HomeMy WebLinkAbout5261 RESOLUTION NO. 5 2 6 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE
OF A GRANT FROM THE WASHINGTON STATE MILITARY
DEPARTMENT IN THE AMOUNT OF FORTY-THREE
THOUSAND THREE HUNDRED FIFTEEN DOLLARS
($43,315.00) FROM THE UNITED STATES DEPARTMENT
OF HOMELAND SECURITY EMERGENCY MANAGEMENT
PERFORMANCE GRANT PROGRAM, AND AUTHORIZING
THE MAYOR TO EXECUTE NECESSARY AGREEMENTS
TO ACCEPT AND EXPEND 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, as indicated in the Washington State Military
Department, Homeland Security Grant Agreement Face Sheet, attached hereto,
and ineorporated herein by this reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Purpose. The City Council of the City of Auburn does hereby
authorize the IVlayor to accept the Washington State Military Department,
Emergency Management Division offer of a grant in the amount of Forty-Three
Thousand, Three Hundred Fifteen Dollars ($43,315.00) as the City's allotment of
annual Emergency Management Performance Grant monies, empowering the
Resolution No. 5261
December 12, 2016
Page 1 of 2
Mayor to negotiate and execute a contract for such grant and to expend the grant
dollars consistent with the purposes and intentions of the grant.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in full
force upon passage and signatures hereon.
DATED AND SIGNED THIS /°l� DAY OF DECEMBER 2016.
CITY OF AUBURN
�
a y Backus
AYOR
ATTEST:
��L��� 0�'�1�'�t�
Danielle Daskam,
City Clerk
AP O ED O FO .
Daniel B. Hei ,
City Attorney ,_.
Resolution No. 5261
December 12; 2016
Page 2 of 2
Washington State Mllitary Department
HOMELAND SECURITY GRANT AGREEMENT.FACE.SHEET.._ .____ -__
1. SObreciplerR Name and Addr�s: 2. OraM AgreertieM Amount: .-... ..8:-�Grsnt Agreamaid Num6er.
Aubum,Clty of y�g�g�g E17-1d1
25 West Main Street
. Aubum.WA98001=4916 - --- - —..
�4.-Sirtiradpient.CorAact,phone/emall: 5. 6�arrtP�reementSta't�Dele: 8. GrantAgreemenfEqil�Date:
JenqThorsan.2.59-87&1909 ,wne1.2018 August31.2017
• � _ _ .
7. Departrne�rt CoMad,phona/email: 8.�Dam UnNersal Numberinp SYstem(DUNSy. 9. UBI�(state reve_iiue):
Thzah,IOneheloe,25&.512-74� 0���4 171-000-010
rsah.
10. Fundir�q AuthoAty:
Wash �� -b Sfate Mil - De M the'DEPARIMENT and the U.S.De � of Homeland Saeu _ DHS
"17�.-FeilerelF�dUig IdeMiflcetlan#: 12. Federel Award Date: 13. Calalog bf Federal-OomesUc Asdstance(CFDA)�8 Titl�
EAlS20'IGEP-00002501 -�.08H0(TDtB- 97.042 16EMP(i�
14. T6talPederalAmouM#. � � � 15.�Propramindex#.&.061/SUB-OB.1: 16. TIN: �
F7 - � q _. _. �. 789PT 1�R . - — 91-6001716
17: Service Dlsficti: 18. SeMoe Nea by�CouiAy(ies):------ .. .79. WcmeNMtriorily-Owned.Sfate�
(81'LEGISLATIVED15iRICT): 30,31,�47� �9�� Certlfled?: X WA ❑ NO
BY CONGREuSIONAL DISTRIC • 8,B _ ❑ �YES,OMVYSE# - -
..20. AgreenentClaasfieatlon ._ ._ - . . .21. COMradlYCe(tlreticatime2aavN): .
❑ P�sonal5ervlws 0 CllentS.ervices X PublfelLocelOoJt O Conhact X Orarrt .X AgreemeM
❑ ResearchlDevel merd ❑ A/E -�_Othar ❑ IMergovemmer�l (RCW39.34) ❑ Ifitere9�Y.
22 Subreoipien[SeleaUnn-Rxess: . .. .. 23. Subredqierk Type(dmdc di thet epply) _.
� X 'To aU who apply 8 qualify' ❑ Competltive Bldding ❑ PMate Oiganizatlon/Individual ❑ Far-Profit
❑ Sole Souroe ❑ AlE RCVY O WA X PuWk O�garitratloNJur�dktion ❑ NomProfit
❑ Flledw/OFM?. .�.AdVartlsed? ❑YES �NO ❑ CONTRACTOR X SUBRECIPIENT-_❑_OTHER
24. PURPOSE&DESCRIPTION: �
The purpose of the FY?A76 Eme!geney Wa�apement Performanee GraM(18EAAPG)Is to provlele US.DapartrtreiR�_of Homaland
Securlry (�H9�edaral Emergenry ManagemeM Ageney (FEAAA) Federsi award tunda to local luMemctlons and tribes Wid�
eme�gancy managemeM pWoBiams to asslat in preparing tor dl Fmmrds through suslsinmeM and enhspcement otffiose programs
as deserihed In the Work Plan.
-
The Deparlment Ia the Redpknt snd Pass3hrough Entlry of the 18EMPG Award EAAS2018-EP-00002-801,wl�ieh�.is incorporated in
and aCached�.6ereto as Atlaehmont�1, apd�has�de�a subaward of Federal��award�tunda to the SubrecipleM punu_airt�to ihls
Agreement The SubreelploM la aceouMable to the Depa:Mient.f,or use af Fedaral award TuMls proNdetl-under thls.Agreeme�K
.-and.the asseclaEeil mafchin funds:. �-� - - - -
IN WITNE3S WHEREOF,the Departmeiit end Sutiredplerrt e6linowledge�and�eaapt the tertns af this ABreement Indutling afl refa_renceC
Ezhlblts and AttaChmer�whlch are hereby Incorporatad In and made a psR hereof,and heva executed this Agreoment as of.the data balow.
T}iIs Apreement Fece Sheet; Speclel Tertne�8 Condltlore(E�dilbft A);Oeneral Terms.and.CondlUons�(Exhibit B);.Wo(k:Plen (Ezhiblt�C);
Tmeline(E�lbtt D);�Budget(Exhlbk:E):end elI other docurtienb,exhlblte and edachments e�resely referanced and incoryorated herein
coritaln�all.the terms and��ioni]itiorm agreed:upon 6y the paNes and govem,Ne ri9hts and abllgaflons af tha pardes�to Mis A9reement. No
___ .. . _
otherunderemndlnps.ordlorotherwiae,regazdingtlieaubJeclmatterattMsAgreementshallbedeemedtae�dstorto:blridarryofttieperties �
Fereto. - __. ._._ . . _ __ .
In�the aveirt of an InconsLstency In tM1ls AgreemeM; unless�olhemAse provitled hereln, the Inconsfstency sflall 6e resolved�bY 9ivir�. �.
precedenee In the tollowing oidar. -.
1. Appllcable Federal and StaEe StaLrtes and Regulaflons 4. Speelal Terms snd Condltlwre
2. �DHS/F_EMA,Avirard and program doeumeMs 3. Oeneral Tertrie and CondtBone,and
3.. �Yllork Plan� _. 6.��Olher lona ofthe A reemerR In ....-. reference
WHEREAS,rt�e peitfes hereto-have executed this Agreement on the tlay and.year lest specrtieC.babw. - --
FOR THE DEPA E / FOR HE SUBRECIPIENT:.
��1�� J�i//'�i) �t�'"�w��,� _ t�.•.��.
