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HomeMy WebLinkAbout033-26 - WA Military Department - ContractWashington Military Department STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Port Orchard $16,000 E26-111 216 Prospect Street City Hall Port Orchard, WA 98366 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Sean Dunham, 360-252-9029 December 1, 2022 October 31, 2026 sdunham ortorchardwa. ov 7. Department Contact, phone/email: 8. Unique Entity Identifier (UEI): 9. UBI # (state revenue): Michael Alston, 253-512-7410 C12QPGL3JE64 182-000-005 michael.alston mil.wa. ov 10. Funding Authority: Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Identification #: 12. Federal Award Date: 13. Assistance Listings # & Title: EMW-2022-CY-00017 12121/2022 97.137 - 22SLCGP 14. Total Federal Award Amount: 15. Program Index # & OBJ/SUB-OBJ: 16. EIN $3,666,530 725C3 (State), 725C4 (Local -Rural), 726C5 (Local -Not Rural) I NZ 91-6001487 17. Service Districts: 18, Service Area by County(ies): 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 26 Kitsap Certified: N N/A ❑ NO BY CONGRESSIONAL DISTRICTS: 6 ❑ YES, OMWBE # 20. Agreement Classification 21. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services N Public/Local Gov't J Contract N Grant N Agreement ❑ Research/Development ❑ A/E Li Other 71 Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type (check all that apply) SI "To all who apply & qualify" F-1 Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit Sole Source ❑ A/E RCW I. 1 N/A d Public Organization/Jurisdiction 0 Non -Profit ❑ Filed w/OFM? I Advertised? El YES ❑ NO El CONTRACTOR N SUBRECIPIENT Cl OTHER 24. PURPOSE & DESCRIPTION: The goal of the Federal Fiscal Year (FFY) 2022 State and Local Cybersecurity Grant Program (22SLCGP) Is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. security. Strengthening cybersecurity practices and resilience of SLT governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity investments In SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services. The Department Is the Recipient and Pass -through Entity of the 22SSLCGP DHS Award Letter for Grant No. EMW-2022-CY-00017 ("Grant"), which Is Incorporated in and attached hereto as Attachment C and has made a subaward of 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. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E), Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference. WHEREAS, the parties have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: PI�'otAAILSIW. 02/10/2026 Signature Date Signature Date Seth Daniel Nickerson, Chief Financial Officer Rob Putaansuu, Mayor Washington Military Department City of Port Orchard BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable): Alex Staub 10/25/2023 Assistant Attorney General Signature Date DHS-FEMA-SLCGP-FY22 Page 1 of 40 City of Port Orchard, E26-11 1 requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 22SLCGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(c�mil.wa.gov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and local auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of DI IS-FLMA-SLCGP-I-Y22 Page 3 of 40 City of Port Orchard, L.26-111 iii. Inventory system records shall include: A. Description of the property; B. Manufacturer's serial number, model 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 (Face Sheet, Box 13); E. Who holds the title; F. Acquisition date; G. Cost of the property and the percentage of federal participation in the cost; H. Location, use and condition of the property at the date the information was reported; I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well -maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage. or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per -unit fair -market value of five thousand dollars ($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 five thousand dollars ($5,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). DHS-FEMA-SLCGP-FY22 Page 5 of 40 City of Port Orchard, E26-1 11 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.gov/grants/cuidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures, and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project 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 EFIP 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 El-IP review process must be completed and FEMA approval must be 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 may not be reimbursed. 6. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold. per 2CFR200.1, the Subrecipient must notify the Department. The Department may request pre -procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award. b. For all sole source contracts expected to exceed the micro -purchase threshold per 2 CFR 200.1, the Subrecipient must submit justification to the Department for review and approval. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any non-federal entity to which Subrecipient makes any award.. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that subrecipients receiving federal pass - through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form, Reporting requirements are referenced in section 3.c. