HomeMy WebLinkAboutContractDHS-FEMA-EMPG-ARPA-FY21 Page 1 of 34 City of Renton OEM, E22-209 Revised
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AMERICAN RESCUE PLAN ACT AGREEMENT FACE SHEET
1.Subrecipient Name and Address:
Renton, City of
Office of Emergency Management (OEM)
1055 S Grady Way
Renton, WA 98057-3232
2.Grant Agreement Amount:
$19,589
3.Grant Agreement Number:
E22-209 Revised
4.Subrecipient Contact, phone/email:
Deborah Needham, 425-430-7725
dneedham@rentonwa.gov
em@rentonwa.gov
5.Grant Agreement Start Date:
June 1, 2021
6.Grant Agreement End Date:
December 31, 2022
7.Department Contact, phone/email:
Michael Alston, 253-512-7083
michael.alston@mil.wa.gov
8.Data Universal Numbering System (DUNS):
092278894
9.UBI # (state revenue):
177-000-094
10.Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11.Federal Award ID # (FAIN):
EMS-2021-EP-00008-S01
12.Federal Award Date:
08/30/2021
13.Assistance Listings # (formerly CFDA) & Title:
97.042 (21EMPG-ARPA)
14.Total Federal Amount:
$2,136,034
15.Program Index # & OBJ/SUB-OBJ:
713PA NZ
16.EIN:
91-6001271
17.Service Districts:
(BY LEGISLATIVE DISTRICT): 11, 33, 37, 41
(BY CONGRESSIONAL DISTRICT): 8, 9
18.Service Area by County(ies):
King
19.Women/Minority-Owned, State
Certified: ☒ N/A ☐ NO
☐YES, OMWBE #_________
20.Agreement Classification:
☐Personal Services ☐ Client Services ☒ Public/Local Gov’t
☐Research/Development ☐A/E ☐ Other_______
21.Contract Type (check all that apply):
☐Contract ☒Grant ☒Agreement
☐Intergovernmental (RCW 39.34)☐Interagency
22.Subrecipient Selection Process:
☒“To all who apply & qualify”☐Competitive Bidding
☐Sole Source ☐A/E RCW ☐ N/A
☐Filed w/OFM? ☐ Advertised? ☐ YES ☐NO
23.Subrecipient Type (check all that apply):
☐Private Organization/Individual ☐For-Profit
☒Public Organization/Jurisdiction ☐Non-Profit
☐CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER
24.PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2021 Emergency Management Performance Grant American Rescue Plan Act (21EMPG-
ARPA) 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 21EMPG-ARPA DHS Award Letter for Grant No. EMS-2021-EP-
00008-S01, 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); 21EMPG-ARPA Award
Letter EMS-2021-EP-00008-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.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dawn C. Cortez [August 10, 2021]
Assistant Attorney General
FOR THE SUBRECIPIENT:
_____________________________________________
Signature Date
Armondo Pavone, Mayor, City of Renton
_____________________________________________
Signature (Attest) Date
Jason A. Seth, City Clerk, City of Renton
APPROVED AS TO FORM (if applicable):
_____________________________________________
Subrecipient’s Legal Review Date
CAG-22-052
(approved via email from Alex Tuttle)1/31/2022
2/25/2022
2/25/2022
3/7/2022
DHS-FEMA-EMPG-ARPA-FY21 Page 2 of 34 City of Renton OEM, E22-209 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 Deborah Needham Name Michael Alston
Title EM Director Title Program Coordinator
Email dneedham@rentonwa.gov
em@rentonwa.gov Email michael.alston@mil.wa.gov
Phone 425-430-7725 Phone 253-512-7083
Name Emily “MJ” Jorgensen Name Tirzah Kincheloe
Title EM Coordinator Title Program Manager
Email mjorgensen@rentonwa.gov
em@rentonwa.gov Email tirzah.kincheloe@mil.wa.gov
Phone 425-430-7727 Phone 253-512-7456
Name Name Courtney Bemus
Title Title Program Assistant
Email Email courtney.bemus@mil.wa.gov
Phone Phone 253-316-6438
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 21EMPG-ARPA 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) 2021 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness
Grants Manual document (the Manual), the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01, 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 21EMPG-ARPA 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:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 21EMPG-ARPA 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
DHS-FEMA-EMPG-ARPA-FY21 Page 3 of 34 City of Renton OEM, E22-209 Revised
published by DHS/FEMA applicable to the 21EMPG-ARPA 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) 2021 Emergency Management Performance Grant (EMPG) document, the
Manual, the DHS Award Letter for Grant No. EMS-2021-EP-00008-S01 in
Attachment C, and the federal regulations commonly applicable to DHS/FEMA
grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
21EMPG-ARPA 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 minimus
rate of ten percent (10%) or 10% of modified total direct costs or choose to
negotiate a higher rate with the Department. If the latter is preferred, the
Subrecipient must contact Department Key Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at https://www.gsa.gov,
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without 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@mil.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.
