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RESOLUTION IVO. 4697
A RESOLUTION OF THE CITY COUNCIL OF- THE CITY OF
AUBURN, WASHINGTON, FORMALLY ACCEPTING A GRANT
FROM THE WASHINGTON STATE MILITARY DEPARTMENT IN
THE AMOUNT OF FIFTY SEVEN THOUSAND FIVE HUNDRED
TWENTY DOLLARS ($57,520.00) FROM THE UNITED.STATES
DEPARTMENT OF HOMELAND SECURITY EMERGENCY
MANAGEMEIVT P.ERFORMANCE GRANT PROGRAM, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO 'EXECUTE
THE NECESSARY AGREEMENTS TO ACCEPT SAID FUNDS
WHEREAS, the City created and maintains an active Emergency
Management Program; and WHEREAS, the United States Department of Homeland Security makes
available Emergency Management Performance Grant monies to local
emergency management programs; and
WHEREAS, the Washington State Military Department;. Emergency :
Management Division has approved a grant of those monies to the City of
Auburn Emergency Management program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN;
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Secfion 1. Purpose. The City Council of the City of Auburn does o
hereby accept the Washington State Military. Department, Emergency
Management Division offer of a grant in the amount of Fifty Seven Thousand
Five Hundred Twenty Dollars ($57,520.00) as the City's allotment ~of annuaf Emergency Management PerFormance Grant monies.
Resolution No. 4697
April 6, 2011 .
Page 1 of 2
Secfion 2. Irraplementation. The Mayor of the City of Auburn is hereby
authorized to implemenf such administrative procedures as may be necessary
to carry out the directions ofthis resolution.
Section 3. Effective Date. This Resolution shall take effect, and be in
full force upon passage and signafures hereon.
DATED AND SIGNED THIS~ DAY OFAPRIL, 2011.
CITY OF AUBURN
PETER . LEWIS
' MAYOR
ATTEST: ,
Dani IIe E. Daskam,
City Clerk
APPROVEDA~_WFOR7 :
el B. ei ,
City Attorney ' -
Resolution No. 4697
April 6, 2011
Page 2 of 2
,
Washington State AAilitary Department
HOMELAiVD SECURITY GRANT AGREFJNIENT FACE SHEET
1. Sub-giantee Name aMI Address: 2. Grant AgreemeM Amount 3. Grant Agreement Number.
City of Aubum
25 W AAain Stmet . $62,062 E12-054
Aubum WA 98001 4. Sub-granbee Contad, Phone number. ; 5. Grant Agreet nent Start Qate: 6. Grant Agreement End Date:
Sarah K Milier, (253) 876-1909 October 1, 2010, June 30, 2012
7. Departrnent Program Maneger, phone no:: 8. Data Universal Numbering System (DUNS): 9. UBI #(state revenue):
Charma Anderson, (253) 512 7064 32942575 171000010
10. Funding Authority:
Washington State AAilitary Departm_ent (the, °DEPARTMENT) and the U;S.. Diepardnent of Homeland Security (DHS)
11, Federal Fund'mg Source Agreement 12. Department 13. Catalog of Federal Domestic 14: TIN:
2011-EP-00-001 Fundirig Code (PI): Assistance_ (CFDA) # 8 TiUe: 91-6009Z28
713PT 9T.042 EMPG
15. SerVice Districts: 16. Senrice Area by Caurrty(ies): 17. Women/Mnority-0wned, Statie
(BY LEGiSIATNE DISTRICn:: 30, 31, 47 . ' Certified?: X WA ❑ NO
BY CONGRESSIONAL DtSTRIC : 8 9 King ❑ YES, OMWBE #
18. Agreement Classificadon 19. Corrtract Type (chedc an that apply):
0 Personai Services ❑ Client Services X PubqclLocal Gov't ❑ Contrad X Grant X Agreement
0 Cottaborative Research ❑ A/E ❑ Other 0 lnUetgovemmental (RCW 39.34) ❑ tnteragency
20: Suti=Grantee Selecdon. Process: 21. Sub-Grantee Type (chedc atl that aPPty)
X°To ell who apply & qualify° ❑ Competitlve Bidding 0 Private Organization/individual ❑ For-Profit
❑ 3ole Source O A/E RCW ❑ N/A X PubGc OrganizatioNJurisdicdon X Non-Profit
D Fted w/OFM? 0 AdveRised? ❑ YES. ONO 13 VENDOR X SUBRECIPIENT 0 OTHER
22 PURPOSE -
Provide U.S. Department of Homeland Securlfy (DHS) Emergency Management Perfonrrance Grant (EMPG) funds to
focal jurisdkctions and tribes with emergancy. management prograins.to suppoct and enhance those programs as
described.in the Work Plan.
IN VVITNESS WHEREOF, the Department and Sub-Grentee acknowledge and accept the tertns of this Grarrt Agreement, induding aIl
referenced Exhlbits and AttachmeMs which are hereby incorporated in and made a peR hereof, and have executed this Grant Agreement .
as of the date and year writben betow: This Grant Agreement Faoe Sheet Speaal Terrns 8 Condi6ons (Exhibit A); General Terms and
Condiflons (Exhibit B); Work Ptan (Exhibit C); Milestone Timelim (ExhiSit Dj; Budget (Exhlbit E); and all other documents, exhibits and
attachments expressty referenced and 'mcorporated herein corttain all the tertns and oonditions agreed upon by the paRies and govem tlhe
righfs and obUga6ons of the parties_ to this Grant Agreement No other understandings, orat or otherwise, regard'Ng the subjed matter of
this Grant Agreement shall be deemed to eicist or to'bind any of the parties hereto.
In the event of an inconsistency in this Granf Agreement, unless otherwise provided herein, the inconsistency shall be resohned by giving
precedence in the following order.
1. Applicable Federal and Stabe Statutes and Regufatlons
2. Work Pyan
3. Spectal Temis and Conditlons
4. (ianeral Terms.and Condltions, and.
5. Ofher provisions of the gran; agraement Incorporated 6y reference.
WHEREAS, the parties hereto have executed this GraM Agreeme rtd'y€dTls specified below.
FOR THE DEPARTMENT: F R T.