Slgn'aWre - -- -� Data 9��,� Dete
Ridiard A Woodndf.Contrads Ofitcer Nancy Ba ayor
W�hington:State Military DepartrneM Ciry of Aubum
BOILERPLATE APPROVED AS TO FORM: APP P ble): �f^�,r!/
SignaWre on File(9/6120t6) _ ��'I ry l`�
Br'ranE.6udtiholz.AsslstantAttomeyGeneral �cenCs Rediew� .__ . _ -� Data
_. .. . "_.: _ - � ?12015b11L
OHS-FEMA-EMPCrFfY 16 P�e 1 of 32 Aubum,Gty of,E17-141
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals Iisted tielow sha�l be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notificaGon to the curcent key personnel.
SUBREGIPIENT MILITARYDEPARTMENT __
_..._. _
;Name_ Jerry Thorson Neme:_ �Llriah Kincheloe
_-- � --c-� _
Tkle.` Emergeney AAanager__ TiUe. _ .P_ ram:Coortlinator _ _..______ .
E-Mail ithorsonCaDaubumwa.aov _ E Mail_ '.tirsah.kincfieloe"c�mil.wa.s�ov, _
--- �._ .._..-_ .
�Fhone.' 253•876-1908-- __ - Phone' ;253=512':74SBy'� � ----
_ — - - -_ .
Natne_ Dana Hinman Na`me: :Sleira:Wardeil__ __- - -_ .
`_Titie'.�. Dlrector of Adminishation_ _ :,Title.._ SectioniSu ervisor .... .__. ,._..
— --
E,Mail dh ma burriixa. ov- "E=Mail sierra.ward'eU mfl.we. ov. _
_
P_hone 253-931�009 _ _P_hone-- -253=B12;7121"___._._.___
Name T IerTumer _ ____ Nairie DaltonGamboa __ ___
_ _
Ti�e_._ Emergency Management Speclalist Title P. ram'Assistant
_ _.._.._.__
E=Mail_ ttumer�aubumwa.aov _ _ _E-Mail daiton. amtio inil:wa. ov _ .
Phone 253-878,1992 Phone 253-612-T044_ .._._--
- - - - - -
ARTICLE il. ADMINISTRATIVE,ANDIOR FINANCIAL REQUIREMENTS
The Subrecipient shall compiy with all applicable state and federai laws, rules, regulations, requirements and
program guidance identified or referenced in 4his Agreement and the infarmational documents published by
DHS/FEMA applicable to the 16EMPG Program, including, but not limited to, all crite�la, restrictions and
requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant
No. EMS-2018-EP-00002-S01, and the f.ederal regulations commonly applicable to DHS(FEMA grants, all of
which are incorporated herefn 6y reference. The DHS Award Letter is incorporated in 4his Agreement as
Attachment#1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
perfo[mance descrlbed herein may begin prior to the avaflability of appropriated federal Tuniis. The Subrecipient
agrees fhat it will not hold the Departinent,the Sta4e of Washington, or the UnRed States iiable forarry damages,
claim for reimbursement, or any type of payment whatsoever for services perfomied under this Agreement prior .
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particularamount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANT3:
The following requtrements apply to all DHS/FEMA Preparedness Grants adminisfe[ed by the
DepaRment.
1. SUBAWARDS&CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whe4her each agreement ft
� makes for the disbursement of 16EMPG funds recetVed under#his Agreement casts the
party recelying 4he funds in the role of a su6recipient or contractor in accordance with 2
CFR 200:33U.
b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient:
i. The Subrecipient.must gamply arith all federal lau4s and regulations appifcable to
pass-through entities of16EMPG funds, inciuding 6ut not limited to those contained
in 2 CFR 200.
ii. The SubreGpient shall require its subreapient to comply with all applicable state
and federal laws, rules, regulations, requirements and program guidance id.ent�ed
or referenced in this Agreement and the InformaUonal documents published by
DHS-FEMA-EMPG-FFY 18 Page 7of 32 Aubum,City of, E17-141
DHS/FEMA applicable to the 16EMPG Program, inciuding, but not limited, to, ail
criteria, restrictions, and repuirements of tfie "Department of Homeland Security
(DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency
Management Perto�mance Grant (EMPG)" document, the DHS Award Letter for
Grant No. EMS-2016-EP-00002-S01 in Attachment#1, and the federal regula4ions
commonly applicable to DHSJFEMA grants.
iii. The Subrecipient shall be responsible to 4he Department for ensuring that all
16EMPG federal award funds provided to its subrecipient are used in accordance
with applicabie feileral and. state statutes and regulations, and the terms and
conditions of the federal award set forth in AHachmenf#1 of this Agreement.
_.
2 REIMBURSEMENT& BUDGETREQUIREMENTS
_
a. Within the total Grant. Agreement Amount, Vavel, s.ub-contracts, salaries, benefits;
printing, equipment, and other goods and services or other budget, categories will be
reimbursed on an actual cost basis unless dtherwise provided in this Agreemgnt.
b. The maximum amount ofall reimbursement requests permitted to be submitted under fhis
Agreement, induding 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 (ExhibR E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and tfie Suti�ecipient establishing approyed indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department:
However, under 2 CFR 200.414(�, if the Subrecipient has never receiyed a negotiated
indirect cost rate agreement establishing federally n.egotiated rate(s), fhe Subrecipient
may negotiate a rate with the Department or charge a de minimis rate,of 10% of mod�ed
total direct costs. The SubrecfpienYs actual indirect cost rate may vary from the approved
rate, but must not exceed the fndlrect cost ratepercentage ide.ntified in the Budget.(Exhibi4
E).If a Subrecipient chooses to charge the 10%de minimis rate, but did,not charge indirecf
costs to previous subawards, a request for approval to charge indirect costs must be
submitted to the Department Key Personnel fot app�oval with an explanation for fhe
change. .
d. For travel costs, the SutirecipieM shall comply with 2 CFR 200..474 and,should_ consult
their intemal.policies, state retes set pursuant to RCW 43.03.050 and RGW 43.03.06q as
now existing or amended,and federal maximum rates set forth at htto://www.asa.aov,snd
follow 4he most resfictive. If travei costs exceed set state or federal limit§, t�ayel costs
shall no4 be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests wiii include a properly completed State A-19 Invoice Form:and
Reimbursement Spreadsheet(in the format provided by the Department) detailing the
expenditures for which reimtiursement is sought. Reimbursement requests must be
submitted to ReimbursementsCc�mii.wa.ao4 no later than the due dates listed within the
Timeline(Fachibit D), but not more fr"equently than monthly.
Reimbursement request totals should be commensurate to the fime spent processing by ;
the Subrecipient and the Department. If the reimbursement reguest isn'f substantial
enough, the Subrecipfent should request prior written approva_I from Department Key
Personnel to waive the due date in the Timeline(Exhibit D)and instead submit those costs
on the next scheduled refmbursement due date containeii in the Timeline.
f. Receipts and/or backup documentation fo�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 rriade available upon request by the Dep.artment
and auditors.
DH&FEMA•EMPGFFY 16 Page 3 of 32 Auburn, City of,E17-141
g. Any request for extension of a due date tn the Timeline (Exhibit D) wiil be treated as a
request for Amendment of the Agreement and must be submiNed to 4he Departmerit Key
Personnel suffidently in advance of the due date to pro4ide adequate time for Department
review and consideretion, and can be granted or denied within 4he Deparfinent's sofe
discretion.
h, All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department.within 45 days after
the Grant Agreement End Date, except as othervvise authorized by written amendment of
this Agreement and issued by the Department
L No costs for purchases of equipmenUsupplies will be reimbursed untii the related
equipmenUsuppiies have been received by the Subrecipient, its coritractor; orany non-
federal en4ily to which the Subrecipient makes a subaward and is inyaiced by the vendor.
j. Faifure to timely submR complete reports and reimbursemerit requests as required by this
Agreement (including but not limited to tNose reports in fhe Timel'ine) will prohibff the
S.ubrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct'its review.
k. Final reimbursementrequests will not be approved for payment until 4he Subrecipient is
current with all reporting requirements contained in this Agreement.