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.
DHS-FEMA-EMPG-ARPA-FY21 Page 4 of 34 City of Renton OEM, E22-209 Revised
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
reimbursements, 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.
l. 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. 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.
d. 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-ARPA-FY21 Page 5 of 34 City of Renton OEM, E22-209 Revised
e. 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.
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.
iii. 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)
D. Assistance Listings Number (formerly CFDA Number)
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 their 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.
DHS-FEMA-EMPG-ARPA-FY21 Page 6 of 34 City of Renton OEM, E22-209 Revised
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of $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 categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located on the FEMA website at https://www.fema.gov/grants/guidance-
tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal
entity to which the Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program and 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 EMPG, 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
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-ARPA-FY21 Page 7 of 34 City of Renton OEM, E22-209 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 section 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the
Director of National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
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-tools/environmental-historic all of which
are incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to 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
DHS-FEMA-EMPG-ARPA-FY21 Page 8 of 34 City of Renton OEM, E22-209 Revised
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and FEMA approval received by the Subrecipient before
any work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
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:
i. Review of financial and performance reports
ii. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. Observation and documentation of Agreement related activities, such as
exercises, training, events, and equipment demonstrations
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
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-ARPA-FY21 Page 9 of 34 City of Renton OEM, E22-209 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 https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on https://www.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 FY 2021 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS Implementation Objectives are located at
https://www.fema.gov/sites/default/files/2020-07/fema_nims_implementation-objectives-
20180530.pdf.
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 21EMPG-ARPA 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.
DHS-FEMA-EMPG-ARPA-FY21 Page 10 of 34 City of Renton OEM, E22-209 Revised
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
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. 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.
e. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval
from the Department Key Personnel before attending the training. The Department will coordinate
approval with the State Training Point of Contact. . If funding is allocated to non-DHS FEMA
training, the Subrecipient must request prior approval from the Department Key Personnel prior
to attending 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/Training_Course_Review_and_Approval_IB_Final_7_19_18.pdf, the training must fall within
the FEMA mission scope and be included in 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.
f. 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/pdf/emergency/nims/nims_training_program.pdf (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.
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 21EMPG-ARPA funding, the Subrecipient shall comply with all applicable DHS terms
and conditions of the 21EMPG-ARPA Award Letter and its incorporated documents for DHS Grant No.
EMS-2021-EP-00008-S01, which are incorporated and made a part of this Agreement as Attachment C.
DHS-FEMA-EMPG-ARPA-FY21 Page 11 of 34 City of Renton OEM, E22-209 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-ARPA-FY21 Page 12 of 34 City of Renton OEM, E22-209 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/requiredgrantforms. Any such form
completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ Debarred Vendor List (https://www.des.wa.gov/services/contracting-
purchasing/doing-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 section
1352, title 31, U.S. Code.
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 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-EMPG-ARPA-FY21 Page 13 of 34 City of Renton OEM, E22-209 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
200.317 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-ARPA-FY21 Page 14 of 34 City of Renton OEM, E22-209 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-ARPA-FY21 Page 15 of 34 City of Renton OEM, E22-209 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 panel 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 panel 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 panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
DHS-FEMA-EMPG-ARPA-FY21 Page 16 of 34 City of Renton OEM, E22-209 Revised
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
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
DHS-FEMA-EMPG-ARPA-FY21 Page 17 of 34 City of Renton OEM, E22-209 Revised
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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”).
DHS-FEMA-EMPG-ARPA-FY21 Page 18 of 34 City of Renton OEM, E22-209 Revised
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
DHS-FEMA-EMPG-ARPA-FY21 Page 19 of 34 City of Renton OEM, E22-209 Revised
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
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 parties intend that an independent contractor relationship will be created by this Agreement. 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 by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but not limited to,
Workmen's 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.
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 and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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.
DHS-FEMA-EMPG-ARPA-FY21 Page 20 of 34 City of Renton OEM, E22-209 Revised
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
“Termination for Convenience”.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
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.
DHS-FEMA-EMPG-ARPA-FY21 Page 21 of 34 City of Renton OEM, E22-209 Revised
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 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may use the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-ARPA-FY21 Page 22 of 34 City of Renton OEM, E22-209 Revised
Attachment C
21EMPG-ARPA Award Letter
EMS-2021-EP-00008-S01
DHS-FEMA-EMPG-ARPA-FY21 Page 23 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 24 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 25 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 26 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 27 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 28 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 29 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 30 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 31 of 34 City of Renton OEM, E22-209 Revised
DHS-FEMA-EMPG-ARPA-FY21 Page 32 of 34 City of Renton OEM, E22-209 Revised
Attachment D
WORK PLAN
FY 2021 Emergency Management Performance Grant- American Rescue Plan Act
Emergency Management Organization: City of Renton Office of Emergency Management (OEM)
The purpose of EMPG-ARPA is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG-ARPA 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-ARPA funding. However, there
are required capabilities that must be sustained in order to remain eligible for EMPG-ARPA 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 #1 4.4 Operational Planning and Procedures
Primary Core Capability Operational Coordination
Secondary Core Capability Planning
Build or Sustain Sustaining/Maintaining
WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT
2 - Revise operational procedures for
the EOC and key ESF functions to
align with new recommendations
for mutual aid interoperability and
for adaptations to a virtual or hybrid
environment for EOC operations.
