HomeMy WebLinkAbout5767 RESOLUTION NO. 5767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A HAZARD MITIGATION GRANT AGREEMENT WITH
THE WASHINGTON STATE MILITARY DEPARTMENT AND ALL
OTHER AGREEMENTS RELATING TO THE RESERVOIR 2.
SEISMIC CONTROL VALVE PROJECT AND IF MATCHING
FUNDS ARE WITHIN THE BUDGET TO ACCEPT AND EXPEND
GRANT FUNDING FOR THE PROJECT •
WHEREAS, Reservoir 2 is a water reservoir with a storage capacity of 3.6
million gallons for the City's water system; and
WHEREAS, large diameter pipes convey water from the reservoir to the
distribution system; and
WHEREAS, if a pipe breaks during an earthquake, the large volume of
water in the reservoir could quickly flow out of the reservoir, causing local
flooding, and loss of pressure within the water distribution system; and
WHEREAS, installation of an automatic seismic control valve will retain
water in the reservoir and lessen the negative impacts of an earthquake; and
WHEREAS, installation of seismic control valves at the City's reservoirs
was identified in the City's Comprehensive Water Plan (October 2015); and
WHEREAS, the City applied for and received approval from the
Washington State Military Department for a Hazard Mitigation Grant to provide
partial funding in the amount of$1,268,750.00 for the project entitled "Reservoirs
2 Seismic Control Valve project"; and
Resolution No. 5767
May 3, 2024
Page 1
•
WHEREAS, it is in the best interest of the City to use federal grant monies
to finance capital improvements to the water utility system; and
WHEREAS, the 2023-2024 City of Auburn budget identifies $181,250.00 in
City required matching water funds for the Reservoir 2 Seismic Control Vale
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and expend hazard
mitigation grant funds for the Reservoir 2 Seismic Control Valve project and
execute grant agreements with the Washington State Military Department in
substantial conformity with the agreement attached as Exhibit A. The Mayor is
authorized to accept and expend additional grant funding from public or private
sources as long as the amounts for any City matching fund requirements are
within the approved City budget.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and other contracts for all future
phases of the Reservoir 2 Seismic Control Valve Project, expending up to the
total amount of the Project budget, and to implement administrative procedures
necessary to carry out the directions of this legislation.
Resolution No. 5767
May 3, 2024
Page 2
Section 3. This Resolution shall take effect and be in full force on
passage and signature.
Dated and Signed this 20th day of May, 2024.
CITY OF AUBURN
ANCY ACu. S, MAYOR
ATTEST: APPROVED AS TO FORM:
Q.....„1„.
Shawn Campbell, MMC, City Clerk Doug Ruth, Acting City Attorney
Resolution No. 5767
May 3, 2024
Page 3
•
Washington State Military Department i •
HAZARD MITIGATION GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Total Grant Amount: $1,450,000:00 3. Grant Number:
City of Auburn State:$181,250.00 D24=051;
25 West Main Street Federal:$1,087,500.00 .
Auburn,WA 98001 Local:$181,250.00
SubMC:$0.00 .
4; Subrecipient Contact,.phone/email: '5. Grant Start Date: 6. Grant End Date:
Ryan Vondrak,(253)931-3086 November 28,2023 June 8,2026 ' .
rvondrak@auburnwa.gov
7. Department Program Manager;phone/email: 8. Unique Entity ID(UEI): 9. UBI#(state,revenue): •
Tim Cook,.(253)512-7072 LT4FLVEW5U28 171-000-010
tim.caokAmiLwa,gov
10. Funding Authority:
Washington State.Military.Department(the"DEPARTMENT"),and Federal Emergency Management Agency(FEMA)
11. Federal Funding Identification#: 12. Federal Award Date 13. Assistance Listing#&Title:
BRIG=2021 November 28,2023 97.047(BRIG)
EMS-2021-BR-044-0009
14.Program Index#&OBJ/SUB-OBJ: 15.TIN or SSN:
(Fed)714BR NZ,(State):71'2BS NZ,(SubMC)714BP 91-600.1228 .
16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT): 30th' King County Certified?: '
(BY CONGRESSIONAL DISTRICT):8th x N/A 0 NO
0 YES,OMWBE#
19. Contract Classification: 20. Contract Type(check all that apply):
0 Personal Services 0 Client Services x Public/Local Gov't 0 Contract x Grant 'x Agreement
0.Research/D.evelopment 0 A/E 0 Other 0 Intergovernmental(RCW 39.34) 0 Interagency
21. Contractor Selection Process: 22. Contractor Type(check all that apply)
x "To all who apply&qualify" 0 Competitive Bidding. 0 Private Organization/Individual 0 For-Profit
0 Sole Source 0 NE RCW' 0 N/ALT x Public Organization/Jurisdiction x Non-Profit ,
0 Filed w/OFM? 0 Advertised? 0 YES ONO '0 VENDOR. x SUBRECIPIENT x-OTHER
23. PURPOSE/DESCRIPTION:
FEMA's Building Resilient Infrastructure and Communities.(BRIO)program is designed to promote a national culture of preparedness and public
..safety-:through:-encouraging investments#o-.protect the nation's.communities and infrastructure-and-through strengthening-nationalmitigation----
capabilities to foster resilience.The BRIGprogram seeks to fund effective and Innovative projects that will reduce risk and increase resilience and
serve as a catalyst to encourage the'whole community to invest in and adopt policies related to mitigation,
Title: Reservoir 2 Seismic Control Valve. The purpose of this Agreement is to provide-funds to the SUBRECIPIENT for the herein proposed
project as noted:in Statement of Work and/or Description of the Project(Attachment 3), Project Development Schedule (Attachment 4), Project '
Budget(Attachment 5),and the FEMA approved project application,each'of which are incorporated herein by this reference.The DEPARTMENT
is the Recipient and Pass-through Entity of the EMS-2021-BR-044-0009 Reservoir 2 Seismic Control Valve.and FEMA State Agreement,which are
incorporated by reference,and makes 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 and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; .
Special Terms&Conditions(Attachment 1');General Terms and Conditions(Attachment 2);Statement of Work and/or Description of Project(Attachment 3);
Project Development Schedule(Attachment 4);Project Budget(Attachment 5);and all other documents,exhibits arid attachments expressly referenced and
incorporated herein contain allthe terms and conditions"agreed upon by the parties and govern the rights and obligations of the parties to this Agreement:
No other understandings,.oral'orotherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms.and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and,
3. Work Plan,Schedule,and Budget 6. Other provisions of the Agreement incorporated by reference_
WHEREAS the parties hereto have executed this Agreement on the day and year lastspecified below.