I. A written amendment will be requGed if the Subrecipient expects cumuia4ive transfers to
budget categories, as ident�ed in the Budget (Ezhibit E), to exceed ib% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without ap{iroVal from the Department.
m. Sub.recipfents shall only use federal award funds under this Agreement to supplement
ebsting Tunds, and witl not use them to repiace (supplant) non-federal funds that have
been budgeted for the same purpose. The SubrecipieM may be required to demonstrete
and document that a reductio� in non-federal resources occurred f.or reasons other than
__ _
tHe receipt or expected receipt of federel funds.
3: REPORTING REQUIREMENTS
a. With each reimbursement request,the Subrecipient shall report how the expenditures,for
which reimb.ursement is sought, relate to the Work Pian activities in the forma4 provided
6y the Department.
b. In conjunction wifh fhe next annual grant cycle application process,the Subrecipien4 shall
submit to the Departmerrt Key Personnel a flnal report describing all comPleted activities
under this Agreament. If a Subrecipient will not be applying for grant funding during the
next annual grant cycle application process,the Sutirecipient wili submit a final fepoR with
its final reimbursemen4 request to the Department detailing progress on all ac(ivRies listed
in tHe Work Plan.
c. In conJuncfion with the final report,the8utirecipient shall submit a separete report detafling
how the EMPG Exercise and Training requirements we.re met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipientshail compiy wfth the Federal.Fu.nding Accountability and Transparency
Act(FFATA)and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
retum to the Department the FFATA Form located at httq:!!m'il.wa.aov/emeraencv-
manaaement-divisionlarants/reauiredarantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
State Preparedness Report.
DHS-FEMA-EMPO-FFY 16 Page 4 of 32 Aubum,Ciry of,E17-141
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipien4 makes a subaward
shall comply with 2 CFR 200.318 — 200:326 when procuring any equipment or supplies
under this Agreement,2 CFR 200:313 for management of equipment, and 2 CFR 200.314
for managernent of sup"plies, to include but not limi4ed to: �
i. Upon successful completion, of the tertns of this Agreement, all equipment and
supplies purchased through.this Agreemen4 will be owned by the SubreGpient, or a
ceoogniied non-federal entity to w.hich the Subrecipienthas made a su6award, for
which a contract, subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equfpment, a�d supplies as appifcable;purchased under this Agreement wiil be
recorded antl maintaineBin the SubrecipienYs inventory system.
iii. Invenfory system records shall include: a description of tHe property; the
manufaoturer's serial number, mgdel number, or other ident�cation n'umber; the
funding source for the equipment, including the Federal Award lilent�cation
Number (FAIN); Cafalog of Federai Domes4ic Assistance (CFDA) numbe[; who
holds the title;the acquisition date; the cost of the equipment and the percentage
of Federal participatiori in the cost;the locafion, use and condition of tlie equipment
at the date the information was reported; and disposition data including the date of
disposal and sale price of the prop:erty.
iv. The Subrecipient shall take a physical inyentory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every
two years. Any differences between quanti4les determined by the pfiysical
inspection and those shown in the records shall be investigated by the Subrecipient
to determine the cause of the difference. The Subrecipient shail, in connection with
the inventory, verify the ezistence, current utiliza4ion, and continued need for the
equipment.
v. The Subrecipient shall be resporisible for any and all operational and maintenance
expenses and far the safe apetation of their equipment and suppiies including ali
questions of liability. The Subrecipient shall develop appropriate maintenance
schedules and procedures to ens0�e ttte 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 sfiall
be investigated and a report generated and sent to the Department.
vii. The Subrecipient must o6tafn antl maintafn all necessary certiflcations end licenses
for the equipment.
viii. If the Subrecipient ts euthorized or required to sell the property, proper sales
procedu�es must tie established and followed to ensure the highest possible return.
ix. If upon termina;ion or at the Grant Agreement End Date, there is a residual
inventory of unused supplfes exceeding $5,000 in totai aggregate value w.hich will
not be needed for any other Federal award, or when original or replacemeM
equipment is no longer needed for the orlginal project o� program or for other
activities currently or previously supported by a Federal agency or aw.ard, the
5ubrecipient must comply with the following procedures:
A. Supplies: The Subre.cipient may reta,in the suppties for use on other non-
Federal related actidities or sell them, but must compensate the Federal
sponsoring agency fo�its share.
B. Equipment:She Subrecipfent m.ust dispose of equipment as foltows:
DHS-FEMA-EMPGFfY 18 Page 5 of 32 Aubum,City of, Et7-141
i. Items of equlpment with a curtent per-unft fafr market value of less than
$5,000 may be retained, sold, or othervvise dispos.ed of by the
Subrecipient with no further obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market value of more than
$S,OOO may 6e retained or sold and the Subrecipient shall compensate
the FederaMsponsoring agency for its share..
x. Reco�ds for equipment shall be retained by the Subrecipient for e period of six years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or
audit is started before the expiration of the six year period, the records shall be
retained by the Subrecipient until all litigation, claims, or audit findings involving the
records have been resoNed.
b. The Subrecipient shall comply with the DepartmenYs Purchase ReviewProcess,which is
incorporated by reference and maile p8rt of this Agreement. No reimbursement wili be
provided unless the appropriate approval has been receiyed.
c. Aliowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http://www.fema.aov/authorized-
eauioment-list. It is important the Su6recipient and any non-federal entity to wtilch the
Subrecipient makes a subeward regard ttie AEL as an authorized purchasing list
identifying items allowed under the specfic grant program, and includes Rems tha4 may
not be categorized as equipment according to the federal,state,local,and tribaFdefinitions
of equiqment. The Subreciplent is solely responsible for ensurfng and documen4ing
purchased'items undecthis Agreement are authorized as allowed items 6y the AEL at time
of purchase.
If the item is not ideritifled on the AEL as ailowable under EMPG, the Subrecipient musY
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly proyided otherwise, all aquipment mustmeet all mandatory repulatory
and/or DHS/FEMA adopted standards to be eligibie for purchase using Federel award
funds.
e. Equipment purchased with DHS federal award funds is to be marked with"Purchased
with funds provided by 4he U.S. DepartmeM of Homeland SecuFitj/'when practicable.
f. As a subrecipient of federel funds, the Subrecipient must pass on epuipment.and suppty
management reguirements fhat meet or exceed the requirements ouGined above to any
nomfederal entity to which 4he Subrecipient becomes a pass tHrough entity by making a
subaward of federal award funds under this Agreement.
6. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shali ensure full compliance with the DHS/FEMA Enyironmental Planning and
Historic Preservation (EHP) Program. EHP program info�matfon can be found at
httas�//www fema qov/office-environmentabolannina-and-historic-oresenration; FP 108-023-1
Environmental Planning and Historic Preservation Pohcy Guidance at
htto�/%www fema aov/media-librarvfassets/documentsf85376; and FP 108.24.4 Environmental
Planning and Historical Preservation Policy at httos:%lwww.fema.aov/media-
IibrarV/assets/dooumen4sH01537. all of which are incorporated in and made a p.art of this
Agreement.
a. Projects that haye historical fmpacts or the potentiai to impact the environment, including,
but not Iimited fo constructfon of communication towers; mod�cation or renovation of
existing buildings,structures and faciiRies; or new construction including replacement of
facilities, must participate ,in. the DHSlFEMA EHP review process prior to initiation.
