da/1�A��/
Dana Ralph Mayor
Matthew Morris Fire Chief
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Dana Ralph Mayor
G Matthew Morris Fire Chief
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Jennifer Keizer EM Coordinator II
Jeff DiDonato EM- Division Chief
\\NAC-1\VOL1\HOME\KARENB\.. MMSIGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
Washington Military Department contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Jeff DiDonato Kent Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
400 West Gowe#414 Kent, WA 98032 or Solicitation#,if any: Identifier(UBI) Identification#:
173-000-002
This certification is submitted as part of a regUest 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:
Print Name and Title: Jeff DiDjn to - Division Chief- EM
Washington Military Department Contract Number:E23-153
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What Is"Debarment Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am_I_required to 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 puroose 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 " ro osal" 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.