F THE DEPARTMENT: FOR THE SUBRECIPIENT:
vt� s/Z /zD'A
� •,,,;`•,::0', i -
Siture Date ignatur Date
Regan Anne Hesse,Chief Financial Officer Nancy Ba" ,,s, Mayor .
Washington State Military Department City-Of Auburn
BOILERPLATE APPROVED AS TO FORM:: es
Dierk Meierbachtoi 4/4/2023. <AppO AS TO.FOR .
Assistant Attorney General % �� /�
Date.
Mitigation Project Grant Agreement-REV 8/8/23 Page 1 of 32 City of Auburn, D24-051
Attachment 1
Washington State Military Department
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 MILITARY DEPARTMENT
Name Ryan Vondrak Name Tim Cook
Title Utilities Engineering Manager Title State Hazard Mitigation Officer
E-Mail rvondrak@auburnwa.gov E-Mail tim.cook@mil.wa.gov
Phone 253-931-3086 Phone 253-512-7072
Name Ingrid Gaub Name Ryan Chandler
Title Public Works Director Title HMA program Supervisor
E-Mail igaub@auburnwa.gov E-Mail ryan.ciandler@mil.wa.gov
Phone 253-804-3113 Phone 253-512-7460
Name Senait Gebreeyesus Name Nicole Canning
Title Water Utility Engineer Title HMA Program Coordinator
E-Mail sgebreeyesus@auburnwa.gov E-Mail nicole.canning@mil.wa.gov
Phone 253-804-5061 Phone 253-512-7236
ARTICLE II ADMINISTRATIVE 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 BRIC program including, but not limited to,all criteria, restrictions,and requirements
of the Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) 2021, the federal
regulations commonly applicable to FEMA grants, and the FEMA Award Letter and its attachments, all of which
are incorporated herein by reference.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein 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 paymeint whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, cr if federal funds are not appropriated
or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR HAZARD MITIGATION GRANTS:
The following requirements apply to all DHS/FEMA Hazard Mitigation Grants administered by the
DEPARTMENT.
1. SUBAWARDS &CONTRACTS BY SUBRECIPIENTS
a. The SUBRECIPIENT must make a case-by-case determination whether each agreement
it makes for the disbursement of BRIC funds received under this Agreement casts the
party receiving the funds in the role of a SUBRECIPIENT or contractor in accordance with
2 CFR 200.331.
b. If the SUBRECIPIENT becomes a pass-through entity by making a subaward to a non-
federal entity as its subrecipient:
The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of BRIC 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
Mitigation Project Grant Agreement—REV 8/8/23 Page 2 of 32 City of Auburn, D24-051
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to EMS-2021-BR-044-0009, including, but
not limited to, all criteria, restrictions, and requirements of the Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) 2021 BRIC
document, the Manual, the DHS Award Letter for the Grant, and the federal
regulations commonly applicable to DHS/FEMA grants.
iii. The SUBRECIPIENT shall be responsible to the DEPARTMENT for ensuring
that all BRIC 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 2 of this Agreement.
2. PROJECT FUNDING
The DEPARTMENT will administer EMS-2021-BR-044-0009 and will pass through the federal
match and commit the available state match. The SUBRECIPIENT will commit the required local
match.
a. The total cost of the project for the purposes of this Agreement is $1,450,000.00 dollars;
PROVIDED that, if the total cost of the project when completed, or when this Agreement
is terminated, is actually less than above, the actual cost shall be substituted herein.
b. The value of the contributions by the SUBRECIPIENT to the project shall be$181,250.00
dollars, or 12.5 percent, at minimum, of the total project cost. The SUBRECIPIENT's
contributions may be cash or in-kind, must be from a non-federal source, must be
reasonable, allowable and allocable, and must comply with all Federal requirements and
regulations.
c. When the DEPARTMENT enters into an agreement with the Federal Emergency
Management Agency (FEMA) to contribute federal funds to this project, that federal
contribution will be$1,087,500.00 dollars, or 75 percent of the total project cost,whichever
is less.
d. The value of the contributions by the DEPARTMENT to the project shall be $181,250.00,
dollars, or 12.5 percent, at minimum, of the total project cost and is contingent on
legislative approval of DEPARTMENT funding pursuant to the prerequisites provided in
subsection g. The DEPARTMENT's contributions must be from a non-federal source and
must comply with all Federal requirements and regulations.
e. The Federal Emergency Management Agency (FEMA) has contributed federal funds for
SUBRECIPIENT Management Costs (SubMC). SubMC includes costs for administering
the grant and indirect costs. This federal contribution is in addition to the federal award for
project costs and is suitable for 100% reimbursement for eligible expenses.The maximum
amount available for SubMC is $0.00 dollars, limited to 5% of the eligible project
expenditures for administrative, indirect, or overhead costs, whichever is less.
f. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in
Subsections c, d, and e above, unless that additional amount has been approved in
advance by both the DEPARTMENT and SUBRECIPIENT and is incorporated by written
amendment into this Agreement.
g. The Washington State Legislature may authorize the DEPARTMENT to provide a match
to the SUBRECIPIENT's non-federal share of eligible projects. Provision of a match by
the DEPARTMENT, if authorized by the Washington State Legislature, shall not require
amendment of this Agreement. If DEPARTMENT match funds are committed to the non-
federal share by the DEPARTMENT pursuant to legislative authorization, the
DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will
include information identifying any related reduction in the SUBRECIPIENT's percentage
commitment.
h. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers
between project budgets, as identified in the Project budget (Attachment 5) and the
Mitigation Project Grant Agreement—REV 8/8/23 Page 3 of 32 City of Auburn, D24-051
Statement of Work and/or description of Project (Attachment 3), to exceed 10% of the
Grant Agreement Amount. Any changes to project budgets other than in compliance with
this paragraph will not be reimbursed.
3. GRANT AGREEMENT PERIOD
Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall only be those after the obligation of federal funds on November 28,2023 and shall
terminate on June 8,2026. This period shall be referred to herein as the Grant Agreement Period
and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Grant
Agreement Period shall include pre-award costs authorized in writing by FEMA as well as eligible
costs incurred after the effective date of the Grant Agreement Period and before termination.
a. The SUBRECIPIENT shall complete the project las described in the FEMA approved
project application EMS-2021-BR-044-0009, incorporated in and made a part of this
Agreement by reference, and as described in Attachments 3, 4, and 5. In the event of
extenuating circumstances, the SUBRECIPIENT may request, in writing, that the
DEPARTMENT extend the deadline for Grant Agreementlcompletion.