ModiflceUon of ezisting buiidings, fncluding minimally invasive improvements such as
attaching monttors to walls, and training or exercises occurring outside in a�eas not
DHS-FEMA•EMPG-FFY 18 Page 8 of 32 Auburn,City of,E17-141
considered previously disturbed, also require a DHS/FEMA EHP re41ew before pioject
initiation.
b. The EHP review process involvea the submission of a detailed project description that
expla(ne the goals and objectives of the proposed project a.long wi4h s.upporting
documentation so FEMA may determine whether the proposed project has the potential
to impact environmental resources and/or historic properties.
c. The Subrecipient agrees that to receive any federal preparedness fund'mg, all EHP
compliance requirements outlined in applfoable guidance must be met,. The EHP review
process muat be completed aed approval received by the SubrecipieM 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 o.f approval by the
Subrecfpient will not be reimbursed.
6. PROGUREMENT
a. The Subrecipient shall comply wlth all procurement requiremenfs ot 2 CFR Part 200.31.8
fhrough 200.326 and as spec�ed in the General Terms and Conditions, Exhibit B, A.10.
b. For all sole source contracts expected to ezceed$150,000,the Subrecipient must submit
to the Department for pre-procurement review and approVal the procurement documents,
such as requests for proposals, invitations for bids arid independent cost estimates. This
requirement must be passed on to any non-faderal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity fo which the Subrecipient
makes a subaward.
_
7. SUBRECIPIENT MONITORINO
a. The Department will monitor the activities of the Subrecipient from awa�d to closeout. The
goal of the Departmenf's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agrcement,federal and state audit
regutrements, federal grant guidance, and applicable federal and state financia.l
regulatio.ns, as weii as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR PaR 200 Subpart F requirements, the Subrecipient
shall complete and retum to the Department the 2 CFR Part 200 Subpart F Audit
Certification Form located at htta•/lmil wa aov/emeraencv-manaiaement-
diVision/arants/reauiredaran4Forms with the signed Agreement and eacfi fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii. monftoring and documenting the completion of Agreement deliyerables
fii. documentation of phone calls, meetings, e-mails and coRespondence
iv. review of reimbursement requests and supporting documentation to ensure
aliowability and consistency with Agreement work plan, budget, and federal
requfrements
v. observation and documentation of Agreement related activi4les, such as exercises,
training,funded events, and equipment demonstrations
vi. on-site visits to review equfpment records and inventories, to verify source
documentation far reimbursement requests and performance reports, and to verify
complefion of deliverables.
d. The Subreciplant is required to meet or exceed the monitoring ac4ivities, as ouflined
above,for any non-federel entity to which the Sutirecipient makes a subaward as a pass-
through entity under this Agreement.
DHS-FEMA-EMPG-FFY 18 „ Page 7 of 32 Autiurn,City of,E17-141
e. Compliancy will be monitored throughout the pertormance period to assess risk.
Concerns will be addressed through a CoRective Action Plan.
8. LIMITED EN(iUSH PROFIENCY(CIVIL RIGHTS ACT O,F 1964 TITLE VI)
a. The Subrecipient must compty with the Title VI of the Civil Rights Act of 7984 (Title VI)
prohibition against discrimination on the basis of na4ionai origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency(LEP) to their programs and services.
Provitling meaningful access for persons witti LEP may entail providing languags
assistance services, inctuding oral interpretation and written trenslation:Executive Order .
13168,Improving Accessto Serdices for Pe[sons with Limited English Proficiency(August
11, 2000), requires federal agencies to issue guidance to recipiertts, assisting such
organizations and entRies in understanding their tanguage access obligations. DHS
published fhe required recipient guidance in Aprll 2011, D.HS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discriminafion Affecting Limited English Ptoflclent Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011):The Guidance provides helpful information such as how a reciPient can
determine the entertt of fts obligation to provide language services, selecting language
services, and elements of an effective pian on language assistance for LEP Persons.. For
addRtonal assistance and information regarding lariguage access obligaUons, please refer
to fhe DHS Recipient Guidance at httos�//www dhsobv/quidance-oublished-hela-
deoartment su000rted omanizations-orovide-meanincfuf-access-ceoole-limited and
additional resources on htto:!/www.len.aov.
9. NIMS GOMPLIANCE
a. The National Incidenf Management System(NIMS) ident�es concepts and principles that
answer how 4o manage emergencies from prepa�edness to recovery regardless of thefr
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multipleagencies orjurisdictions to worktogether to bu'ild,s.ustaln, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementa4ion of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effecfive and integrated preparedness, planning, and response.
NIMS empowers the componerrts of the National Preparedness System, a requirement of
Presidential Policy Directive(PPD)-S,4o guide activities wRhin the public and priVate sector
and describes the planning, o.rganizatfonal activities, equipping, Vaining and exercising
needetl to build and sustain the core capabflities in support of the Natiorial Preparedness
Goal.
a The Subr.ecipfent agrees thet in order to receive Federal Fiscal Year 2016 federai
preparedness funding, to include EMPG, NIMS compliance requirements for 2016 must
be met.
8. EMPG PR06RAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHSlFEMA, which is provided to
assist state, local, and tribal governments enhance and sustain ali-hazards emergency
management capabilities as authorized by Robert T. Stefford Disaster Relief and Eme�gency
Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina
Emergency Management Act(6 U.S.C. §782).
2. A portion of the 16EMPG grant was identffled by the state to be passed through to local
Juiisdictions and tribes with emergency management prograrris fo supplement their IocaVtribal
operating budgets to help sustainsnd enhance emergency management capa6ilities under WAC
118-09.
3. The Subrecipient shall use the EMpG funds authorized under this Agreement only to perform
• tasks as described in the Work Plan of the SubrecfplenYs application for funding, as approvetl by
DHS-FEMA-EMPGFFY 16 Page 8 of 32 Autium,City of,E77-141
the Department and incorporated into this Ag�eement. Funding .may not be used to replace or
supplant existing local or tribal go4emment funding of emergency management programs.
4. The Sub�ecipient shall provide a fifly percent match of$43,315 of non-federal origin. To meet
matching requirements, the S.ubrecipient cash matching contributions must tie considered
reasonabie, allowable, allocable, and necessary under the grant progrem and must comply with
all Federal requirements and reguia4ions, inciuding but not limited to 2 CFR Part 200: Ati
appropriate meclianism must be in piace to capture,track, and document matching funds.. In tlie
final report, the Sutirecipient shall identify how the match wes met and documented.
5. Exercises that are implemented with EMpG Frogram funds under this Agreement must meettfie
requirements of the 16EMPG Program.
6. A11 personnel funded in any part through federal award or matching funds under this Agreement
shall:.
a. paRicipate in no less than three exercises in a 12-month period. The Subrecipient will report
exercise participation along with the final reports
b. complete the foliowing training requirements and record proof of completion: NIM3Training
ICS 100, ICS 200, IS 700, and IS 800 and fhe FEMA Professional Development Series IS
120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The 5ubrecipient wiil report training
course completion by individual personnel along with the final report.
�. DHS'TERMS AND CONDITIONS
As a subrecipient of 16EMPG Program funding, 4he Subrecipient shall comply with aii applicable DH.S
terms and conditions of the 16EMPG Award Letter and its incorporated documentsfor DHS Grant No.
EMS-2016-EP-00002-S01,which are incorporated and made a part of this Agreement as Attachment#1.