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; iii. Documentation of phone calls, meetings (e,g., agendas, sign -in sheets, meeting minutes), e - mails, and correspondence; DHS-FEMA-SLCGP-FY22 Page / of 40 City of Port Orchard, [26-1 11 C. DHS TERMS AND CONDITIONS As a subrecipient of 22SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 22SLCGP Award Letter and its incorporated documents, which are incorporated in and made a part of this Agreement as Attachment C. DHS-FEMA-SLCGP-FY22 Page 9 of 40 City of Port Orchard, E26-1 11 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/reguiredgrantforms. Any such form completed by the Subrecipient forthis Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or Subrecipient or by checking the System for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' "Debarred Vendor List" (http://www.des,wa.gov/services/ContractingPurchasing/Business/PagesNendor-Debarment.,aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is DHS-FEMA-SLCGP-FY22 Page 11 of 40 City of Port Orchard, E26-111 she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) —Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials — As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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 DHS-t LMA-SLCGP-FY22 I'age 13 of 40 City of Port Orchard, E26-111 To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply' 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A. 14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. DHS-FEMA-SLCGP-FY22 Page 15 of 40 City of Port Orchard, L26-111 Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. DHS-FEMA-SLCGP-FY22 Page 1 / of 40 City of Port Orchard, L26-111 A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice 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 he exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods DHS-FEMA-SLCGP-FY22 Page 19 of 40 City of Port Orchard, E26-1 11 Attachment C 22SLCGP Award Letter EMW-2022-CY-00017 U S Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 - 5122 Re Grant No EMW-2022-CY-00017 Dear Bret Daugherty Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2022 State and Local Cybersecurity Grant Program has been approved in the amount of $3,666,530.00 As a condition of this award, you are required to contribute a cost match in the amount of $407,393.00 of non•Federal funds, or 10 percent of the total approved project costs of $4,073,923.00 Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2022 State and Local Cybersecurity Grant Program Notice of Funding Opportunity • Information Bulletin 479 Updated Fiscal Year 2022 State and Local Cybersecurity Grant Program Allocation Amounts Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1 Please log in to the ND Grants system at https //portal fema gov Step 2' After logging in, you will see the Horne page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Reveev/' tasks This link will navigate you to Award Packages that are pending review Step 3, Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award Please save or punt the Award Package for your records. System for Award Management (SAM). Grant reciperds are tip keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards Future payments will be contingent on the information provided in the SAM, therefore, it is imperative that the information is correct The System for Award Management is located at htW,ftwww yam. oy If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible This will help us to make the necessary updates and avoid any interruptions in the payment process PAMELA SUSAN WILLIAMS DHS-FEMA-SLCGP-FY22 Page 21 of 40 City of Port Orchard, E26-1 11 Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XX.:XuV Articiia 1+X XV Article XXXVI 2:NAVY Article XXXVIII Drug -Free Workplace Regulations Duplication of Benefits Education Amendments of 1972 (Equal Opportunity in Education Act) - Tit e IX Energy Policy and Conservation Act False Claims Act and Program Fraud Civil Remedies Federal Debt Status Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974 Hotel and Motel Fire Safety Act of 1990 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Lobbying Prohibitions National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Non -Supplanting Requirement Notice of Funding Opportunity Requirements Patents and Intellectual Property Rights Procurement of Recovered Matenals Rehabilitation Act of 1973 Reporting of Matters Related to Recipient Integrity and Performance Reporting Subawards and Executive Compensation Required Use of American Iron, Steel, Manufactured Products, and Construction Materials DHS-FEMA-SLCGP-FY22 Page 23 of 40 City of Port Orchard, E26-1 11 FEMA has placed a funding hold on $3,486,554 in the FEMA financial systems The -ecipient is prohibited from obligating. expending, or drawing down these funds To release this hold, the recipient is required to submit a Cybersecurity Plan for approval by CISA. Please contact CISA at SLCGPInfo©cisa dhs gov to receive further guidance on the steps required for Cybersecurity Plan approval. If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at Essence Cleveland@fema dhs gov Article IV - Committee Membership List Pending Submission or Approval FEMA has placed a funding hold on this award, and the amount of $3,486,554 is on hold in the FEMA financial systems The recipient is prohibited from obligating, expending, or drawing down funds until the Committee Membership List is submitted and approved. To release this hold, the recipient is required