~
Signature Date Signature Date
James . Muilen, Director Peter B. Lewis
Emergency Management Qivisiron AMayor
Washington State Mllltary Departmeni
APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz, (Sigaacure on file) 7/25/20.71 : ApplicanYs L:egaf Review Date
Assistant Attome Generaf
Form 10127100 kdb
RECEIVED
EMD
DHS-FEMA-EMPG-FFY 11 Page 1 of 23 AUG 09 2011 C~ ~E12-054
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE 1- KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contad under this
Grarrt Agreement Any substitufion of key personnel by either party shall be made by written
notfication to the current key personnel.
SU&GRANTEE MILITARY DEPARTMENT
Name Bob Lee Name Charma Anderson
Title Eme en Mana ement Director Title EMPG Proram Mana er
E-AAail ble~@aubumwa.gov E-Mail c.anderson@emd.wa.gov
Phone 253 931-3001 Phone 253 b12-7064
Name Sarah K. Miiler Name Sierra Wardell
Tioe Eme enc Pre Mana er
Y p Title EMPG Proram Coordinator
E-Mail shmiller@aubumwa.gov E-Mail s.wardell emd.vwa. ov
Phone 253) 876-1909 Phone 253 512-7121
Name Name Deborah Henderson
Title TiUe EAAPG Proram Assistarit
E-Mail E-Mail d,henderson md.wa. ov
Phone Phone 253 512-7470
ARTICLE 11- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grarrtee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive fist of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperafire Agreemerrts with
State and Local Govemments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institufions of Higher Educafion, Hospitals, and Other Non-
Profit Organizations (fonnerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Govemmerrts (foRnerfy OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formeriy pM6 Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB CircuNar A-133, Audits of
States, Local Govemments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisfions Regulations (FAR), Contract Cost Principles and Prooedures,
Contracts with Commeraal Organ¢ations.
3. Grarrt funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonsVate through suppofing recards and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected reoeipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
govemmental entities per 2 CFR Part 225, Append'a A, Basic Guidelines, Section C.3 (c),
which states: "Any cast allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restridions imposed by law or terms of the Federal
awatds, or for other reasons.° However, this prohibition would not preclude govemmental
units from shifting costs that are allowable under two or more awards in acxordance with
DHS-FEMA-EMPG-FFY 11 Page Z of 23 City of Aubum
E12-054
(
existing program agreements. Non-govemmental entities are also subjed to this prohibition
per 2 CFR Parts 220 and 230:and 48 CFR Part 312. 5: The 3ub-grantee shall comply with all applicable federal laws, regulations and guidance '
referenced in the °Fiscal Year 2011 EMPG Program Guidance -and Appiication Kit,
Section I- Application and Review information May. 2011 ° and the "Fiscal Year 2011
GPD Preparedness Granf Programs Guidance and Application Kit, Section II Award
Administrative Information May 2011 which can be found at
http:l/www.fema.gov/govemment/granUempg/ and are hereby incorporated in and made
a part of this Agreement.
6. - The $ub-grarrtee shall comply with the Federal. Funding AccountabiUty and
Tcanspar8ncy Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by sedion 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
Attachmerrt #1 attached to, and made a part of this Agreement.
ARTICLE III - REIMBURSEANENTtINVOICING PROCEDURES
1. This is a faced price, reimbursemeM Grant Agreement. Within the total Grant Agreement
amount, fravel, sub-c:ontracts, salaries and wages, benefits; printing, equipment, and other
goods and servioes or other budget categories will be reimbursed on an actual oost basis
unless otherwise provided in this Grant Agreement: , Any travel or subsistence
reimbursement allowed under the Grarrt Agreemerrt shall be paid in acxorclance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at httpJ/www.gsa.gov without prlor written
, approval by Department key personnel. Receipts and/or backup documentation for any
approved budget line items including travel related expenses that are authorized under this
Grant Agreement must be mainfained by the Sub-grantee and be made available upon
request by the Departmerrt, and local,, state, or federal auditors.
2. Receipts and/or badcup documentation for any approrred budget line items includtng travel
related expenses that are authorized under this Grarrt Agreement must be maintained by
, the Sub-grantee and be made available upon reque.st by the Department, and local, 5tate,
or federal auditors.
3. The 8ub-grantee will submit reimbursement requests to the Department by submitting an
A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by
the Department) detailing the expenditures for which reimbursement is sought.
ReimbursemeM requests sha(I be submitted to the Department's key personnef and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi-annually.
4. Afl work under this Agreement must end on or befor+e the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreemerrt End Date: The maximum amount of all reimtiursement requests pertnitted to
be submitted under this Grant Agreemerrt, including the final reimbursement request, is
limited to and shall not exceed the to#al Grant Agreement Amount.
5. No equipmerrt or supply oosts will be reimbursed until the, related equipmenUsupplies have
been received by the Sub-grarrtee and invoiced by ttie vendor. 6. Requests for reimbursement of equipmerrt purchases "must include a copy of the vendor's
invoice and packing slip Q a statement signed and dated by the 3ub-grarrtee's
authorized representative that . states °all items invoa:ed have been rec:eived in good
working order, are operational, and have been inventoried according to cantrad and local
procurement requirements",
7. Failure to timely submit vomplete reports and reimbursemerrt requests as required by this
Agreement (including but not fmited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed urrtil such complete reports
DHS-FEMA-EMPGFFY 11 Page 3 of 23 City of Aubum
E12-054
and reimbursement requests are submitted and the Departmerrt has had reasonable time
to condud its review. ' 8. Fnal reimbursement requests will not be approVed for, paymerrt if Sub-grarrtee is not
current with aIF reporting requirements contained in this Agreement..
ARTICLE IV - REPORTIPIG REQUIREIIAENTS
1. The Sub-grantee shall submit with each reimbursemerrt request a report describing
completed Woric Plan activities for which reimbursemeM is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grarrtee shall
submit to the DepartmenYs key personnel a final, report describing all completed-activities
underthis Grant Agreemerrt and new activities forwhich grant funding will be sougM in the
upcoming grant cycle's Worlc Plan.
ARTICLE V - EQUIPAAENT NIANAGEMEPIT -
All equipment purc.hased under this Grant Agreement, by the Sub-grantee or a contractor, will '
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. , Upon successful completion of the terms of this Grarrt Agreement, .all equipment purchased
through this Grant Agreement will be owned by the: Sub-grarrtee, or a recognized sub-
recipient for which a contract, sub-Grant Agreemerrt, or other means of legal transfer of
ownership is in place..