- Provide procedural training for
EOC personnel.
Major purchases include
professional services for consulting.
This is a newly identified need as a
result of COVID-19, and which has
not yet been captured in a written
AAR/IP. It is based on input and
recommendations being received
through the ongoing Operations
Section meetings of the EOC, and it
meets the industry expectation that
operational procedures for the EOC,
sheltering, etc. will adapt based on
changing circumstances. There are
no funds in the city budget for this
activity, and due to budget cuts of
personnel for 2021, there is not
enough force labor hours to
conduct this work in a timely
fashion to meet the need. Thus,
federal funds will allow this
important work to proceed.
When completed, operational
procedures will include pandemic
considerations and integration of
virtual operations where feasible.
The intended outcome is for
emergency management operations
to be more flexible with less
disruption during a continuity of
operations incident, ensuring the
ability of the city to provide an
appropriate response in a crisis.
DHS-FEMA-EMPG-ARPA-FY21 Page 33 of 34 City of Renton OEM, E22-209 Revised
Attachment E
TIMELINE
FY 2021 Emergency Management Performance Grant- American Rescue Plan Act
DATE TASK
June 1, 2021 Grant Agreement Start Date
July 31, 2022 Submit reimbursement request
December 31, 2022 Grant Agreement End Date
February 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 reimbursements, all allowable costs should be submitted on the next
scheduled reimbursement due date contained in the Timeline.
DHS-FEMA-EMPG-ARPA-FY21 Page 34 of 34 City of Renton OEM, E22-209 Revised
Attachment F
BUDGET
FY 2021 Emergency Management Performance Grant - American Rescue Plan Act
21EMPG-ARPA AWARD 19,589.00$
SOLUTION
AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT
Personnel & Fringe Benefits -$ -$
Travel/Per Diem -$ -$
Supplies -$ -$
Consultants/Contracts 19,589$ -$
Other -$ -$
Subtotal 19,589$ -$
Personnel & Fringe Benefits -$ 19,589$
Travel/Per Diem -$ -$
Supplies -$ -$
Consultants/Contracts -$ -$
Other -$ -$
Subtotal -$ 19,589$
Personnel & Fringe Benefits -$ -$
Travel/Per Diem -$ -$
Supplies -$ -$
Consultants/Contracts -$ -$
Other -$ -$
Subtotal -$ -$
Personnel & Fringe Benefits -$ -$
Travel/Per Diem -$ -$
Supplies -$ -$
Consultants/Contracts -$ -$
Other -$ -$
Subtotal -$ -$
Equipment -$ -$
Subtotal -$ -$
Personnel & Fringe Benefits -$ -$
Travel/Per Diem -$ -$
Supplies -$ -$
Consultants/Contracts -$ -$
Other -$ -$
Subtotal -$ -$
Indirect -$ -$
Indirect Cost Rate on file 0.00%N/A
TOTAL Grant Agreement AMOUNT:19,589$ 19,589$
for Time Period of:M&APLANNINGORGANIZATION EXERCISETRAININGEQUIP
The Subrecipient will provide a match of $19,589 of non-federal origin, 50% of the total project cost (local
budget plus EMPG-ARPA award).
Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount
will not be reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 713PA – EMPG-ARPA
SIGNATUREAUTHORIZATIONFORMWASHINGTONSTATEMILITARYDEPARTMENTCampMurray,Washington98430-5122Pleasereadinstructionsonreversesidebeforecomoletingthisform.NAMEOFORGANIZATIONDATESUBMITTEDCityofRenton12/28/2021PROJECTDESCRIPTIONCONTRACTNUMBEREMPG-E22-1941.AUTHORIZINGAUTHORITYSIGNATUREPRINTORTYPENAMETITLE/TERMOFOFFICEArmondoPavoneMayor‘.2.AUTHORIZEDTOSIGNCONTRACTS/CONTRACTAMENDMENTSSIGNATUREPRINTORTYPENAMETITLEArmondoPavoneMayor/‘EdVanValeyChiefAdministrativeOfficer3.AUTHORIZEDTOSIGNREQUESTSFORREIMBURSEMENTSIGNATUREPRINTORTYPENAMETITLE1/DeborahNeedhamEmergencyMgmtDirectorcic4/e_edL1/4MJJorgensenEmergencyMgmtCoordinatorNAC-1W&1HOMENB\..WPSIGNAUTHRevised3/03