to submit the Committee Membership Last, and receive approval of the Membership List from CISA Please contact CISA at SLCGPInfor'tncisa.dhs gov to receive further guidance on the steps required to release this hold If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at Essence Cleveland@fema.dhs gov Article V - DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022 These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links The FY 2022 DHS Standard Terms and Conditions will be housed on dhs gay at www dhs gov"publication/fyl5-dhs-standard-terms•and-conditions Article VI - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable Certain assurances in these documents may not be applicable to your program, and the OHS financial assistance office (DHS FAO) may require applicarts to certify additional assurances Applicants are required to fill out the assurances as instructed by the awarding agency II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements. Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C F R.) Part 200 and adopted by OHS at 2 C.F.R. Part 3002. III By accepting this agreement,recipeints,andtheirexecutives,as defined in 2 C.F.R.section170 315, certifythat their policies are in accordance with OMB's guidance located at 2 C F R Part 200, all applicable federal laws, and relevant Executive guidance Article VII - General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff L Recipients must cooperate with any OHS compliance reviews or compliance investigations conducted by DHS II Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel III Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law. or detailed in program guidance DHS-FEMA-SLCGP-FY22 Page 25 of 40 City of Port Orchard, E26-1 11 ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F R. Part 100, Subpart D) Article XV - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C sections 401 or 402 and an acknowledgement of U S Government sponsorship (including the award number) to any work first produced under federal financial assistance awards Article XVI - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E O ) 12549 and 12689, which are at 2 C F R. Part 180 as adopted by DHS at 2 CF R Part 3002. These regulations restrict federal financial assistance awards, suoawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation In federal assistance programs or activities Article XVII - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C F R Part 3001, which adopts the Government -wide implementation (2 C F R. Part 182) of Sec 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S C. sect ons 8101-8106) Article XVIII - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C. F R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restnctions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions Article XIX - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub L 92.318 (1972) (codified as amended at 20 U.S.C. sec:lon 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance DHS implementing regulations are codified at 6 C F.R Part 17 and 44CFR. Part 19. Article XX - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L 94-163 (1975) (codified as amended at 42 U S.C. section 6201 etseq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act Article XXI - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U S.C sections 3729- 3733 which prohibit the submission of false or fraudulent claims for payment to the Federal Government (See 31 U S C sections 3801.3812 which details the administrative remedies for 'alse claims and statements made.) Article XXII - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments (See OMB Circular A-129) Article XXIII - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E O 13513, including conducting initiatives described in Section 3(a) of the Order when on officia government business or when performing any work for or on behalf of the Federal Government Article XXIV - Fly America Act of 1974 DHS-FEMA-SLCGP-FY22 Page 27 of 40 City of Port Orchard, E26-111 All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are Incorporated here by reference in the award terms and conditions All recipients must comply with any such requirements set forth in the program NOFO Article XXXIII - Patents and Intellectual Property Rights Recipients are sutect to the Bayh-Dole Act, 35 U S.C. section 200 et seq, unless otherwise provided by law Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C F R Part 401 and the standard patent rights clause located at 37 C F R section 401.14 Article XXXIV - Procurement of Recovered Materials States, political subdivisions of states. and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub L 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act. 42 U.S.C section 6962 ) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C F R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXV - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub L. 93.112 (1973) (codified as amended at 29 U S C section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance Article XXXVI - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements. If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 CF R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and coed tions Article XXXVII - Reporting Subawards and Executive Compensation Reporting of first tier subawards Recipients are