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA
approval of the Grant Agreement Period followed by execution of a mutually agreed written
amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT
addressing extensions of the DEPARTMENT'S underlying federal grant performance
period or to provide additional time for completion of the SUBRECIPIENT's project(s).
c. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the DEPARTMENT may have
under this Agreement, the amounts set out in Article II, section A.2 Project Funding,
above, may be reduced to exclude any such expenditure from participation.
d. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a
material breach of this Agreement for which the DEPARTMENT is entitled to termination
or suspension under Attachment 2, section A.37.
4. REIMBURSEMENT AND BUDGET REQUIREMENTS
The DEPARTMENT, using mitigation funds from 42 U.S.C. § 5133 (Pub. L. No. 93-288, Section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as
amended, and the State of Washington, for the BRIC program, shall issue payments to the
SUBRECIPIENT as follows:
a. All payment requests shall be made to the SUBRECIPIENT upon submission and
approval of eligible, reimbursable work completed and billed on an A-19, form, State of
Washington Invoice Voucher Distribution. Approval is subject to receipt of acceptable
documentation by the DEPARTMENT, to include, but not limited to, copies of receipts for
all goods and services purchased, copies of invoices from contractors and subcontractors
for work completed, and copies of timesheets for staff involved with the project, sign-
in/sign-out sheets for donated personnel and/or volunteer time spent on the project, and
documentation to support other in-kind contributions.
b. The DEPARTMENT reserves the right to withhold isbursement of up to 10 percent of the
total project cost to the SUBRECIPIENT until the roject has been completed and given
final approval by the DEPARTMENT.
c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60
days after submission by the SUBRECIPIENT of the final report, final A-19, Voucher
Distribution, and completion of all final inspections by the DEPARTMENT.
Final payment by the DEPARTMENT also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
Mitigation Project Grant Agreement—REV 8/8/23 Page 4 of 32 City of Auburn, D24-051
d. Within the total Grant Amount of this Agreement, budget categories will be reimbursed on
an actual cost basis unless otherwise provided in this Agreement.
e. 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 Amount of this Agreement.
f. For travel costs, 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 http://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's Key Personnel.
g. 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 local, state, or federal auditors.
h. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by
submitting a properly completed State A-19 Invoice Form, Interagency Electronic Funds
Transfer, or Agency/Business invoice with support documentation detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted by email to both the DEPARTMENT's Hazard Mitigation Program Coordinator
and the Program Manager no later than the due dates listed within the Grant Timeline
(Attachment 4), but not more frequently than monthly.
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 45 days
after the Grant Agreement End Date, except as otherwise authorized by written
amendment of this Agreement and issued by the DEPARTMENT.
j. If applicable, 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.
k. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement(including but not limited to those reports in the Project Development Schedule
Attachment 4)will prohibit the SUBRECIPIENT from being reimbursed until such complete
reports and reimbursement requests are submitted and the DEPARTMENT has had
reasonable time to conduct its review. Final reimbursement requests will not be approved
for payment until the SUBRECIPIENT is current with all reporting requirements contained
in this Agreement.
SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose.
The SUBRECIPIENT may be required to demonstrate and document that the reduction in _
non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
5. REPORTING REQUIREMENTS
In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT
shall promptly prepare and submit the following reports to the DEPARTMENT's Key Personnel:
a. Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the SUBRECIPIENT should note any challenges or
issues associated with the project. Failure to submit a complete quarterly report within 15
Mitigation Project Grant Agreement—REV 8/8/23 Page 5 of 32 City of Auburn, D24-051
days following the end of the quarter will result in suspension of all payments to the
SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
an estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
c. The SUBRECIPIENT shall submit a quarterly progress report describing current activities
as outlined in the Timeline.
d. The SUBRECIPIENT shall submit a Final Report with final reimbursement no later than
45 days after Agreement End Date.
e. 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.
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 2, A.11.
b. For all contracts expected to exceed $250,000, tle DEPARTMENT may request pre-
procurement documents, such as request for proposals, invitations for bids and independent
cost estimates.This request may apply to any non-federal entity to which the SUBRECIPIENT
makes a subaward, at which point the SUBRECIPIENT will be responsible for reviewing and
approving procurement requests of any non-federal entity to which the SUBRECIPIENT
makes an award.
c. For all sole source contracts expected to exceed the:micro-purchase threshold per 2 CFR
200.1, the SUBRECIPIENT must submit justification to the DEPARTMENT for review and
approval. This requirement must be passed on to any non-federal entity to which the
SUBRECIPIENT makes a subaward, at which point the SUBRECIPIENT will be responsible
for reviewing and approving sole source justifications to any non-federal entity to which the
SUBRECIPIENT makes an award.
7. TIME EXTENSIONS
A time extension request for Agreement completion must be submitted by the SUBRECIPIENT
to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project will not be
completed within the approved Period of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work. Failure to timely submit a complete time extension
request may result in denial of the time extension and loss of funding for the project.
8. SUBRECIPIENT MONITORING
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to
closeout. The goal of the DEPARTMENT'S monitoring activities 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 "2 CFR Part 200
Mitigation Project Grant Agreement—REV 8/8/23 Page 6 of 32 City of Auburn, D24-051
Subpart F Audit Certification Form" located at http://mil.wa.gov/emergencv-management-
division/grants/requiredgrantforms along with the signed Agreement. The
SUBRECIPIENT shall complete and return the form to the DEPARTMENT each fiscal year
thereafter until the Agreement is closed.The form is incorporated by reference herein and
made a part of this Agreement.
c. Monitoring activities may include, but are not limited to:
Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings, 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, funded events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined
above and in 2 CFR Part 200, 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.
9. CLOSE-OUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and
total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT.
After receiptof the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site
inspection and review supporting documentation for compliance with the requirements of the
Agreement.