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall tie responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liabi(ity. The Sub-grantee shalf develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipmerrt records that include: a description of the
property; the manufacturer's serial number, model number, or other ideMification number,
the source of the equipment, including the Catal.ogue of Federal Domestic Assistanoe
(CFDA) number; who holds title; the acquisfion date; the cost of-the equipment and the
percentage of Federal participa6on in the cost; the location, use and condition of the
equipmerrt at the date the iriformation was reported; and d[sposition data including the date .
of disposal and sale price of the property:
4. Records for equipment shall be retained by the Sub-grantee for a. period of six years from the date of the disposition, replacement or transfer. If any litigation, daim, or audit is
started before the expiration of the six year perbd, the records shap be retained by the
Sub-grantee un4it all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and reooncile the results
with the property records at: ieast once every two. years. Any differences between
quaMfies determined by the physical inspection and those shown in the records sfiall be
investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connedion with the irnrentory, verify the existenoe, cuRent utilization, and
continued need for the equipmerrt. ,
6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, ;and theft of the property. Arry loss, damage or fheft shall be investigated
and a report generated and sent to the Department.
7. If fhe Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible retum.
8. When original or repWcement equipment is no longer needed for the original projecf or
program: or for other activities currently or previously supported . by a Federal agency,
disposition of the equipment will be made as follows: -
DHS-FEMA-EMPGFFY 91 Page 4 cf 23 Clty of Aubum
E12-054
a. Items of equipment with a current per-unit fair marlcet value of less than $5,000 may be
retained, sold or othetwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
b. Items of equipment.with a curreM per-unft fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shali compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requiremeMs that meet or exceed the requiremerrts outlined above for all sub-contiacbors, oonsultants, and sub-graintees who receive pass-through funding from this GraM
Agreemerrt. ARTICLE VI - EM/IRONMENTAL AiND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Infarination about these requirements is located on
pages 31-32.of the °Fiscal Year 2011 EMPG Program Guidance and Application Kit, '
Section I- Application and Review Information May 2011" and on pages 11-12 of the
, "GPD Preparedness Grant Programs Guidance and Application Kit;. Section II
Award Administrative Information May 2011 ° both of which are located at FEMA: FY
2011 Emergency Management Performance Grants (EMPG) Pcogram or
http://www.fema.gov/government/granUempg/.
2. The Sub-grantee agrees thaY to receiVe any federal preparedness funding, all`° EHP
compliance requirements ouflined in applicable guidance must be met The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers,=physical
security enhancements, new construction, renovation; or modfication to buildings or
sVuctures, cannot be initiated urrtil FEMA has completed the required EHP ieview. If -
potentlal Impact is ident'rf'ied, EHP review is required prior to project implementation._
Projeats implemeMed prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE Vll - PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement All sole source contracts expected to exceed $100,000 must be submitted to the
Departmerit for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement musf be passed.on to atl of the Sub-grantee's sub-contractors, at
which point the Sub-grantee. will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE Vtll - SUB-GRANTTEE. MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to doseout. The
goal of tfle DepartmenYs mon'itoring 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 guidanoe, and applicable federal and state financial regulations,
as well as OMB Circular A 133, Audits af States, Local Govemments and Non-Profd
Organizations.
2. Monitoring activities may include, but are not I'united ta
a. review of pertortnance reports;
b. monitor and documerrt the completion of Grant;Agreemerrt deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting -documentation to ensure
allowabil'ity and consisfency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities; such as
exercises, training, funded events and equipment demonstrations;
DHS-FEMA-EMPG-FFY 11 Page 5 of 23 City of Aubum
E12-054
f. on-site visrts to review equipment records and irnentories; to verify source documentation for reimbursemenf requests and perFormance reports, and to verify
completion of de(iverables.
3. As a sub-recipienY of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outiined above, for ail sub-contractors, consultants, and sub-
recipients who receive pass-thmugh funding from this Agreement.
ARTICLE IX- GRANT AGREEMENT MODIFICATION REQUEST5
A Sub-grairtee may request a modification to the Grant Agreemertt in writing to the Department
key personnel. Modfications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X - NIMS COMPLIANCY ' .
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, to inGude EMPG, the National Incident Management System
(19 IM3) compliance requirements for 2011 must be met.
2. in accordance- with Homeland Security Presidential Diredive (HSPD)-5, Management of
Domestic lnGdents, the adoption of`the National incident Management System (NIMS) is a
' requirement to receive Federal preparedness assistance, through grants, contracts, and
other aefivities. The NIMS provides a consistent nationwide template fo enable all levels of
govemment, Tribal nations, nongovemmental organizations including . voluntary
organizations, and pmrate sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects af incidents, regardless of cause, . s¢e,
location, or complexity.
3. Afl tocal govemment and Trlaal nations sub-grantees should update their respectiVe NIMS
Compliance Assistanoe Support Tool (NIMSCA8'T) assessmerrts and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation acfivities.
Camprehensive information conceming NIMS implementation for States, Tribal nations,
local govemments, nongovemmental organizations, and the private. sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource CeMer at
http://www.fema.gov/nims. 4. Local. govemments and tnbal nations should continue to implement NIMS training guidance
(course curricula and instructor qual'fications) contained in the Five-Year N/MS Training
Plan, rieleased in February 2008 and any succe,ssor guidance released by FEMA. [Nofe:
Coursework and tiaining developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet tfie course and instrudor requirements ofi the Five-Year NlM3
Training P/an]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov7emergency/nims/NIMSTrainingCourses.
ARTICLE X1- ENIPG SPECIFIC REQUIREMENTS
1. The Washington State AAilitary Department Emergency -Managemenfi DiVision (EMD)
receives grant funding each yeat from the U.S. Departmerrt of Homeland Secutiry
(DHS)lFederal Emergency Management Agency (FEMA)through the Emergency
Management Petformanoe Grant (EMPG) Program. The funding assists state and local
govemments enhance and sustain alhhazards emergency management ca{abilities as
authorized by Robert.T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY11 EMPG grant has been identified by the state to be passed tfirough
to local jurisdictions and tribes that have emergency managemerrt programs to supplement
their IocaUtribal operating: budgets. Each jurisdiction or fibe that applied and met the
qualfications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency's emergency
DHS-FEMA-EMPG-EFY 11 Page 6 of 23 City of Aubum
E12-054
management operating budgef. Funds are used by local jurisdictions and tribes to enhanoe
theiremergency management capability. ,
3. Funds are . provided by . DHS/FEMA soley for ttie use -of _ supporting emergency
management programs as provided EMPG
by Program. -The Sub-grarrtee,shall use ttie
funds to pertorm tasks as described in the WorIc :Plan of the. $ub-grantee's appiication for funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal govemment funding of emergency management programs. ,
4. The Sub-grantee shalF provide a match of $62,082 of non federal origin. Match (cost -
share) may be cash or in-kind. To meet. matching requirements, the Sub-grantee
coMributions must be reasonable, allowable, 'allocable and necessary under =the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFRPart 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5.. The Su_b-grantee acknowledges that since this Grant Agreement involves federal funding,
.