required to comply with the requirements set faith in the government -wide award term on Reporting Subawards and Executive Compensation located et 2 C.F R. Part 170 Appendix A, the full text cf which is incorporated here by reference in the award terms and conditions Article XXXVIII - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L No. 117-58(2021), and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11 Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless- (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, (2) all manufactured products used in the project are produced in the United States --this means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all ccmponents 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 DHS-FEMA-SLCGP-FY22 I'age 29 of 40 City of Port Orchard, E26-111 Article XLIII - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U S.C sections 175-175c Article XLIV - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials Article XLV - Whlstleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S C section 2409, 41 U SC section 4712, and 10 U.S.C section 2324, 41 U.S.C sections 4304 and 4310 Article XLVI - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Histonc Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act, National Historic Preservation Act of 1966, as amended, National Flood Insurance Program regulations, and any other applicable laws and executive orders In order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation The EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may no: be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies If ground disturbing activities occur dur rig construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA Article XLVII - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability tc• an Indian tribe The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XLVIII - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document alter an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award Please call the FEMA/GMD Cal Center at (866) 9275646 or via e-mail to ASK-GMD@fema dhs gov if you have any questions Article XLIX - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state subrecipients, when that equipment is no longer needed for the original project or prcgram or for other activities currently or previously supported by a federal awarding agency, you must request instructions frcrn FEMA to make proper disposition of the equipment pursuant to 2 C.F.R_ section 200 313 State recipients and state subrecipients must follow the disposition requirements in accordance with state awe and procedures. Article L - Prior Approval for Modification of Approved Budget DI-IS-FEMA-SI.CGP-FY22 Page 31 of 40 City of Port Orchard, E26-111 OMigathig Document for Award/.Amrndmrnt la ;\C;kL1 MINT `(1 2 AMENI)MIENT NO EMW-2022-CY-txstil7-S(1T **" 3 4. TYPI:OF AC iON : CONTROL NO. RECIPIENTAWARD 1VNoo743N2023T NC). 916001095E 6 RECIPIENT NAME AND 7 ISSUING FEMA OFFICE AND ADDRESS ADDRESS Washington Military FEMA-GPD Department 400 C Street. SW, 3rd floor Building 20 Washington, DC 20472-3645 ('amp Murray, WA, 98430- PC)': 866-9_7-5646 5122 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 9 NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 2535127121 Central Scheduling and Information Desk Sierra Wardell Phone )UU-305.6495 Lntoil, Askcst t(ifdhsov II. EFFECTIVE DATE OF 12, 13. ASSISTANCE ARRANGEMENT 14 PERFORMANCE PERIOD THIS ACTION METHOD Cost Reiiukrut„em'e From: To: 12/21/2022 OF 12101/2022 11/30/2026 PAYMENT Budget Period PARS 12/01/2022 11/30/2026 1 5. DESCRIIYCION OF AC! ION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON - NAME (ACCS CODE) TOTAL. AWARDED TOTAL. FEDERAL COMMITMENT ACRONYM XXXX .\'K%-XXXXXX- AWARE) THUS AWARD) XX.\>-,X-XxXX-XXXX-x ACTION OR (-) Side and Local 9'.137 2O23•IP.PMI.P41O-.41O1.1) $0.00 $3.666.53000 S3.666.53000 see'rotals (ytiet ccuray Omit PrariuI $0.00 $3,666.530.00 S3,666.10.00 $607,391,00 b. To describe changes other than funding data or financial changes, attach schedule and check here N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT 1S REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) State and Local Cybersecunty Grant Progrcini recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records I fib, FOR DISASTER PROGRAMS. RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorponited reference in program legislation cited alxwc 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Sierra Wardell, Preparedness Grants Section Section Supervisor I8. FEMA SIGNATORY OFFICIAL. (Nome and Title) PAMELA SUSAN WILLIAMS, DATE Thu Dec 22 16:08:53 UTC 2022 DATE Wed Dec 21 20:58 37 UTC. 2022 DHS-FEMA-SLCGP-FY22 I'age 33 of 40 City of Port Orchard, E26-111 controls and audit capabilities. The EPM provides the necessary tools and logs to demonstrate compliance with these requirements, mitigating the risk of fines and reputational damage. How the Proposed Project Will Continue to Add Value and/or Improvement in the Future: The value of an EPM solution is not a one-time benefit; it's a foundational capability that continuously adapts and expands: Continuous Password Health Monitoring: The EPM will continually monitor the "health" of passwords (e.g., complexity, uniqueness, age) and can alert administrators to weak or reused passwords, driving ongoing improvement in