Prior to project close-out, the SUBRECIPIENT shall provide the DEPARTMENT with acceptable
documentation supporting compliance with the Agreement. General documentation supporting
compliance with the Agreement typically includes, but is not limited to, the following:
a. Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
b. Digital geospatial coordinates (latitude and longitude) for each structure with an accuracy of
± 20 meters (64) feet.
c. Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-compliant.
d. Certification that the SUBRECIPIENT has met the environmental and historic preservation
conditions of the grant award as described in this Agreement.
e. Copies of all compliance and consultation documentation required by the grant award as
described in the Agreement (e.g., coastal zone management consistency determination from
Department of Ecology).
f. Copies of all documentation related to inspection for and removal and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, the following:
a. Signed Statement of Voluntary Participation from the owner of each acquired property.
b. Documentation of dates of acquisition and structure demolition or removal from property for
each property.
c. Copy of recorded open space deed restrictions for each acquired property.
Mitigation Project Grant Agreement—REV 8/8/23 Page 7 of 32 City of Auburn, D24-051
d. Copy of the AW-501 form filed with the NFIP for each'acquired repetitive loss property.
e. Documentation of consultation with the Army Corps of Engineers and Washington State
Department of Transportation regarding future use of each property.
Specific additional documentation requirements for projects to elevate structures above the base
flood elevation include, but are not limited to, the following:
a. Photographs of the structures prior to elevation, and front, rear and side photos post-elevation.
b. Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
c. Copies of the post-project elevation certificate for each structure.
d. Copies of the certificate of occupancy for each elevated structure to certify that it is code
compliant.
e. Certification by an engineer,floodplain manager or other senior official of the SUBRECIPIENT
that each completed structural elevation is in compliance with local ordinances and NFIP
regulations and technical bulletins.
f. Copy of the AW-501 form filed with the NFIP for each elevated repetitive loss property.
g. Copies of proof of flood insurance for each elevated structure.
h. Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area.
The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation
requirements of the Agreement throughout the Period of Performance.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the
source and application of all mitigation grant funds for six gears following the closure of this grant.
For all funds received, source documentation includes adequate accounting of actual costs and
recoveries incurred. 1
10. LIMITED ENGLISH PROFICIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI)
All SUBRECIPIENTS 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. Execu ive 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 lianguage assistance for LEP persons.
For additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance at https://www.dhs.gov%quidance-published-help-department-
supported-organizations-provide-meaninofui-access-people-limited and additional resources on
http://www.lep.gov.
11. 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/qrants/quidance-tools/environmental-historic, which is
incorporated into and made a part of this Agreement.
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b. Projects that have historical impactors or the potential to impact the environment,
including, but not limited to, construction of communication towers; modification or
renovation of existing buildings, structures and facilities; or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also require a DHS/FEMA EHP review before
project initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
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.
12. ADDITIONAL SPECIAL CONDITIONS
a. Construction Documents, Contracts, Change Orders
Construction Document Approval: Upon request, the SUBRECIPIENT agrees to
submit one copy of all construction plans and specifications to the DEPARTMENT
prior to solicitation of bids. This request is to ensure bid set consistency with the
subgrant's approved scope of work.
ii. The SUBRECIPIENT shall use a competitive procurement process in the
procurement and award of any contracts with contractors or sub-contractors that
are entered into under the original contract award. Copies of all bids and contracts
awarded shall be submitted to the DEPARTMENT upon request. Where all bids
are substantially in excess of project estimates,the DEPARTMENT may, by notice
in writing, suspend the project for determination of appropriate action, which may
include termination of the Agreement.
iii. Construction Change Order: All change orders must be in writing and shall be
submitted to the DEPARTMENT. The SUBRECIPIENT shall pay any increase in
the cost of the project as the result of a change order, unless the DEPARTMENT
has agreed to the change with a written amendment to this Agreement.
13. EQUIPMENT AND TRACKABLE ASSETS MANAGEMENT
a. If applicable, 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 requirements, when procuring any equipment or
trackable assets under this Agreement, 2 CFR 200.313 for management of equipment,
and 2 CFR 200 to include but not limited to:
Upon successful completion of the terms of this Agreement, all equipment and
trackable assets 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 or other means of legal transfer of
ownership is in place.
ii. All equipment, and trackable assets as applicable, purchased under this
Agreement will be recorded and maintained in the SUBRECIPIENT's inventory
system.
iii. Inventory records shall include:
A. Description of the property
Mitigation Project Grant Agreement—REV 8/8/23 Page 9 of 32 City of Auburn,.D24-051
B. Manufacturer's serial number, or other identification number
C. Funding source for the property, including the Federal Award Identification
Number (FAIN) (Face Sheet, Box 11)
D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box
13)
E. Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property at the date the information was
reported
I. Disposition data including the date of disposal and sale price of the
property.
iv. The SUBRECIPIENT shall take a physical inventory of the equipment, and
trackable assets 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 trackable
assets including all questions of liability. The SUBRECIPIENT shall develop
appropriate maintenance schedules and procedures to ensure the equipment and
trackable assets are well maintained and kept in good operating condition.
vi. The SUBRECIPIENT shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any loss, damage,
or theft shall be investigated, and a report generated and sent to the
DEPARTMENT'S Key Personnel.
vii. The SUBRECIPIENT must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the SUBRECIPIENT is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement trackable assets 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 Trackable assets: If there is a riesidual inventory of unused trackable
assets exceeding $5,000 in total aggregate value upon termination or
completion of the project or program and the trackable assets are not
needed for any other federal awardithe SUBRECIPIENT must retain the
trackable assets 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
Mitigation Project Grant Agreement—REV 8/8/23 Page 10 of 32 City of Auburn, D24-051
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. Unless Expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
d. If funding is allocated to emergency communications, the SUBRECIPIENT must ensure
that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, ensuring the investments are
compatible, interoperable, resilient, and support national goals and objectives for
improving emergency communications.
e. Effective August 13, 2020, FEMA recipients and SUBRECIPIENT, as well as their
contractors and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).
Recipients and SUBRECIPIENTS may use DHS/FEMA grant funding to procure
replacement equipment and services impacted by this prohibition, provided the costs are
otherwise consistent with the requirements of the Manual and applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
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.
Mitigation Project Grant Agreement—REV 8/8/23 Page 11 of 32 City of Auburn, D24-051
The SUBRECIPIENT must pass through equipment and trackable assets 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.
B. DHS FFY24 STANDARD TERMS AND CONDITIONS
As a SUBRECIPIENT of BRIC funding, the SUBRECIPIENT shall comply with all applicable FEMA/DHS
terms and conditions of the FEMA Award Letter and its associated documents for DHS, which are
incorporated in and made a part of this Agreement.