the period' of. perFormance_ described herein will like_ly begin prior to the avaihabilify of
appropriated federal funds.,-.The.Sub-grantee agrees that if _will not hold the Department,
the 5tate of Washington,` or, ths United States I"iable .for. _any damages, claim for;
reimbursemerrt, or any.type ofi paymerrt whatsoever for:serv'ices performed under this Grant
Agreement prior to distribution of'appropriated federal funds..
T'he Sub-grarrtee agrees fhat it will not hold the DepartmeM, the State of Washington, or
the Un'ited.States liable for arry damages, claim for reimbursemerrt orany type of payment
. if federal funds are not appropriated or are not appcopriated in a particular amourrt.
6: Exercises that are: implemented with grant funds must meet the requirements offhe FFY11
- EMPG Program. Upon completion of the exercise,'. an After Acdon Report and an
Improvemenf Plan must be prep"ared and submitted to tHe Departmerrt.
DHS-FEMA-EMPGFFY 11 Page 7 cf 23 City of Aubum
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Exhibit B
Washington State Wlilltary Department
- ~GENERAL TERMS AND COIilDIT10NS
- , Department of Homeland SecuMty (DHS)/
Federai Emergency Management Agency (FEIYIA)
Grants
A.1 DEFINITIONS As used throughout.this.Grant Agreement, the following terms will have the meaning set
forth below:
a.; ")epartmenY' means the Washington State Mi[itary Department, as a state agency,
any division, section, office, unit oc other entity of the Department; or any of the
officers or other officials lawfully representing that Departrnent
b. "Sub-graritee" means the govemment or other eligible legal entitty to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Granf Agjeemerrt, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as pertnitted under the terms of
this Grant Agreemerrt. The term °Sub-grantee° and "Contractor" may be ,used
intercFiangeaby in this Agreement
c. "Sub-grantee Agent° means the official _representative and altemate designated or
appointed by the Sub-grarrtee in writing and authorized to make decisbns on behaff
of#he Sub-grarrtee: .
d. °Grantee" means the govemment to which a grant is awarded and which is
accountable for the use of the funds ;provided. : The Grantee is an entire legal entitty
even if only a particular ,c:omponerrt of the enfity is designated in the grant award
document. For tfie purpose of this Grant Agreemerrt, the state of Washington is the
Grarrtee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activitiss" means all administrative, financial, orother review activities
that are conducted to ensure oompliance with all state and federal laws, rules,
authoritiss and pol'icies.
f. "Investment Justification" means grarrt appfication investment justirication
submitted by the suti-grantee describing the projed for which federal funding is
sought and provided under this Grant Agreemerrt. Such grarrt application investmerrt
justification is hereby incorporated into this Grant Agreemerrt by reference.
g. °PL°- is defined and used herein to mean the Public Law.
h. "CFR" = is defiined and used herein to mearnthe Code of Federal Regulations.
I. °OMB" - is defined and used herein to meari the Office of Management and Budget.
j. "WAC' - is defined and used herein to mean the Washington Administrative Code.
k. "RCW - is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non federal errtities as subrecipients that expend $500,000 or more in one fiscal year of,
federal funds from all sources, direct and [ndirect, are required to have a single or a
program-specific audit conducted in axordance with the Off"ice of Management and
Budget (OMB) Circular A 133-Audits of States, Local Govemments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit irequirements for "
that year, exoept as noted in Circular No. A-133. As defined in Circular Ar133, the tertn
°non-federal entity° means a State, locaf govemmerrt, or non-profit organization, and the
term "State" includes Indian fibes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SU&GRANTEE required to have an audit must ensure the audit is pertormed in
accordanoe with Generally Accepted Govemment Auditing Standards (GAGAS) as
found in the Govemment Audfing Standards (the Revised Yellow Book) developed by
DHS-FEMIA-EMPG-FFY 11 Page 8 of 23 City ofAubum
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the Comptroller General and the OMB Compliance Supplemerrt. The. SU&GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A-133, to indude the Washington State Auditors Of~ice, a
federal auditor, or a public accourrtant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB-GRANTEE shall :mairrtain auditable records and accounts so as to facilitate the
_ audit requirement and ~shall ensure that any sub-corrtractors also maintafn aud'dable
records.
- The SU&GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-c,brrtractors. Responses to any unresolved management
fmdings and disa(lowed ocquestioned costs shall be included with the audit report. The
SUB-GRANTEE musf respond to Department requests for informaation or -corrective
action conceming audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves.the right bo recover from the SUB-GRANTEE all disallowed .
costs resulting from the audit. _ Once the single audit has been cflmpleted, the SUB-GRANTEE must send a fuli oopy of
the audit to the DEPARTMENT and a letter stating there, were no findings, or _if there
were findings, the letter shouid provide a fist of the findings. The SU6-GRANTEE must
send the audit and the leiter no later than nine (9) months after the end of 4he SUB-
GRANTEE's fiscal year(s): to:
Accounting Manager
Washington ilAilitary Department
Finance Dlviston, Building #1 TA-20
Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the SUB-GRANTEE must include a comective
action plan for any audit findings and a copy of the management letter if one was
received. -
If SUB-GRANTEE claims it is exempt from'the audit requirements of Circular A-133,
SU&GRANTEE mu send a letter identifjring this Grant Agreement and explaining the
criteria fot exemption no later than nine (9) morrths after the end of the SUB-GRANTEE
fiscal year(s) to: .
Accounting Manager
Washington Nltlltary Departmerrt
Fnance Division, Bullding #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains'the sole discretion to detemune whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specfic audif in compliance with Circular A-133 is a
material - requir~ement of: this Grant Agreement; In fhe absence of a valid claim of
exemption from the audit requiremerrts of Circular A-133, the SU&GRANTEES failure to
comply with said audit requirements may result.in one or more of the following ac6ons in
the DepartmenYs sole discretion: a percentage of federat awards being withheld until the
audit is completed in accordanoe with Circular A-133; the withholding or disatlowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of tFie federal award.