credential strength. Automated Password Rotation: For highly sensitive accounts (e.g., privileged admin accounts, service accounts), future enhancements can include automated, policy -driven password rotation, further reducing the risk of static, long-lived credentials being compromised. Expansion to Non -Human Identities: Beyond user accounts, EPM solutions can expand to manage other "secrets" such as API keys, SSH keys, database credentials, and application secrets, ensuring a holistic approach to securing all digital access. This is particularly valuable as the City potentially adopts more cloud services or develops custom applications. Integration with Future Security Tools: The EPM will serve as a central identity hub, making it easier to integrate with future security tools such as advanced Security Information and Event Management (SIEM) systems for more sophisticated analytics, or Privileged Access Management (PAM) solutions for even stricter control over high -risk accounts. Adaptation to Evolving Threats: As new cyber threats emerge (e.g., quantum computing potentially breaking current encryption), EPM providers continuously update their software to incorporate the latest security protocols and best practices, ensuring the City remains protected. Enhanced User Experience (Password less Future): Many EPM solutions are evolving towards password less authentication. Future improvements could involve integrating with biometric or FIDO2-based authentication, further simplifying user access while maintaining or enhancing security. This will reduce "password fatigue" entirely. Support for Remote Work and Cloud Adoption: The centralized, accessible nature of an EPM solution inherently supports a flexible work environment and secure access to cloud -based applications, which are increasingly common for modern organizations. Future Improvements and Investments Planned: While specific plans will evolve, likely future improvements and investments include: Rollout of Privileged Access Management (PAM) Modules: If the initial EPM focuses on standard user and shared account passwords, a logical next step would be to invest in PAM modules offered by the same vendor or a specialized PAM solution. This provides granular control, session recording, and just -in -time access for administrative accounts. Expansion to DevOps/Application Secrets Management: As the City potentially grows its software development capabilities or uses more cloud -native applications, managing secrets embedded in code or configuration files will become critical. EPM solutions often offer modules for this. Advanced Analytics and Reporting: Leveraging the data collected by the EPM for more sophisticated security analytics, perhaps integrating with existing Business Intelligence (BI) tools for custom dashboards specific to the City's risk profile. Regular Security Audits and Health Checks: Ongoing external audits to ensure the EPM solution is being optimally utilized and configured to meet evolving threat landscapes and compliance requirements. Ongoing Funding Support Needed After Grant Funding: After the initial grant funding is applied, ongoing funding support will be critical to sustain the value and continue the improvements derived from the EPM project. This typically includes: DHS-FEMA-SLCGP-FY22 Page 35 of 40 City of Port Orchard, E26-11 1 Improved ease of access to necessary systems without remembering numerous complex passwords. Reduced "password fatigue" and frustration. Enhanced Personal Security Awareness: Employees become the "first line of defense" through better understanding of password hygiene and phishing risks. IT Department Staff: Significant Reduction in Help Desk Tickets: Quantifiable: Anticipated 30-50% reduction in password -related help desk tickets (e.g., password resets, account lockouts). This frees up IT staff for more strategic and proactive security tasks. Reduced time spent on manual password changes and access management, Improved Security Management: Centralized control and visibility over all City credentials, leading to more efficient security operations. Streamlined Auditing: Easier and faster generation of compliance reports. City Leadership/Management: Reduced Organizational Risk: Lower likelihood of costly data breaches, ransomware attacks, and reputational damage stemming from compromised credentials. Enhanced Compliance: Demonstrable adherence to state and federal cybersecurity regulations, mitigating legal and financial penalties. Strategic Resource Allocation: IT resources are reallocated from reactive support to proactive security enhancements and strategic projects. Citizens of Port Orchard: Increased Trust: Confidence that their sensitive data held by the City is securely protected. Improved Service Continuity: Reduced downtime of City services due to cyber incidents. Reduction in Cybersecurity Risk: Elimination of Weak/Reused Passwords: The EPM system will enforce policies that ensure all passwords meet strong criteria (e.g., minimum 12-16 characters, mix of character types). Mitigation of Credential Stuffing/Brute Force Attacks: By requiring unique and complex passwords, the success rate of these automated attacks drops drastically. Reduced Internal Credential Exposure: Centralized, encrypted storage prevents credentials from being stored on insecure local drives, sticky notes, or shared