•
Mitigation Project Grant Agreement—REV 8/8/23 Page 12 of 32 City of Auburn, D24-051
Attachment 2
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 following 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 pass-through entity making a subaward to a SUBRECIPIENT under
this Agreement.
c. "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 200.93 for
all other purposes.
d. "Monitoring Activities" means all administrative, construction, financial, or other review activities that
are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "Project" means those actions funded through the Hazard Mitigation Assistance Grant Program and
described in approved Project Worksheets. Projects may include one or more of the following:
reimbursement of costs for emergency response, debris removal and/or repair or restoration of
damaged public facilities. A project may be a small, large, improved, or alternate project.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement, except as required under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods
or services, except as authorized under 2 CFR 200.305.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.0 §5121-
5207), Advance Payment process, FEMA may process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT Pursuant to these
provisions and RCW 43.88.160(5),these grant funds are not subject to the advance payments prohibition
and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent
authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change.
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.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ.AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The SUBRECIPIENT must comply with the ADA,which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH
The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to
eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in
any part of the application may be deemed a breach of this Agreement.
Mitigation Project Grant Agreement—REV 8/8/23 Page 13 of 32 City of Auburn, D24-051
A.6 ASSURANCES
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. In addition,
as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms
and conditions as specified in B.3. Statement of Assurance of the Hazard Mitigation Assistance
Program and Policy Guide dated March 23, 2023.
A.7 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 http://mil.wa.gov/emergency-management-
division/grants/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 80. The SUBRECIPIENT certifies that
it will ensure that potential sub-contractors or sub-recipients 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 sub-awards to sub-
recipients for any amount. With respect to covered transactions,Ithe SUBRECIPIENT may comply with
this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or
by checking the System for Award Management (http://www.sam.gov) 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.Ini.wa.qov/debarandstrike/ContractorDebarList.aspx).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their 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 sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into, and is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, andithe 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, Equal Employment Opportunity, as amended by Executive Order
11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60);
Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
Mitigation Project Grant Agreement—REV 8/8/23 Page 14 of 32 City of Auburn, D24-051
CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations(29 CFR Part 5); Energy Policy and Conservation Act
(PL 94-163, 89 Stat. 871, 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), Title 44 of the Federal Regulations, 2
CFR Part 3002, 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), 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.
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.
In the event of the SUBRECIPIENT's or its contractor's noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, 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 to comply with applicable
laws, regulations, executive orders, OMB Circulars or policies.
A.10 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 such 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 subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract award.
The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement
standards through 200.327, Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1. Contracts for more than the simplified acquisition threshold, 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
Mitigation Project Grant Agreement—REV 8/8/23 Page 15 of 32 City of Auburn, D24-051
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or 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 4. 0 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 wage 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 d 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 agenoiy.
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. 1251-13.87). 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 112689) -A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide 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) aid 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.
Mitigation Project Grant Agreement-REV 8/8/23 Page 16 of 32 City of Auburn, D24-051
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 200.322, a non-Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
11. Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data.
13.Access by the DEPARTMENT,the SUBRECIPIENT,the Federal awarding agency,the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14. Retention of all required records for six years after the SUBRECIPIENT has made final payments
and all other pending matters are closed.
15. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub.
L. 94-163, 89 Stat. 871).
16. Pursuant to Executive Order 14005 and Build America, Buy America Act(BABAA) OMB Memo-22-
11, the DEPARTMENT requires that SUBRECIPIENTS shall not use funds made available for a
Federal financial assistance program for infrastructure, unless all of the iron, steel, manufactured
products, and construction materials used in the project are produced in the United States. Any
previously obligated awards may be subject to BABAA requirements if award revisions are made
after January 1, 2023. The Act requires the following Buy America preference:
a. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States; AND
b. All manufactured products used in the project are produced in the United States.This means
the manufactured product was manufactured in the United States, and the cost of the
components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; AND
c. All construction materials are manufactured in the United States. This means that all
manufacturing processes for the construction material occurred in the United States.
Such requirements must be consistent with the law, including cost and contracting requirements of
2 CFR Part 200. Further guidance on BABAA can be found at: https://www.congress.gov/bill/117th-
cong ress/house-bill/3684/text.
17. The DEPARTMENT reserves the right to review the SUBRECIPIENT 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 200.318 through 2 CFR 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.
18.All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
Mitigation Project Grant Agreement—REV 8/8/23 Page 17 of 32 City of Auburn, D24-051
A.12 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.13 DISPUTES
Except as otherwise provided in this Agreement, when a bona f de 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.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits, funds, or insurance proceeds. The OUBRECIPIENT will also seek recovery
against any party or parties whose negligence or other intentional or tortious conduct may have caused
or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will
repay the DEPARTMENT any funds recovered by settlement,judgment or other court order in an action
to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as
possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate
apportionment of any duplicated or recovered payment. •
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
defined in RCW 70A.305.020.
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, 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. j
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 SUBRECIPIENT's agents or employees.
Mitigation Project Grant Agreement—REV 8/8/23 Page 18 of 32 City of Auburn, D24-051
Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (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.17 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 and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, 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. Further, only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests,
certification of project completion, time extension requests, amendment and modification requests,
requests for changes to project status, and other requests, certifications and documents authorized by
or required under this Agreement.
A.18 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 scope of work and budget or unilaterally terminate or suspend 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.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SUBRECIPIENT.
A.20 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.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 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.23 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 grant 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
arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and 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.
Mitigation Project Grant Agreement—REV 8/8/23 Page 19 of 32 City of Auburn, D24-051
A.24 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.25 PRIVACY
Personal information collected, used or acquired in connection with this Agreement shall be used solely
for the purposes of this Agreement. SUBRECIPIENT and its subcontractors agree not to release,divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT
agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this Agreement. The monitoring, auditing or
investigating may include but is not limited to"salting" by the DEPRTMENT. Salting is the act of placing
a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the Agreement and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal
information.
For purposes of this provision, personal information includes, but is not limited to, information identifiable
to an individual that relates to a natural person's health, finances, education, business, use or receipt of
governmental services, or other activities, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other
identifying numbers.
A.26 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.27 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.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA's financial support, by CFDA number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA's Jiews.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds unde l 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.