DHS-FEMA-EMPG-FFY 11 Page 9 of 23 City of Aubum
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i
A.3 -ADVANCE PAYMENTS PROHIBITED "
The Department shall make no payments in advance or in anticipation of goods or
senrices to 6e provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and irrvoicing of such goods or services. A.4 AMENDMENTSAND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modfication of this Grant Agreement. Hoiniever, such amendmerrt or modficafion shail
not be binding, take effect or be mcorporated herein until made in writing and signed by
the authorized repr!esentatives of the DEPARTMENT and the SUB-GRANl'EE. No other
understandings or agreemeMs, written or oral, shall be binding on the parties,
A.5 AMERICANS WfTH DISABIUTIES ACT (ADA) OF 1990: PUBLIC LAW 101-336: 42
U.S.C. 12101 ET SEQ.: AND ITS IMPLEMENTINGREGULATIONS ALSO REFERRED
TO AS THE °ADA° 28 CFR Part 35.
The SUB-GRANTEE must oompty with the ADA, which provides comprehensive civil
r~ghts protection to individuals with disabilities in the areas of employment, public
aooommodations, state and local govemment senrices, and t+elecommunication:
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree ~ that all activity pursuant to this Grant
Agreement will be in accordance with all the appficable current federal, state and local
laws, rules and regulations.
A,7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION. OR INEUGIBILITY
As federal funds are a basis for #his Grant Agreement, the SU&GRANTEE certifies that
the SU&GRANTEE is not presently debarred, suspended, propo5ed for debarment,
declared ineligible, or valurrtarily excluded from paficipating in this Grant Agreement by
any-federal deparfinent or agency. -
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, _Suspension, Ineligibility, and Voluntary Exclusion
form. Any such fortn cflmpleted by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreemerrt tiy reference.
Further, #he SUB-GRANTEE agrees to comply with all applicable federal regulations
conceming the federa) detiarment and suspension system, including 2 CFR Part 180.
The SU&GRANTEE cefifies that it will ensure that potential sub-contractors or sub-
recipients or any of theit principals are not debarred, suspended, proposed for debarment, declared ineligible, or volurrtarily excluded fram padicipation in ."covered
transactions° by any federal departmenf 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 expectecJ to equal or exceed
$25,000, and sub-awards to sub-recipients for. arry amount. With respect to covered
transactions, the SUB-GRANTEE may cortiply with this provision by obtaming a
certific_ation statement from the potenbal "sub-contractor or sub-neapient or by checking
the Excluded 'Farties List System (EPLS) maintained by the federal General Senrices
Administration.(GSA). The SU&GRANTEE also agrees not to enter into any.
arrangements or contracts with any party on the Washington State Department of Labor
and Indusfries' °Debarred Contractor List" :
A.8 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member; officer, or employee, of the
SUB-GRANTEE ar its designees or agenfs; no member of tfie goveming body of the
jurisdiction inwhich the projed is undertaken orlocated; and no otheroffiaal of such the
SUB-GRANTEE who exerases any functions or responsibflities 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
DHS-FEMA-EMPG-FFY 11 Page 10 of 23 City of Aubum
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performed in connection with the projed assisted under this Grant Agreement. The SU&GRANTEE shall incorporate, or cause to incorporate, in ail such contracts or
subcoMracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APP-LICABLE STAMES. RULES AND.DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors: shall oomply with, and the DEPARTMENT is
not responsible for determining compiiance with,.any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, arid/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 witfi Disabilfies
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistanoe Act, (PL
93-288, -as amended), Ethics in Public Service (RCW 42.52), Covenant Against
ContingeM Fees (48 CFR Section 52.203-5), . Public Records Act (RCW 42.56),
Prevailing Wages on Public Wocks (RCW 39.12), Sfate Environmental Policy Act (RCW
43.21 C), Shoreline Management. Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building 8tandards (RCW 19.27A). Provisions in Buildings for
Aged and Handicapped :Persons (RCVV 70.92), and safety and heaith regulations.
In the event of fhe 'SUB-GRANTEE'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, canc:el,- or terminate the Grant Agreement in whole or in
part in its sole dscretian: The SUB-GRANTEE is responsible for, all costs or liability
- arising from its failure to. comply. with applicable law, regulation, executive order, OMB
. . Circular or policy.
A.10 DISCLOSURE
The use or disclasure by any party of any informatian oonceming the DEPARTMENT for ,
any purpose not d'rrectly connected with the administration of the DEPARTMENTs or the
SU&GRANTEE's responsibilities with respect to services provided under this Grant
Agreement. is prohibited ,except by prior written consent of the DEPARI'MENT. .
However, the partiss acknowledge that the DEPARTMENT, and stafe. and local
agencies as defined in RCW 42.56.010, are subjed to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this° Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resoNe a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shaU
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority.vote, to resolve the
dispute. -
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi-judciaI tn'bunal. Nothing in this section shall predude the parties from
mutualty agreeing to a different dispute. resolution method in lieu of the procedure
outlined above. - '
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any otherparty'. No joirrt venture or
partnersh'ip is formed as a result of this GrarrtAgreement To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and holdharmless the DEPARTMENT, the State of Washington, and the
United States Govemment 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 SUB-GRANTEE, its sub-contractors, assigns, agents, corrtractors,
DHS-FEMA-EMPG-FFY 11 Page 11 of 23 City of Aubum
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consultants, licensees, 'invitees, empioyees or any person whomsoever arising out of or .
- in connection with any acts or aativities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further ` agrees to defend the
DEPARTMENT and the .State of Washingfon and their authorized agents and employees
in any Ifigation; including payment of any costs or attomeys' fees for any claims or
acction commenced thereon arising out of or in connection with acts or adiyities
authorized by this GraM Agreement
This obligation shalF not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claim5 or
damages are caused by, or result from the concument negl,igence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agerrts, or empioyees, this indemnity
provision shall be valid and enforteable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Departrnent of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal govemment, the
following shall aPPlY:
44 CFR 206.9 Non-liabilitv. - The federal government shalF. not be . liable for any claim
based upon the ezercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federat agency or an empioyee of the
federal government in carrying out the provisions of. the Stafrord Aat.