unencrypted documents. Improved Privileged Account Security: High -value administrative and service accounts will be managed with the highest security, reducing the risk of a single compromise escalating to a major breach. Enhanced Supply Chain Security: If the EPM is used to manage vendor access credentials, it extends security to third - party interactions. Increases in Resilience through Strengthened Cybersecurity Practices: Strengthened Identity Layer: The EPM acts as the bedrock for identity and access management. When combined with the existing MFA solution, it creates a robust, multi -layered defense for user identities, making it exceedingly difficult for unauthorized individuals to gain access. Faster Incident Containment and Recovery: In the event of a breach, the ability to quickly rotate all affected passwords from a central location significantly reduces attacker dwell time and accelerates recovery efforts. This directly enhances the City's operational resilience. DFIS-FEMA-SLCGP-FY22 Page 37 of 40 City of Port Orchard, E26-1 11 Attachment E BUDGET FY 2022 State and Local Cybersecurity Grant Program City of Port Orchard AGREEMENT AMOUNT $16,000 SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL Salaries & Benefits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Travel/Per Diem $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 T4 G Contractor/Consult $0.00 $0.00 $500.00 $0.00 $0.00 $500.00 ant w O Passthrough S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 a Other $0.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 Equipment $14,000.00 $14,000.00 SUBTOTAL $0.00 $1,500.00 $14,000.00 $500.00 $0.00 $0.00 $16,000.00 Indirect $0.00 TOTAL $0.00 $1,500.00 $14,000.00 $500.00 $0.00 $0.00 $16,000.00 DHS-FEMA-SLCGP-FY22 Page 39 of 40 City of Port Orchard, E26-111 Washington Military Department Contract Number: Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as (DBA) Sean Dunham City of Port Orchard ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 216 Prospect Street, City Hall or Solicitation #, if any: Identifier (UBI) Identification #: Port Orchard, WA 98366 182-000-005 91-6001487 This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: 02.11.2026 Print Name and Title: Sean Dunham, IT Manager Washington Military Department Contract Number: FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. SIGNATURE AUTHORIZATION FORM (SAF) WASHINGTON MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on page 2 before completing this form. NAME OF ORGANIZATION City of Port Orchard DATE SUBMITTED 02.11.2026 GRANT PROGRAM - Acronyms Accepted 22SLCGP Reallocation AGREEMENT NUMBER(S) E26-1 11 1. AUTHORIZING AUTHORITY PHYSICAL SIGNATURE E -SIGNATURE PRINT OR TYPE NAME TITLE & TERM OF OFFICE (If applicable) Sean Dunham IT Manager Noah Crocker Finance Director Fed Putcu� Svv. Rob Putaansuu Mayor 2. AUTHORIZED TO SIGN AGREEMENTS / AMENDMENTS PHYSICAL SIGNATURE E -SIGNATURE PRINT OR TYPE NAME TITLE & TERM OF OFFICE (If applicable) Sean Dunham IT Manager Noah Crocker Finance Director jM tstw. Rob Putaansuu Mayor 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT PHYSICAL SIGNATURE E -SIGNATURE PRINT OR TYPE NAME TITLE & TERM OF OFFICE (If applicable) Sean Dunham IT Manager Noah Crocker Finance Director rt' Nml A Slw. Rob Putaansuu Mayor SAF Revised 5/8/2024 12 Page of INSTRUCTIONS FOR THE SIGNATURE AUTHORIZATION FORM (SAF) This form identifies the authorizing authority(ies) and person(s) who have the authority to sign agreements, amendments, and requests for reimbursement. It is required for the management of your agreement with the Washington Military Department (WMD). Please complete all sections. The signature and/or e -signatures included on this SAF must match what is on the agreement, amendment, debarment form, and A-1 9 invoice voucher submitted. It is required that the signatures in WMD's files are current. Changes in staffing or responsibilities will require a new SAF. At least one person must be assigned to each of the three roles and the same person can be assigned to multiple roles. If more than one individual will be signing an agreement, amendment, or reimbursement request please make sure everyone signs this form. If additional lines are needed, please fill out two forms and title them 1 of 2 and 2 of 2. 1. Authorizing Authority. Generally, the person(s) signing in this section 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 Agreements / Amendments. The person(s) given the authority to bind the agency/organization to the terms and conditions of the agreement. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. When a request for reimbursement is received, the signature on the A-19 invoice voucher is verified that it matches the signature on this form. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. The payment can be delayed if the request is presented without the proper signature. Once filled out, send the original to WMD with the signed agreement. It is recommended you keep a copy with the executed agreement in your files. Multiple grant agreements can be included on one SAF if they are all under the same grant program (e.g., 22EMPG and 23EMPG). Two distinct grant programs cannot be included on the same SAF (e.g., SHSP and EMPG). If you have any questions regarding this form or to request new forms, please call your main grant point of contact at WMD.