DHSFEMA-EMPG-FFY 18 Page 9 of 32 Aubum,City of,E17-141
Exhibit B
Washington State Military Department
f3ENERAL TERMS AND CONDITIONS
Department of Homeland Security(DHS)I
Federal Emergeney Management Agency(FEMA)
Grants
A.1 DEFINITlONS
As used throughout this Agreement; the terms will have tli,e same meaning as defined in 2 CFR 200
Subpart A(which is incorporated herein by reference), except as other4vise set forth below:
a. "AgreemenY means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any diyfsion,
section,office, unft or other entity of the Department,or any of the officers or other offcials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a subrecipient
underthis AgreemeM.
c. "SubreclplenY'when capitalfzed is primarily used throughout this Agreement in reference to the
non-feYlerel entity identified on 4he Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"subrecipienY' is the same as in 2 CFR 200.93
for all other purposes.
d. "Monitoring Activlties" means all administrative, financial, or other review activities that are
conducted to ensu�a compliance wi4h all state and federal laws, rules, regulations, authorities and
policies.
f. "Investment"means the grant application submitted by the Subrecipient descdbing the project(s)
for which federal funding is sougM and provided under this this Agreement Such grant
applicatlon is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS FROHIBITED
The Depaitment§hail make no payments in advance or in anticipation of goods or services to tie provided
under this Ag�eement. Subrecipie�t shall not invo'ice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMEIJDMENTS AND.MODIFICATIONS
The Subrecipient or tfie Department may request, in writing, an amendment or mad�cation of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Departrnent.
and the Subrecipient. No other understandings or agreements, wriften or oral, shail be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBUC LAW 101-336. 42 U:S.C. 12107.ET
SEQ AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA"28-CFR Part
Te Subrecipient must comply with the ADA, which provides comprehensive civil rights pFotection to
individuals wRh disabilit(e.s in the areas, of employment, public accommodations, state anii local
government services, and telecommunicatian.
A.5 ASSURANCES
, The Department end Subrecipient agree that ail actNity pursuant to this Agreement will be in,accordance
with all the appUcable current federaJ, stete and local laws, rules and regulations.
A.6 r�oTicireTlON REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As fed'e�al funds a�e a basis for this.Agreement;the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed,for debarment;declared ineligible,or volunta�ily excluded from
participatfng in this Agreement by any federal department oragency.
The Subrecipient shall complete, sign, and re4um a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary ExGusion form located at. h$p•/lmil wa aov/emeraencv-manaaement-
DHS-FEMA-EMPG-FFY 16 Page10 of 32 Aubum, Ciry of,E17-141
division/arants/reauiredarantforms. Any such form completed by the Subrecipient for thfs Agreement
shall be incorporeted into this Agreement by reference.
Further; the Subrecipient ag[ees fo compiy with all applicable federal regulations concerning thefiederal
debarment and suspension system, including 2 CFR Part 780. The Subrecipient cert�es that it will
ensure that potential contractors or subrecipients or any of their prinapals are not debarred, suspended,
praposed for debarment, declared ineiigible, or voluntarily excluded from participation in "covered
transactfons" by any federal department or agency. "Covered transactians" include procurement
contracts for goods or services awarded under a non-procuremerrt transaction (e.g. grant or cooperetive
agreement) that are expected to equal or ezceed $25,000, and subawards to subrecipients for any
amount. Wdh respect to covered t�ansactions, the Subrecipient may comply with this provisfon by
obtaining a cert�catfon statemeM from tFfe potentiel conhactor or subrecipient or by checking the System
for Award Management(htt�:Nti4ww:sam.aov) maintained by the federalgovemment: The Subrecipient
also agrees �ot to enter into any arrangements or contracts with any party on the Washington State
Departrnent of Labor arid Industries' "Debarred Contractor List°
(http://www.ini.wa.gov/TradesLicensing/PrevWagelAwardingAgencies/DebarcedCoritraccors/). The
Subrecipfent also agrees not to enter into any agreements orcontracts for the purchase of goods and
services whh any party on the Department of Enterprise Seryices' Debarced Vendor List
(htto�/lwww des wa aov/services/ContractindPurchasina/Business/PaaesNendor-Debarment.asex).
p,7 �FRTiFir.aricjN REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sutxecipient hereby certifies that to 4he best of its knowledge and
belief: (1) no federally appropriated funds heVe been paid or will be paid by or on behaif of the
Subrectpient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Gongress, an officer or employee of Congress, or an employee of a Member of Congress
in wnnection wfth 4he awarding of any federal confract, the making of anyfederal grant, the making of
any federal loan, fhe entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contraot, grant, loan, or cooperetive agreement; (2)
that ff any funds o4her than federal appropriated funds have been paid,or will be paid to any person for
influencing or attempting fo iMluence an officer or employee of any agency, a Member of Congress, an
�officer or emptoyee of Congress, or an employee of a Memtier of Congress in cormection with this
/\qreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submft Standard
Fonn-LLL, Disclosure Forrn to Report Lobbying,° in accordahce with its instrucNons; (3) and that, as
applicable, the Subrecipient will require 4hat the language of this eertification be included in the award
documents for all subawards at all tiers(including sub-contracts, sub-grants, and contracts undergrants,
loans, snd cooperative agreemerrts) and 4hat all sulrrecipients shall certify and disclose accordingly:
This certificaGon is a material representafion 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 transaclion imposed by
section 1352, tiUe 31, U,S. Code.
A.8 CONFLICT.OF INTEREST
No officer o� employee of the Department; no member, officer, or employee of 4he Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in wh'ich the project is
undeftaken oY located; and no other official of the Sutirecipient who exercises any functions or
responsibilities wifh respect to 4he project during his or her tenure, shail have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, forwork to be
performed in connection with 4he project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLIGABLESTATUTES RULES AND DEPARTMENT POLICIES
THe Subrecipfent and all its contractors and subrecipients sfiall oomply with, and the Depertment is not
responsible for dete.rmining compliance with, any and all applicable federal, state, and local laws,
,
regulations, ezecutive orders, OMB Circulars;andlor policles. Tfiis obiigation includes,but isnot limited
ta nondiscriminadon laws and/or policies,Energy Policy and Conservation Act(PL 94163,as smended),
the Americans with Disabilities Act(ADA),Age DiscriminaUon Act of 1975,Tftie VI of the Ciyil Rights Act
of 1964, Civfl Rights Act of 1988, the Robert T. 3tafford Disaster Relief and Emergency Assistance Act,
DHS-FEMA-EMPGFFY 18 Pege 11 of 32 Auburn,Gity of,E17-141
(PL 93-288, as_amended), Ethics in PubliaService (RCW 42,52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Publ'ic Records Act (RCW 42.58), Prevailing Wages on Public Works (RCW
39.12),Stete Envfronmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
State Bupding Code (RCW 19:2�, Energy Related Building Standartls (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, regulaUon, ezecutive order,
OMB Circular or policy by the SubrecipieM, Rs contractors or subrecipients,the Department may rescind,
cancel, or terminate the Agreemerrt in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its conVactors and subrecipients,to
domply with applicabie laws, regulations,execu4ive orders, OMB Circulars or policies.
A.10 CONTRACTING &PROCUREMENT
a. The Subrecipierrt shall use a competitive procurement process in the procurement and eward of
any co.ntracts wfth contractors or sub-contractors that are entered intb untler the orlginal contra.ct
award. 7he procurement process followed shali be in accordance wRh 2 CFR Part 200.318
General procurement standards through 200.326 Contract Provisions.
As re:quired by Appendix II to 2 CFR Part 200,ail contracts enteFed fnto by the SubrecipienYunder
this Agreement must include the following provisions, as appiicable:
1) Contracts for more than the simpiified acquisition threshold currently set at$150,000, which is
the inflatlon adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acqulsition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
atldress admfn(strative, contraotual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penaltfes as appropriate.