A.13 LIMITATION OF AUTHORITY - Authorized Siqnature
The signatories to this Agreement represent thaf they have the authority to bind their
respective organizahons to this Agreement Only the DEPARTMENT's AutFiorized
Signature and the Authorized Signature of the assigned SU&GRANTEE Agent or
Altemate for the 8UB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
candition of this Grant Agreement: Any alteration, amendment, modficafion, or waiver
- of any Gause or condition of this Grant 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 Aftemate for the SUB-
GRANTEE shall have signature authority to, sign reimbursemerd requests, time
extension requests, amendment and modificabon requests, requests for changes to
projects or work: plans, and other requests, certifications and documents author¢ed by
or required under this Agreement.
A.14 - 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 all or part of the Agreement as a"Termination for
Cause° without providing the SUB-GRANTEE an opportunity to cure. Altematively, the
parties may renegotiate the terms of this Agreement under °Amendments and '
Modifications" to comply with new funding limifations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Ag-reement, nor any claim arising under this Grant Agreement; shall
be fransferhed or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and 'state non{iiscrimination ~
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
DHS-FEMA-EMPG-FFY 11 Page 12 of 23 City of Aubum
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denied the benefits of, or othervvise be subjected to discrimination under any project,
program, or adivity, funded, in whole or in part, under this Grarrt Agreement.
A.17 NOTICES
The SU&GRANTEE 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.18 OCCUPATIONAL SAFETYMEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT /OSHA/IMSHAI
The SU&GRANTEE represents and warrants that its work place does now or will meet
all appl'uable federal and state safety and health regufations that are in effect during the
SUB-GRANTEE's pertormance under this Grant Agreement.. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, inciuding but not limited to, costs of suits and attomeys' fees assessed. .
against the DEPARTMENT, as a resuft of the failure of. the SU&GRANTEE to so
comply.
- A.19 OWNERSHIP OF.PROJEGT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilfies or reai property improved or
constructed with funds under #his Grarrt Agreemerrt, and by this grarit of funds does not ,
and will not acquire any ownership interest or title to such property of the SU&
GRANTEE. The SUB-GRANl'EE 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 govemment harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political adiVity or
to further fhe election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Aqreemerrt shall riot be used in payment af
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable'fees or bona fde technical consultant, managerial,
or other such service.s, other tFian actual soliatation, are not hereby prohibited if
othernise eligible as project costs.
A.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENTs name is mentioned or language used from which the connection of the
DEPARTMENTs name mey, in the DEPARTMENTs judgmerrt, be inferred or implied.
The SU&GRANTEE agrees not 4o publish or use sucFi advertlsing and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or urtder this Grant Agreemerit;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty=free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for gavemment purposes.
Publication resulting from work performed under this Grant Agreemerrt shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
'the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
DHS-FEMA-EMPG-FFY 11 Page 13 of 23 City of Aubum
- E12-054
A.23 RECAPTURE PROVISION .
In the event the SUB-GRANTEE #ails to expend funds under this Agreement in.
accordance with applicable federal, state, and local laws andlor the provisions of the ,
Grarrt Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the exteirt of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreemerrt termination. Repayment tiy *fhe SU&
GRANTEE of funds undee 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 casts thereof, including
attomey fees.
A.24 RECORDS
a The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other elsctronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contrasts, grarrt admiriisfration, and payments,'
including all direct and 'mdirect charges, and expenditures in the pertotmance of this
Grant Agreemertt (the °records"). : b. The SU&GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited tiy the DEPARTMENT or it5 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 ` SU&
GRANTEE with the terms af this Grant Agreement and to deteRnine the appropriate
level of funding-to be paid under the Grant Agreemerrt.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable spac:e for such purpose, at any and all times during the
SU&GRANTEE's normal working day, . ,
d. The.SUB-GRANTEE shaU retain and allow access to all reoords related to this Grarrt
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 Grant AgreemeM.
A.25 RESPONSIBILITY.FOR PROJECT/STATEMENT OF WORKIWORK PLAN
While the DEPARTMENT undertakes to -assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, tFie project itself remains the sole responsibility of the . SUB-
GRANTEE, The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to arry third party, othec than as is exptessly set out in this Grarrt Agreement.
The responsibiity for the design, developmerrt, construction, implementation, operation
and mairrtenance of the project, as these phrases are applicalile to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any Gaim or suit of any nature by any
third party related in any way to the project.
Prtor to the start of any oonstruction activity, the SUB-GRANTEE. shall ensure that all .
applicable Federal, State, and local permits and clearances.,are obtained, including but
nof I'united to FEMA compliance with the National Environmental :Policy Act, the National
Historic Presenration Act, the Endangered Species Act, and all other environmental laws
and executive orders. The SUB-GRANTEE shall defend, at its own cost, any and all daims or suits af law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE 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 attomeys' fees,
m connection with any claim or lawsuit brought by arry thvd party retated to any design,
development, construction, implementation, operation and/or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SU&GRANTEE 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 ttthe SUB-GRANTEE to any person for influencing or attempting to
influenoe 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 arry federai contract, the making of a►ry federal grant; the making of any
federal loan, the entering irrto of any cooperative: agreemerrt, and the extension,
continuation, renewal, amendment, or modification of any federal oontract, grarrt, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to a,rry person for influencing or attempting to influence an
afficer 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 Grarrt
Agreement, grant, loan, or cooperative agreemeM, the SU&GRANTEE will complete
and submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying,° in accordance
with its instructions; (3) and that, as applica6le, the 3UB-GRANTEE will require that the
language of this certificat'►on be included in the award documents for all subawards at all
tiers (including sub-contractss, sub-grarrts, and oorrtracts under grants, loans, and
cooperative agreements) and tFiat all sub,recipients shall certify and disclose
accordingly. This certfication is a materiai representation of. fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite fot .
making or entering into this.transaction imposed tiy section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If arry court of rightful jurisdiction holds any provision or condfion under this Grant
Agreement or its application to arry person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grarrt Agreement; which can be given effect without the inwalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competfive procuremeM process in the award of any
contrads with contractors or sub-coMradors that are entered into under the original
contract award. The procurement process followed shall be in axordance wRh 44 CFR
Part 13, Uniform Adminisfrative Requirements for Grarrts and Cooperative Agreements
to State and Local Govemmerits, or with OMB.Circular A=110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and.Other Nonprofd Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered irrto pursuant to this Grant Agreement shall
incorporate this Grant Agreemerrt by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The pafies intend that an independent contractor relationship will be created by this
Grant Agreement. The 3UB-GRANTEE, and/or employees or agents performing under
this Grant Agreemerrt are not employees ar ag" of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be pre.sented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of 1Nashington by reason of this Grant
Agreemerrt, nor will the SUB-GRANTEE make any claim; demand, or application to or
for any right or privilege'applicable to an offcer or-employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement; including, bufi not limited to, .