Mitigation Project Grant Agreement—REV 8/8/23 Page 20 of 32 City of Auburn, D24-051
A.29 RECORDS AND REPORTS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's
contracts, subawards, grant administration, and payments, including all direct and indirect charges,
and expenditures in the performance of this Agreement(the"records").
b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other state
or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together ,
with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s)for a period of at least six(6)years following final payment and closure of the grant
under this Agreement. Despite the minimum federal retention requirement of three (3) years, the
more stringent State requirement of six(6)year must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement shall
be liable for the costs incurred by the state and federal governments in responding to such disaster. In
addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent
actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and
the United States in efforts to recover expenditures under this Grant Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing grant 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 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.32 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.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients 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
Mitigation Project Grant Agreement—REV 8/8/23 Page 21 of 32 City of Auburn, D24-051
government, Indian Tribe, institution of higher education, or non-profit 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(GAGA ) 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 performi g work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as auth�Orized by 2 CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any SUBRECIPIENTS or contractors 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 reques Is for information or corrective action
concerning audit issues or findings within 30 days of the date of equest. The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
Once the single audit has been completed and includes and audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT's fiscal year(s) to:
Contracts.Office(a)mil.wa.gov
Subject: City of Auburn, Single Audit and Corrective Action Plan
OR
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9) months after the end of the SUBRECIPIENT's fiscal year(s) to the address listed
above.
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.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
1
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.34 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 or o. the State of Washington 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,
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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.35 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.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs 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 by providing ten
(10) calendar days written notice, beginning on the second day after e-mailing to the SUBRECIPIENT.
Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional
obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as
authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law.
A.37 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.38 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
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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 terrrinated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the 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, and 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 subplies 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 rneaning of the"Disputes"clause of this
Agreement. If the termination is for cause, the DEPARTMENT snail determine the extent of the liability
of the DEPARTMENT. The DEPARTMENT shall have no othe rI obligation to the SUBRECIPIENT for
termination. The DEPARTMENT may withhold from any amountel due the SUBRECIPIENT such sum as
the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or
liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are
in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing,
the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the a ent specified, in the notice;
b. Place no further orders or sub-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
sub-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 sub-
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 DEPATMENT 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 requirenpents; 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.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used when
possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this Agreement. The following steps are
required by the SUBRECIPIENT if any contracts with contractors or sub-contractors are entered into
under the original contract award:
a. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists; �
b. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women's business enterprises; and
Mitigation Project Grant Agreement—REV 8/8/23 Page 24 of 32 City of Auburn, D24-051
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 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.41 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.
Mitigation Project Grant Agreement—REV 8/8/23, Page 25 of 32 City of Auburn, D24-051
Attachment 3
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
The purpose of this project is for City of Auburn :
To install a seismic control valve at the City of Auburn's Reservoir 2. Reservoir 2 stores 3.6 million gallons of
drinking water. It serves as one of the main sources of potable water for 33,635 people. In the event of an
earthquake,the seismic valve will automatically shut, preventing water fro escaping through ruptured pipelines.
This safeguard will protect the water supply, as well as help prevent flooding caused by pipeline leaks. The
project design phase will include a seismic evaluation to confirm that Reservoir 2 does not require additional
retrofits. Any necessary additional seismic retrofits identified in the study will be prioritized for future mitigation
action. The seismic valve will be installed to the northwest of the reservoir, beneath a section of the parking lot
at 32115 195th PL SE, Auburn, WA 98092 between Buildings A and [3J The ground disturbance area for this
project will be approximately 25' x 25' and 10' deep, with a total volume of approximately 6,250 cubic feet. The
controls for the seismic valve will be integrated into the City's SCADA system.
A specific and more detailed scope of work is found in the FEMA approved Project Application EMS-2021-BR-
044-0009, which is incorporated herein by reference.
City of Auburn Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to, accomplish tasks
and conditions outlined in the Statement of Work And/Or Description;of Project(Attachment 3), comply with
the Project Development Schedule-Attachment 4, and comply with th'e Project Budget(Attachment 5).
2. Submit quarterly reports that cover the previous three months no later than the 15th of the following month
(or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports
are required regardless of the level of work completed during the reporting period. Quarterly reports must
include sufficient narrative to determine the degree to which the project has been implemented,the estimated
time for completion, and significant developments such as delays or adverse conditions that might raise costs
or delay completion, as well as favorable conditions allowing lower costs or earlier completion. Failure of the
SUBRECIPIENT to submit a complete quarterly report within 15 days following the end of the quarter will
result in suspension of all payments until a complete quarterly report is received by the DEPARTMENT.
SUBRECIPIENT is required to return all final closeout documentation to the DEPARTMENT within 45 days
following the Period of Performance End Date determined by FEMA' Notice of Award. The DEPARTMENT
reserves the right to withhold the final reimbursement request until final closeout documentation is submitted
by the SUBRECIPIENT to the satisfaction of the DEPARTMENT. Nb final reimbursements shall be paid if
submitted more than 60 days after the Period of Performance End Date.
3. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work
completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify
the task(s) completed and any other funding identification pertinent to the task(s), including match.
Supporting documentation is required for all costs, to include tracking of staff time spent on the project
through timesheets or other documentation approved by the DEPARTMENT; dated invoices from all
contractors and subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnel, equipment and supplies, if used on the project.
Project costs must be tracked and reported by approved budget cost categories as found in Project Budget,
Attachment 5. Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19, along With documentation to substantiate all
project costs.
4. Return by DEPARTMENT staff of invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide
sufficient documentation to staff within 15 calendar days of the staffs written request for additional
documentation to support the reimbursement request.
5. Submit a signed final project report before final reimbursement is made by the DEPARTMENT.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental
and historic preservation conditions:
Mitigation Project Grant Agreement—REV 8/8/23 Page 26 of 32 City of Auburn, D24-051
a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible
as long as they do not change the nature or total project cost of the activity, properties identified in the
application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0.
Requests must be supported by adequate justification, including a description of the proposed change;
a written explanation of the reason or reasons for the change; an outline of remaining funds available to
support the change; and a full description of the work necessary to complete the activity.