2)All contracts in excess af$10,000 mustaddress termination forcause and for conyenience by
tHe non-Federal entity inctuding the manner by wtiich it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as othervvise provided under 41 CFR Patt, 60, ali
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 80-
1.3 must include the equal opportundy clause provided under 41 CFR BO-1.4(b), in accordance
wRh Ezecutive Order 11246,"Epuaf Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Ord.er
11246 Relating to Egual Employment Opportunity,°and implementing reguletions at 41 CfR part
60, "Office of Federal Contrad Compiiance Programs, Equal Employment Opportunity,
Department of Labor.�
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
IegfslaGon, all prime construction contracts in excess of$2,000 awarded by non-Federal entkies
must include a provtsion for complfance with the Devis-Bacon Act (40 U.S.C. 31413144, end
3146-3148) as supplemented by Department of Labor regula8ons (29 CFR PaR 5, "Lab.or
Standards Provisfons Applicable to Contracts Covering Federally Financed and Assisted
Constructfon"). In accordance with the statute, contractors must be requi�etl to pay wages to
laborers end mechaNcs at a rate not less than the prevailing wages spe�ed in e wage
determination made by fhe Secretary of Labor. In addition, contracto�s must be required to pay
wages not less then once a week. The non-Federal entiry must place e copy of the current
prevailing wage determina4ion 'issued by the Department of Labor in each solicitation. The
decfsion to award a contract or subconVact must be conditioned upon the ecceptance of the wage
determination. The non-Fe.deral enfity must report all suspected or reported violations to the
Federal awartling agency. The contracts must also include a provfsion for compliance with the
Copeland "Anti-Kickbaok° Act (40 U.S,C. 3145), as supplemented by Department. of Labor
regulations (29 CFR Part 3, "Contractors end Subcontractors on Public Building or Putilic Work
Financed in Whole or in Part by Loans or Grants(rom 4he United States'�.The Act provides that
each contractor or subrecipient must be pro.hibited from inducing, by any means, any person
employed fn the construotion, completion, or repair of publ(c work, to give up any part of the
compensation to which he or she is otheniVise entRletl. The non-Federel entity must report all
suspected or reported vioiaUons to the Federal awarding agency.
DHS-FEMA-EMPG-FFY 18 Page 12 of 32 Aubum,City of,Et7-141
5) Contrect Work Hours and SafetyStandards Act(40 U.S.G. 3701-3708). Where applicable, all
contrac,ts awarded by 4he non-Federal entify In excess of$100,000 that invoive the employment
of inechanics or laborers must inctude a provision for compliance with 40 U.S.C.3702 and 3704,
as supptemented by Department of Labor regulations (29 CFR Part�. Under 40 U.S.C. 3702 of
the Act, each coMractor mustbe 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 �rker 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.G. 3704 are applicable to construction work and provide that no laborer
or mecFianic must be required to work i� surroundings or under working conditions wtiich are
unsanitary, hazardous or dengerous.._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 Inyentions Made Under a Contract or Agreemen4. If the Federal award meets the
definition of "funding agreement" under.37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter fnto a contract with a small business firm or nonprafd organization regarding the
substitution of parties, assignment or perFormance of experimental, developmental, or research
work under that "funding agreement" the recipient or subrecipient mus4 comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Goverriment Grents, Contracts and Cooperefive Agreements;"and
any implementing regulations issued by the awarding agency.
7)Clean Air Act(42 U.S.C. 7407-7871qJ and the Federal Water Poliution Gontrol Act(33 U.S.C.
1251-1387), as amended—CoMracts and subgrants of amounts in excess of 5150,000 must
contain a provision that requires the non-Fetleral award to agree to compty wRh all applicable
' standards,orders or regulations issued pursuant to th_e Clean Air Act(42 U.S,C. 7401-7671q)and
the Federel Water Pbllution Control Act as ertiended (33 U.S.C. 1251-1387). Violafions must be
reported to the Federal awarding agency and the Regional Offic.e of;he Environmental Pro4ection
Agency(EPA).
8) Debarment and Suspension (Exedutive O�ders 12549 and 12689�A contract award (see 2
CFR 180:220) must not be made to parties Iisted on the government-wide exclusions in 4he
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 fhst
implement Executive Orders 12549 (3.CFR part 1986 Comp., p. T89) antl 12689 (3 CFR part
1889 Comp., p. 235), "Debarment and Suspension° SAM Exclusions c.ontains the names of
parties debarred, suspended, or othervvise exGuded bjr agencies, as well as parties declared
ineligible under stawtory or regulatory authority other than Executive O�der 12549.
9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352�Contractors that appry or bid for an award
exceeding $100,000 must file the requlred certiflcatfon. Each tier certifes to the tier abave that R
will not and has not used Federal apptoprlated funds to pay any person or organizatfon for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employ.ee of a member of Gongress in
connectfon with obtaining any Federal contract, grant or any other award covered by 31 U.S.G.
1352. Each tier must also disciose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosu�es are forwarded from tier to tier up
to the non-Federal award.
10) Procurement of recovered mate�ials –As required by 2 CFR 200.322, a non-Federal entity
thaf is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 8002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Sectfon 6002 include procuring oniy Rems deslgnated in
guidelines of the Environmental Protectlon Agency,(EPA) et 40 CFR part 247 that contain fhe
highes4 percentage of recovered materials practicable, consistent with maintaining a setisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of tfie
quantiry acpuired during the preceding fiscal year exceeded $10,000; prbcuring solid waste
management services in a manner that maximfzes energy and resource recovery; and
DHS-FEMA-EMPG-FFY 18 Page 13 of 32 Auburn,Ciry of,E17-141
establishing an affrmative procurement program for procurement of recovered mate.rials
identifed in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding age�cy requirements and re9ulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Sub[ecipient, the Federal awarding agency, the CompVolter
General of the United States, or any of thei� dury authorized representatives to any books,
documen4s, papers, and records of the contractor which are di�egtly pertinent to that specific
contracf for the purpose of making audit, examination, ezcerpts, and transcriptions.
14) Retention of all requf�ed records for siz years after the Subrecipierrt hes made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relatfng to en.ergy e,ffipiency which are contained in the
state energy conservation plan issued in compliance with the Energy Poiicy and Conservation
Act(Pub: L. 94-163, 89 Stat. 871).
b. The Department reserves the right to Yeyiewthe Subrecipient qrocurement plans and documents,
and require the Subrecipient to make cHanges tobring its plans and documents into compiiance
with the requirements of 2 CFR Part 200:318 through 200:326. The Subrecipient must ensu�e
that its procurement process requires cant�actors and subcon4racEors to provide adequate
documentation with sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements ente[ed into {iursuant to this Agreement shall incorporate this
Agreement by reference -
A:11 DISGLOSURE
The use or disciosure by any party of any information concerning the Departmen4 for any purpose not
dire.ctly connec4ed wfth the administration of the DepartmenYs or the Subrecipient's responsibilities with
respect to.services provided under this Agreement is prohibited except by prior written consent ofthe
Department or as required to comply with thestate Pu61ic Records Act, other law or court order.
A:12 .DISPUTES
'Except as otherwise provided in this Agreement, when a bona fide d,ispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
_. . .
resolution paneCto resolve the dispute. A request for a dispufe resolution board ghall be in writing, state
the disputed issues, state the relative posftions of the parties, and be sent to alf parties.The panel.shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute.. Each parfy shall bearthe cost for its panel member and its attomey fees and costs, and share
equ.ally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the beneft of the parties to the Agreement
and gives no right to any other party. No joint ve.ntu.re or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and fhe United States Govemment and tfieir
au4horized 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, iEs sub-conVactars, subreoipients,
assigns, agenfs, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connectfon with any act's or activities authorized by this Agreemerit.