Workmen's Compensa6on coverage, unemployment insurance benefits, social security,
benefits, retirement membership or credit, or privilege or benefd which would accrue to a
civil senrice employee under Chapter 41.06 RCW.
It is understood that if the SUB-GRANTEE is another state deparfinerrt, state agency,
state university, state vollege, state community aollege, state board, or state
DHS-FEMA-EMPG-FFY 11 Page 15 of 23 City of Aubum
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commission,.that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES. FEES AND LICENSES
Unless otherwise provided in this Granf Agreement, the SUB-GRANTEE 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 SUB-GRANTEE or its staff required by statute or regulafion that are
applicatile fo Grant Agteement performance.
A.31 TERMINATION fOR CONVENIENCE
Nofinrithstanding any provisions of this Granf Agreemenf, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination fo the
DEPARTMENTS's Key Personnel identified in the Grarrt Agreement, specifying the
effective date thereof, at least thirty (30) days prior to.such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate tthis Grant
Agreemenf in whole or in part by providing ten (10) calendar days written notice,
beginning on.the second day after mailing to the: SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT'reserves the rigFifto suspend all ;or part ~
of the Grant Agreemerrt, withhold furthe'r payments, or prohibit the SUB-GRANTEE from
incurring addWonal obligations of funds. In the event of termina6on, the SUB-GRANTEE
shall tie liable for all damages as author¢ed by law: The rights and remedies oF the
DEPARTMENT proVided for in this sedion shall not be exclusive and are in addfion to
any other rights and remedies proyided by law.
A.32 TERMINATION OR SUSPENSION' FOR CAUSE
In the event ttthe DEPARMENT, in its sole discretion, determines the SU&GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement; is in an unsound financial oondition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform.,arry aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has `
the: right to immediatey suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARI'MENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENTs discretion. Any time allawed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SU&GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take wRective action. If the corredive action is nof
taken within ten (10) calendar days or as otherwise specfied by the DEPARTMENT, or if
such coRectiv "e action is deemed by the DEPARTMENT to be insufficient, the Grarrt
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incumng additional
obligations of funds during investigation of the alleged compliance 6reach, pending
corrective action by the SU&GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to fierminate the GrantAgreement in whole or in part.
I In the everrt of termination, the SUB-GRANTEE shall be, liable for all damages as
authorized by law, including but not limited fo, any cost difference between the original
Grant Agreemerrt and the replacement or cover Grant Agreemerrt and all administrative
costs directly related to the replacement Grarrt Agreement, e,g.; cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
. DNS-FEMA-EMPGFFY 11 Page 16 of 23 City ofAubum
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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 SUB-GRANTEE: (1) was not in defauit or material breach, or
(2) failure to pertorm was outside of the SUB-GRANTEE's.control, fault or negfigence,
- the termination-shall be deemed to be a"Termination for Convenience".
A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grarrt
Agreemerrt, the SUB-GRANTEE shall follow any procedures speafied in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights .
provided in this Grant qgreement, the DEPARTMENT may require the SUB-GRANTEE.
to del'nrer ta the DEPARTMENT any property speafically produced or acquired for the
pertormance of such part of this Grarrt Agreement as has been teRninated.
If the termination is for convenience, the DEPARTMENT shall pay to the SU&
GRANTEE the agreed upon price, ff separately stated, for properly authorized and
completed worlc and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed worlc and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed worlc and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (rii) other work, services andlor equiprtient or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
pfeservation of property.
Failure to agree with such amouMs shall be a dispute within the meaning of the
"Disputes" clause of this Grarrt AgreemeM. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEEsucfi sum _
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT proyided in this Grant qqreemerrt shall
nat be exclusive and are in addifion 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 SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreemerrt except as may be
necessary for completion-of such portion of the work under the Grant 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 SUB-
GRANTEE under the orders and sub-contrads so teRninated, in which case the
DEPARTMENT has the rigM; at its discretion, to settle or pay any or all claims
arising out ofthe termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-conVacts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTANENT 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 fimes, and
to the extent directed by 4he DEPATMENT any property which, if the Grant
Agreement had been completed, would have.been required to be fumished to the
DEPARTMENT;
DHS-FEMA-EMPG-FFY 11 Page 17 of23 City ofAubum
E12-054
f. 'Complete pertormance of such part of the work as shall not haVe been,
terminated by the DEPARTMENT in compliance with all canfractual
requirements; and
g: Take such action as may be necessary, or as the DEPARTMENT- may require,
for the protectian antl preservation of the property related to this Grant
Agreement wh'rch is in the possession of tfie SU6-GRANTEE and 'in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the G"rant Agreement specifically provides for difFerent rates, any travel or
subsistence reimbursement a(lowed under the Agreement shalt be paid in aacordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now, existing or
amended. The SUB-GRANTEE may be required to provide to the Department.copies of
receipts for any travel related expenses other than meals and mileage (exampie:
parking) that are authorized under this Agreement,
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to util'¢e business firms that are certlfied as
minority-owned and/or , women-owned in carrying out the purposes of this Grant
Agreemerrt. The SUB-GRANTEE may set utilization standards, based upon locai .
conditions or `may utilize the state of Washington MWBE goals, as identfied in WAC
326-30-041. A.36 WAIVERS
No conditions orprovisions of this Grant Aqreement can be waived unless approved in
I advance by the DEPARTMENT in writing. The DEPARTMENTs failure to insist upon
strict pecformance of any provision of the Grant Agreement or to 'exeroise any right
based u. pon a breach thereof, or the acceptance of any perFormance during such breach,
shall not constitute a waiver of any right`untler this Grant Agreemerit.
A.37 VENUE \
- This * Grant Agreement shall be construed and enforced in acxordance with, and the
validiry and perfcmiance shall be govemed by the laws of. the state. of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the,
Superior Court of Thurston.County, Washingfon. The SU&GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction af the courts of the State of
Washington.