A proposed change to the approved Scope of Work (as presented in the FEMA approved project
application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-
evaluation for compliance with National Environmental Policy Act(NEPA) and other Laws and Executive
Orders. Prior approval for a change to the approved Scope of Work must be obtained from the
DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a
revised Scope of Work could result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate
federal, state and local environmental permits and clearances may jeopardize federal funding provided
by this Agreement.
c. Ensure that all completed work is in compliance with applicable state and local buildings codes and flood
damage prevention legislation.
d. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources
that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically
significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence
may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and
features such as fire pits or structural elements. All reasonable measures must be taken to avoid or
minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT,
and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the project is in
compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal
remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law
enforcement in the most expeditious manner possible and to immediately stop any activity which may
cause further ground disturbance.
e. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing,
abating and disposing of such materials in accordance with the requirements and to the satisfaction of
the governing local, state and federal agencies, including but not limited to the Washington Department
of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane
cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesticides, lead-acid batteries, items containing chlorofluorocarbons(CFCs), motor oil and used oil filters,
and unlabeled tanks or containers.
f. Conduct work during the non-flood season as determined by the local floodplain administrator. However,
should construction be required during the flood season, as determined by the local floodplain
administrator, all construction equipment shall be staged in an area not susceptible to flood events or be
readily transportable out of the floodplain to minimize flood damage.
g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or
disposed of in a floodplain and/or a wetland.
h. Confirm with the State Department of Ecology whether this project will require a consistency
determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain
and comply with all requirements of the determination prior to starting the project.
i. Select, implement, monitor, and maintain Best Management Practices(BMPs)to control soil erosion and
sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be
stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from
transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the
existing building footprint area and not beyond undisturbed portions of the site.
j. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in-water work will
occur or if any work will occur below the ordinary high water mark of any water resource in the area, so
further coordination/consultation can take place with the National Marine Fisheries Service (NMFS) to
determine whether appropriate measures have been taken to ensure the project is in compliance with
the Endangered Species Act.
Mitigation Project Grant Agreement—REV 8/8/23 Page 27 of 32 City of Auburn, D24-051
k. Resubmit the project to the DEPARTMENT and FEMA for re-evaluation for compliance with national
environmental policies if the "Project Limits" (including clearing, excavation, temporary staging,
construction, and access areas) extend into: 1) an area not previously identified for environmental and
historic preservation review, or 2) previously undisturbed ground. Additionally, all work on the project in
these areas must stop until this re-evaluation is completed.
I. National Historic Preservation Act Section 106 requirement: All proposed repair and construction
activities on buildings listed in or eligible for the National Register of Historic Places (historic properties)
should be done in-kind to match existing materials and form. In-kind means that the result of the
proposed activities will match all physical and visual aspects of existing historic materials, including form,
color and workmanship. In-kind mortar also will match the strength and joint tooling of existing historic
mortar.
m. Additional requirements as noted by FEMA in grant award document:
a. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
b. This review does not address all federal, state and local requirements. Acceptance of federal funding
requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate
federal, state, and local environmental permits and clearances may jeopardize federal funding.
c. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and
if any potential archeological resources are discovered, will immediately cease construction in that
area and notify the State and FEMA.
n. Cost overruns in excess of the approval budget are fully the responsibility of the SUBRECIPIENT,
including those costs resulting from a change in the Scope of Work. The project must remain cost
effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun.
7. SPECIAL FLOOD HAZARD AREA REQUIREMENTS
Pursuant to the Flood Disaster Protection Act of 1973, those structires that remain in the Special Flood
Hazard Area (SFHA) after the implementation of the mitigation project, flood insurance must be maintained
for the life of the structure. The SFHA is defined as the land in the floodplain within a community subject to
a 1 percent or greater chance of flooding in any given year.
The following National Flood Insurance Program Eligibility Requirements contained in the 2023 Hazard
Mitigation Assistance Program and Policy Guide apply to any project involving the alteration of existing
structures, to include Mitigation Reconstruction projects that are sited within an SFHA.
a. When the project is implemented, all structures that will not be demolished or relocated out of the SFHA
must be covered by a National Flood Insurance Program (NFIP) flood insurance policy to an amount at
least equal to the project cost or to the maximum limit of coverage made available with respect to the
particular property, whichever is less.
b. The SUBRECIPIENT(or property owner) must legally record with the county or appropriate jurisdiction's
land records agency a notice that includes the name of the current property owner(including book/page
reference to record of current title, if readily available), a legal' description of the property, and the
following notice of flood insurance requirements as identified on page 244 of the 2023 Hazard Mitigation
Assistance Program and Policy Guide:
"This property has received Federal hazard mitigation assistance. Federal law requires that flood
insurance coverage on this property must be maintained during the life of the property regardless of
transfer of ownership of such property. Pursuant to 42 U.S.C. § 5154a, failure to maintain flood
insurance on this property may prohibit the owner from receiving Federal disaster assistance with
respect to this property in the event of a flood disaster. The Property Owner is also required to
maintain this property in accordance with the floodplain management criteria of 44 CFR § 60.3 and
City/County Ordinance."
c. Copies of the recorded notices for each property will be provided to the DEPARTMENT at project
closeout.
8. PROVISIONS APPLYING ONLY TO ACQUISITION OF PROPERTIES FOR OPEN SPACE
a. The SUBRECIPIENT must ensure that prospective participants are informed in writing that property
owner participation in this acquisition program is voluntary and that the SUBRECIPIENT will not use its
eminent domain authority to acquire the property for the project purposes should negotiations fail.
Mitigation Project Grant Agreement—REV 8/8/23 Page 28 of 32 City of Auburn, D24-051
Copies of the Statement of Voluntary Participation signed by each participating property owner will be
provided to the DEPARTMENT by project close-out.
b. The SUBRECIPIENT agrees that land acquired for open space purposes under this grant will be
restricted in perpetuity to open space uses and will be unavailable for the construction of flood damage
reduction levees, transportation facilities, and other incompatible purposes and agrees to comply with
the requirements of 44 CFR Part 80 Property Acquisition and Relocation for Open Space.
c. The SUBRECIPIENT agrees to prepare, execute and record Deed Restrictions for each affected property
utilizing the current Model Deed Restriction provided on the FEMA website or available from the
DEPARTMENT.
Copies of the recorded deed and attached deed restrictions for each property will be provided to the
DEPARTMENT by project close-out.
d. The SUBRECIPIENT accepts all of the requirements of the deed restriction governing the use of the land.
e. The SUBRECIPIENT ensures that, prior to acquisition of the property, in consultation with the U.S. Army
Corps of Engineers, it has addressed and considered the potential future use of these lands for the
construction of flood damage reduction levees, has rejected consideration of such measures in the future
in the project area, and instead has chosen to proceed with acquisition of permanent open space.
Documentation of this consultation and the SUBRECIPIENT's consideration of this issue will be provided
to the DEPARTMENT by project close-out.
f. The SUBRECIPIENT must, prior to acquisition of the property, consult with the Washington State
Department of Transportation to ensure that no future planned improvements or enhancements are under
consideration that will affect the proposed project area.