To the extent aligwed by law, the Subrecipient furtheragrees to defend the Department and the State of
Washington and their authorized agents and employeesin any Iltigation; inciuding paymenf of any costs
or attorrieys' fees for any ciaims oraction commenced thereon arising out of or in connectio� with aets
or activitfes authorized by this Agreement.
DHS-FEMA-EMPG-FFY 18 Page 14 of 32 Auburn,City of,E17-141
This obligation shall not include such claims, costs, damages or ezpenses which may be caused by the
sole negligence of the Depertment;provided,that ff the claims or damages are caused by or resu@ from
the concurrentnegiigence of(1)the Department, and (2)tHe Sutirecipient, its agents,oremployees,this
indemn'ity provisfon shall be va�id and enforceable only to the extent of the negligence of the Subrecipient,
orSubrecipienf's agents or employees.
Insofar as fhe funding source, the Department of Homeland Secu�ity (DHS)/Federai Emergency
Management Agency(FEMA), is an agency of the Federal goyernment, the foliowing shall apply:
44 GFR 206.9 Non-liabilitv. The Federal govemment shatl not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or pertorm a discre4ionary func[ion or duty on the
part of a federal agency or an emptoyee of the Federal govemment in carrying ouf fhe provisionsof the
$tafford Act.
A:14 LIMITATIONOFAUTHORITY—AUTHORIZEDSIGNATURE
The signatories to this Agreement represent tfiaf tfiey fiav.e the authority to bind their respective
o,rganiza4ions to this Agreement. Only the Department's Authorized Signature representative and the
Authorized S,ignature representative of the Subrecipient or Alternate for the Su.brec'ipient, formaliy
designated in writing, shall have the express, implied, or appa�ent autt(ority to alter, amend, mod'ify, or
waive any clause or condifion of this Agreement. Any alteration, amendment, modification, orwaiverof
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both partie.s'Authorized Signature representatives.
Furthe�, only.thg Authodzed Signature representative or Alternate for the Subrecipient shall haye
signature authority to sign reimbursement requests, Urtie eztension requests, amendment and
mod�cation requests, reguests forchanges to projects or work plans, and other requests, certifca4ions
and documents au4horized by or required under this Agreement.
A.1b LO$S.ORREDUCTION OF FUNDING
1'n the event funtling from state, federal, or other sources is withdrawn, reduced, or limited.in any way
after tfie effective date of this Agreement and prior to normal completion or entl date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreemen4
as a"Termination for Cause"without providing the Subrecipient an opportunity to cure. Alternatiyely, the
parties may renegotiate th:e terms of this Agreement under"Amendments and Modifications"to comply
with new furtding limitations and conditlons, although the Department has no obligation 10 do so.
A.16 NONASSIGNABILITY
NeitHe�this Agreement, nor any claim arising under this Agreement, shall be trensfetred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient sfiall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race,creed,color, sex, sexuai orie�tation; �eligion,
national drigin, marital status, honorably discharged veteran or miiitary status, or disability (physical,
mental, or sensory) be denied the benefi4s of, or otherwise be subjected to disc�imination under any
project,program, or activity, funded, in whole or in part, under this Agreement
A.18 NOTICES
The Subrecipient shall comply with ali public notices or notfces to individuals required by apqlicabls local,
state and federal laws and regulations and shall maintain a record of this compiiance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHWGTON INDUSTRIA� SAFETY/ HEALTH ACT
(OSHA/WISHAI
The Subrecipient represents and wartants thaf its work piace does now or will meet all appligable.federal
and state safety and health regulations 4hat are in effact during the SubrecipienYs performance under 4his
Agreement.To tHe extent allowed bylaw,4he Subrecipfent further agrees to indemnify and hold harmle.ss
the Department and its employees and agents from all liabitity, damages and co§ts of any nature,
including but not Iimited to, costs o.f su.its and attomeys' fees assessed agalnst the Department, as a
result of the failu�e of the Subrecipient to so comply.
DHS-FEMA-EMPG-FFY 18 Page 15 oT 32 Aubum,City of, E17-141
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Departriment make§no claim to any capitsl faciliEies or real property Improved or consVucted with
funds under this Agreement, and by this subaward of funds does �ot and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibflities arising from the ownership and operation of the proJect and agrees to indemniry and hold
the bepartment, the state of Washington,and the Unfted States govemment hartnless from any and all
causes of action arising from the owne[ship and operation of the project
A.21 ROUTICAL ACTIVITY
No portion of the funds pravided herein shail be used for any partfsan political activity or to furtherfhe
eiection or defeat of any candidate for public office or influence the appro4al or defeat of any bailot fssue.
A.22 PROHIBITION AGAWST PAYMENT OF BONU$ OR COMMISSION
The assistance pio4ided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or eny other approval or
concurrence untler this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A23 PUBUCITY
The Subrecipient agrees to submR to 4he Department prior to issuance all atlyertising and public'ity
matters relating to this Agree.menYwherein 4he DepartmenYs name is mentioned or language used from
which the corinection of the Dep.artmenYs name may, in the DepartrrienYs judgmem, be inferred or
impiled. The Sutirecipient agrees n.ot to publish or use such advertfsing antl publicity m2tters without the
prior written consent of the DepartrneM.The Subrecipient may copyright original work it deyelops in fhe
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royaity-
free, nonexclusive, and iRevocable license to reproduce, publish or othervuise use, and to authorize
others to use the work for govemment purpose.s.
� Publicatlon resulting from work performed unde.r 4his Agreement shall include an acknowiedgemerrt.of
FEMA's financial support, 6y CFDA num6er, and a statement that the publication does not constituce an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTUREPROVISION
In the event the Subrecipient fails to expand funds under this Agreement in accordance with appiigabJe
federal, state, and local iaws, regulaUons, and/or 4he provislons of the Agreement, tHe Department
reservesthe right to recapture funds in an amount eguivalent to the extent of noncompliance. Such right
of recapture shall exist for the Iffe of the project follow(ng Agreement termination. Repayment by the
Subrecipient of funds under this recaptu[eprovision shall occur within 30 days of demarid. In the eyent
the Department is requfred to institute legal proceedings to enforce the recaQtu�e p�o4ision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecip'ient.
A.25 RECORDS
a. The Subrecipient agrees to maintain ail books, records, documents, recefpts, invoices and,all other
electronic or written records nece5sary to suffciantly and properly reflect the Subrecipie.nYs contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Agreement(the"records").
b. The SubrecipienYs reeords related to this Agreement and the proJects funded may be(nspected and
audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
designees, by the Cortiptroller Generai of the United States or its designees, or by otherstate or
federal officials authorized by law, for the pyrposes of determining compliance by the Subrecip'ient
with fhe terms of this Agreement and to determine the appropriate level of funding to be paid under
fhe Agreement.
c. The records shall be made availabie by the Subre,cipient for such inspection and audit,togetHer with
suitable space for such purpose, at ariy and ail times during 4he SubrecipienYs normal working day.
d. The Subrectpient shall retain and allow aceess 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
DHS-FEMA-EMPG-FFY 18 Page 18 of 32 Auburn,Ciry of, E17-141
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 WORKNI(ORK PLAN
While the Department undertakes to assist the Subrecipient witti tFie projecUstatement of work/work plan
(projecf)by providing Federel award funds pursuant to this Ag�eement,the project itselF remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to ttie Subrecipient, or
to any third party, other than as is expressly set out fn this Agreement. �
The responsibilityfor fhe design,devetopment,construction, implementation, operation antl maintenance
of the project, as 4hese phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility forany claim or suit of any nature by any third party related In any way to the project.