DHS-FEMA-EMPGFFY 11 Page 18 of 23 City of Aubum' ~ E12-054
Exhibit C
~ 2011 Emergency Management Program Workplan
~
- ~ Agency: City of Aubum Emergency Management
a
Required Activfties for EAAPC3 eligi6ility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
#ribal emergency management programs. Activities cronducted using EMPG funding should relate diredly to the
four-elementss of emergency managem.eirt: preveMion; protection; response; and rec:overy:_ Washington State -
does not; require a speafic number 'of activities to reoeive EMPG funding, however, there are required
capabilities tliat must be conducted in orcler to remain eligible for EMPG funding, including the ability to
communicate and:warn, educate the ublic; Vain and exercise, lan and be NIMS com liant
Emergency
Management Planning
~ Function
General Plan for 2011 Calendar Year: Complete Hazard Mitigation and Disaster Recovery plans Emergency
Management Exercises
2 FunctHon
General Plan for 2011 CalendarYear: Participate in multijurisdictional IEMC with rec:overy focus. Util'¢e
contrac# employee to facilitate this procQ.ss.
~ Emergency
Nlanagemerrt Public Educat[on and Ir~formation
3 Function
General Plan for 2071 Calendar Year: Complete 3 CERT courses with at least 36 graduates, pfus 1 high
school based CERT course.
Emergency
Management Training ,
4 Funcdon
General Plan for 2011 Calendar Year: 3 staff to attend PIEPC.Conference and up to 2 staff to attend
IAEM and/or WSEMA conference.
Emergency
Management Operations and Procedures
5 Function
General Ptan for 2011 Calendar Year: Complete Duty Officer Handbook, EOC Manager Manual, and PIO
Handbook.
DHS-FEMA-EMPG-FFY 11 Page 19 of 23 Ciiy of Aubum.
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Ezhib'it D
MILESTONE TIMELINE
. _
FFY11 Emergency Management Perfomnance Gracrt Program
AAILESTONE TASK
October-l, 2010 Start of Grarit Agreement.,pertormance period.
. June 30, 2012 End of grant-performanoe period.
: August.15, 2012 Submit all final reports, requests for reimbursement and/or
deliverables.
~
bWS-FEMA-EMPG-FFY 11 Page 20 of 23 City of Aubum
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Exhibit E
" Budget Sheet
FFY11 Emergency iUlanagement Performance Grant Progrem
LOCAL EflAERGENCY MANAGEIIflEP1T BUDGET SUMNiARY
Category 2011 Local
- Funds Budget*
Salaries and Benefits $214,034
Unifortns $1 000
Travel $1000
E ui ment $1 000
Su lies $11300
Communications. 16,000
IT . $15 160
Multimedia $28,900
JanitoriaUMaintenance $52.200
CodeRed Lease $5 000
Vehicle Maintenance $1 000
~ Sub-aontractor $1 500
Other $4,900
Total AQ Program Costs $342,994
FFY71 EMPG Award $62,082
The City of Auburn award is $62,082. This is based on the FFY11 allocation fador of 18.1% of
approved locai/tribal emergency management operating budgets. This award will not be used
to suppiant the existing IocaUtribai funds identified above. 'The DepartrnenYs Reimbursement
Spreadsheet wiil accompany, each reimbursement request submitted. in addidon, the Sub- Grantee agrees to make all supporting records and documentation available to the Departmerrt
staff during normai business hours, upon request. A. total of b% of this award can be used to
pay for management and administration of this Grant Agreement
If the Iocalffibat einergency management operation budget is reduced, this Grant
Agreeme.ntmay be amended in.the DepartmenYs sole discretion and by the.DeparEment's
uni{ateral action to mfldify the awarded Grant Agreement amount bo reflect the change tn
budget since the awarded Grant Agreement amount, is based on the IocaUtribal
emergency management operation budget
• Na federal funds are included in the locai emergency managemeryt operating budget
Funding Source: U.S. DepartmeM of Homeland Security - PI# 713PT- EMPG
DHS-FEMA-EMPG-FFY 11 Page 21 of 23 City' of Aubum
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIUNS
for Compliance With the Federal Funding Accountability and Tran"sparency Act of.2006 (P.L.109-282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transpaazency Act (FFATA o_r the Transparency Act) and Office of
Management arid Budget Guidance (OMB). Pu61ic Law I09-282 as amended by section 6202(a).
of Pu61ic Law -110-252 (see 31 U.S.C. 6101 note). By entering into tliis contract, contractor
agrm to provide all applicable reporting information fo the Washington Military Department .
(WNID) required by FFATA and OMB Guidance:
B. The FFATA requires the" OMB to establish a publicly available online database
(LTSASpending.gov) containing information about entities that are awarded. Federal grants, loans,
and contracts: As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal cbntracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25;000 but su.bsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $23,000 . but funding;is subsequently de-obligated. such that the total award amount falls
below $25,000, the subaward_.continues to be subject to the reporting requirements of the
Transpareqcy Act and OMB Guidance. . .
D. As a Federal grant sabawardee underthis contract, your organization is required by FFATA,
OMB 'Guidance and this contract to proVide the WMD, as the prime grant awardee, all
information required. for FFATA comptiant reporting by WMD. This includes all applicable
subawardee etrtity information required by FFATA and OMB Guidance, sutiawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WNID
or by the Federal Contractor Regisfry (CCR). CCR is a government wide
registration system for organizarions that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
DiJN5 information, www.ccr.gov. WMD encourages CCR registration and
annual renewai by your organization to minimize unnecessary data entry and m-
enlry reqiiired by both WNID and your organization. It will also. reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering. System (DUNS)
number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A
DUNS number provides a method to verify data about your arganization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Govemment for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of yow organization (as the
subawardee) if: .
DHS-FEMA-EMPG-FFY 11 Page 22 of 23 Ciry of Aubum
E12-054
1. Your organization (the subawardee), in the pteceding fiscal year, received SO peroent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the campensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
IS(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or
section 6104 of the Intemal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have acxess to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
ar section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
~`~cei ~ ~Tame 4
`Off cer d' ~Total Comrprens_afio
alII'cOUII~
------,-~~r-------- . ,
`~Off ei ~~~o al ~mpensation - _ ~
amount _ , 1
;~Offc~ ~~T~f.Comperisa~ion~-~^
f ~SII10tltlt
~(?5fficer 4 Total'~Com~ ~ oa
.
, .
. ,
,~amount . ,
?Officea+ 5 To a1TCOompensation T
_ _ . r
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1-12-2011 Final
DHS-FEMA-EMPG-FFY 11 Page 23 of 23 City of Aubum
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