Documentation of this consultation will be provided to the DEPARTMENT by project close-out.
g. The SUBRECIPIENT will remove existing buildings from acquired properties within 90 days of settlement.
The SUBRECIPIENT will provide confirmation to the DEPARTMENT as to the date of demolition of each
structure included in the project in its quarterly reports, as well as confirmation that the property has been
returned to "natural" or park/open space condition.
The SUBRECIPIENT will provide digital latitude and longitude coordinates and digital photographs of
each property site after project implementation to the DEPARTMENT by project close-out.
h. The SUBRECIPIENT agrees to complete FEMA Form AW-501, NFIP Repetitive Loss Update Worksheet
for each property identified on FEMA's Repetitive Loss list to document completion of mitigation on the
property. The form is available on FEMA's Web site or available from the DEPARTMENT.
The SUBRECIPIENT will provide a copy of the completed form to the DEPARTMENT by project close-
out.
i. The SUBRECIPIENT agrees to comply with the requirements of 44 CFR§80.19 Land Use and Oversight,
which are incorporated into these conditions by reference. These requirements include, but are not
limited to, the following (which are described further in the 2023 Hazard Mitigation Assistance Program
and Policy Guide which are incorporated herein by reference):
1. Restriction on future disaster assistance for damages to the property.
2. Lists of allowable open space uses as well as uses generally not allowed on acquired open space
land.
3. Provision for salvage of pre-existing structures and paved areas.
4. Requirements pertaining to future transfer of property interest.
5. Requirement for SUBRECIPIENT monitoring and inspection of the acquired property at least
every 3 years. The SUBRECIPIENT will provide the DEPARTMENT with a report on the result
of the inspection within 90 days of the inspection.
6. Provisions for enforcement of violation of open space requirements.
The Military Department Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical assistance for
project and reviews for mitigation construction projects, as necessary.
2. Except as otherwise provided in Article II, A.4, of this Agreement, reimburse City of Auburn within 45 days of
receipt and approval of signed, dated invoice voucher(s) (state form A-19)with sufficient documentation of
Mitigation Project Grant Agreement—REV 8/8/23 Page 29 of 32 City of Auburn, D24-051
costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs
must be categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 5. The DEPARTMENT will return invoices to the SUBRECIPIENT if the SUBRECIPIENT is
unable to provide sufficient documentation within 15 calendar days of the DEPARTMENT's request for
additional documentation to support the reimbursement request. Any reimbursement requests that are
returned to the SUBRECIPIENT and are not returned within the 15 calendar days will be required to submit
a revised reimbursement request with a new signature and date.
3. Coordinate with the staff of City of Auburn to schedule any sub-recipient monitoring, site visits or final
inspections by DEPARTMENT staff.
Mitigation Project Grant Agreement—REV 8/8/23 Page 30 of 32 City of Auburn, D24-051
I -
Attachment 4
PROJECT DEVELOPMENT SCHEDULE
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE(months)
Consultant Selection/Contract Execution 3
Design 13
Permitting 15
Bid Project/Execute Construction Contract 17
Project Construction 23
Project Inspection and Closeout 29
Total Time Required to Complete This Project: 29 months
April 15, 2024;
July 15, 2024;
October 15, 2024;
Quarterly Reports Due on Project Progress, Final January 15, 2025;
Project Report and all documentation, site visits and April 15, 2025;
inspections. July 15, 2025;
October 15, 2025;
January 15, 2026;
April 15, 2026;
July 15, 2026
Mitigation Project Grant Agreement—REV 8/8/23 Page 31 of 32 City of Auburn, D24-051
Attachment 5
PROJECT BUDGET
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
APPROVED BUDGET CATEGORY ESTIMATED COST
Project Inspection Fees $6,000.00
Construction $822,500.00
Architectural & Engineering Fees � $338,400.00
Other Architectural & Engineering Fees
(Seismic) $283,100.00
Project Total $1,450,000.00
SubMC—This category is restricted to
eligible grant administration costs,
including indirect costs, and is limited to
5% of eligible project expenditures. The $0.00
amount shown here reflects the maximum
amount available, based on the approved �
project budget.
TOTAL (Project Total + SubMC): $1,450,000.00
Tracking and Reporting Project Costs: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19. Supporting documentation of
all costs shall include, but not be limited to: tracking of staff time spent on the project
through timesheets or other similar documentation; dated invoices from contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation of in-kind contributions of personnel, equipment and supplies.
Final Payment: Final payment of any remaining, or withheld, funds will be made upon
submission by the SUBRECIPIENT within 60 days of completion of the project of the
final report and an A-19, Voucher Distribution, and completioniof all final inspections by
the DEPARTMENT. Final payment also may be conditioned pon a financial review, if
determined necessary by the DEPARTMENT. Adjustments tol the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
Per 2023 Hazard Mitigation Assistance Program and Policy Guide, no cost overruns will be funded. If
costs exceed the maximum amount of FEMA funding approved, the SUBRECIPIENT shall pay the costs
in excess of the approved budget.
Mitigation Project Grant Agreement—REV 8/8/23 Page 32 of 32 City of Auburn, D24-051
Washington Military Department Contract Number: u.4-uu°1
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
City of Auburn City of Auburn
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
25 West Main St,Auburn WA 98001 or Solicitation#,if any: Identifier(UBI) Identification#:
171-000-010 91-6001228
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Date: 9�
-�� Bidder or Contractor Signature: ,, ,.`' S a
Print Name and Title: Nancy Backus, 0 ,
Washington Military Department Contract Number:D24-0051
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is"Debarment, Suspension, Ineligibility,and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Departmeit. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations(CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant"?
Lower tier participants means a person or organization that submits a proposal enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction, does not include mandatory
entitlements and individual benefits.
1
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Auburn
PROJECT DESCRIPTION CONTRACT NUMBER
Reservoir 2 Seismic Control Valve
D24-051
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Nancy Backus Mayor
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
4 t
Nancy Backus Mayor
' d . r
Ingrid Gaub Public Works Director
Ryan Vondrak Utilities Engineering Manager
,4111
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNAT RE PRINT OR TYPE NAME TITLE
Ryan Vondrak Utilities Engineering Manager
7 l;!/t yLl Julie Bradley Financial Analyst
\\NAC-11V0L11H0MEIKARENBI...\W P\S IGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will' require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistan have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent del7 in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
Printed
4/19/2024
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