Prior to the start of any canstrucHon activity, the Subrecipient shail ensure that all,applfcabie Federal,
State, and loca)pemiits and clearances are obtained, including 6ut not limited to FEMA compliance with
_
the Nationel Environmental Policy Act, tha National Historic P�e§ervation Act, the Endangered Species
Act, and all otherenvironmental laws, regulations and executive orders.
The S.ub�ecipient shail defend, at its own cosf, any and all claims or sufts at law or in eguity,which may
be brought against the$ubrecipient 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 connect(on with any claim or lawsuit brought by any third party related to any des.ign,
development, construction, implementa4ion, operefion and/or maintenance of a project.
A.27 SEVERABILITY
If ariy court'of�ightfui jurisdiction holds any provision or condition under this Agreement or tts applicstion
to anyperson or citcumstances invalid,this invalidity does not affect other provisions,terms or conditions
of the Agreement, which can be given effectwithout the invalid proWsion. To this end, the terms and
condiUons of this Ag�eement ar.e declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS(includina all AMENDMENTS)
Non-federal enticies,as sub.recipients of a federal award,that expend$760,000 or more in one fiscal year
of federal fundsftom all sources, direct and indirect, are required to have a sfngle or a program-spepific
audit conducted in accordance with 2 CFR Part 200 Subpart F: Non-federal entities that spend less ttian
$7b0,000 a year in federal awards are exemqt irom 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 govemment, Indian tribe, institutfon of higher education, or non-profit organization that
cerries out a federal award as a recfpient or subrecipfent.
Subrecipients that are required to have an audit must ensure the audit is performed in accordence with
Generally Accepted Govemment Auditing Standards (GAGAS) as found in the Govemment Auditing
Stendards(the Revised Yellow Book)developed by fhe Unfted States Comptroller General and the OMB
Compliance Supplement. The Subrecipient;has the respons'ibiliry of notifyfng its auditor and [equesting
an audit in corripliance with 2 CFR Part 200 Subpart F,to include the Washington State Audito�'s Offiee,
a federal aud'Ror, or a public accountant periorming work using GAGAS, as appropriate. Costs of the
audit may be an ailowable grant exPenditure as authorized by 2 CFR PaR 200 Subpart F.
The Subrecipient shall maintain auditable records and accouMs so as to facilitate the eudit requirement
and sHall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for- any audit exceptlons incurted by its own organization ar that of its sub-
contractors. Responses to any unresolyed management findings and disallowed or questioned costs
shali be included wRh the audiY report. The Subrecipient must respond to Department requests for
information or corrective action conceming audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecfpient all disallowed costs
resulting from the aucJit.
After the single audit lias tieen oompleted, and if ft includes any audit findings, the Su6recipient must
send a fuli copy of the audit and its corrective action plan to the Department at the following address no
later than nine(9) months after the end of the SubrecipienYs fscal year(s):
DHS-FEMA-EMPG-FFY 16 Page 17 of 32 Auburn, Ciry of,Et7-141
Contracts Office
UVa@hington Mllitary Department •
Finance Dlvislon, Bulidfng#1 TA-20
Camp Murray,WA 98430-6032
if the Subrecipient ciaims it is exempt from the audit requiremeMs of 2 CFR Part 200 Subpart F, the
Subrecipient mus send a letter identifying this Agreement and expiaining the criteria for exemptlon no
later than nine (9) months after the end of the Sub?ecipienYs fiscal year(s)to 4he address listed above.
The Department retains the sole discretion to determine wFiether a valid claim for an exemption from the
audit requirements of this provision has been esta6tished.
The Subrecipient shall include the abode audit requirements In any subawards:•
Conducting a single or program-speciflc audit in complience wfth 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. in the ebsence of a Valid claim of exemption from the audib requiremente
of 2 CFR Part 200 Subpart F,the SubrecipienY§failure to comply w'ith,said audit requirements may result
in one or more of the following actions in the�epartmenYs sole discretion:a percentage of federal awards
-
being wifhheld until the audit is completed in accordance wfth 2 CFR Part 200 Subpart F;the wRhholding
or disailowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents perforrtiing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient wiil not be presented as, norclaim to
be, an officeror employee of the Department by reason of thi§Agreement,nor will the Subrecipient make
any ciaim, demand, orappiication to or for any right or priVilege applicabl.e to an officer or empioyee of
the Department.or of 4he State of Washington by reason of this Agreement, including, bu4 not limfted to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefRs,
retiremenYmembership or credit, or privilege or benefit whfch would accrue to a civil servfce employee
under Chapter 41.08 RCW.
It is understood 4hat if the Subrecipient is another state department, state agency, state university, state
college, state communitycollege, state board,or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement:
A.30 TAXES. FEES AND UGENSES
Unless othenyise provided in this Agreement,the Subrecipient shaqb_e responsible for;pay and maintain
in current status all taxes, unemployment contribuGons,fees, licenses, assessments, pertnit charges and
ezpenses oi any o4her kind for the Subrecipient or Rs staff required 6y statute or regulatlon thaf are
applicable to Agreement performance.
A.31 TERMINATION FOR GONVENIENCE
Notwithstanding any provisions of this Agreement, the Sutirecipient may tertninate fhis Agreement by
providing written notice of such termination to the Department Key Personnel ident�ed in the Agreement,
specifying the effective date thereof, at least thirty(30) days prior to such date.
Exeept as otherwise provided in this Agreement, tfie Department, in its sole discretion and in the best
interests of the State of Washington, rriay terminate this AgreemenYin whole or in part by pro4iding ten
(10j calendar days written notice, beginning on the second dayeftermailing to the Subrecipient. Upon
notice of tertninetlon for convenience, the Department reserves 4he right to suspend ell or part of the
Agreement, withhold further payments, or ptohibR the Subrecipient from incurring addfttonai obligations
of funds. In the event of termination, the Subrecipient shali be liabie for all damages as authorized by
iaw. The rights and remedies of the Department pro4ided for in this se.cfion shall not be exclusive and
are in addition to any other rights and remedies provided !iy law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In tfie event the Department, in fts sole discretion, determines the Subrecipient has failed to fu�il in a
timely and proper manner fts obligations under thfs Agreement, is in an unsou�d financial cond'Rion so
as to endanger performance he.reunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of fhe Agreement, or has violated eny of the covenants,
DHS-FEMA-EMPG-FFY 18 Page 18 of 32 Aubum,Clty of,E17-{41
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 antl provide
a period of time in which to cure. The Department is not required to allow the Subrecipie�t an opportunity
to cure 'rf ft is not feasible as determined solely within the OepartmenYs discretion. Any time allowed for
cure shall not diminish or eliminate the SubreciplenYs liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows ttie Sutirecipient an opportunity to cure,
the Department shall notify the Subrecipient in wrfting of the need to take corcective aqtio�. If the
corrective acfion is not taken within ten (10)calendar days or as otherJvise spe�ed by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement mey be
term(nated in whole or in part.
The Department reserves the right to suspend all or part of theAgreement,withhoid further payments,
or prohibft 4he Subrecipient from incurring additional obligations of funds during inliestigation of fhe
alleged comptiance breach, pending corrective action by the Subrecipient, if allowed, br pending a
decision by the Department to tertninate the Agreement in whole or in part.
In 4he event of termination,the Subrecipient shall be Ilable for all damagesas authorized by law,lncluding
but.not limited to, any cost difference between the original Agreerrment and the repiacement or cover
Agreement and ail administrative costs directly related to the replacement Agreement, e.g., cost of
administer(ng fhe competitive solicitation process, maiiing, advertising and other agsociated staff time:
The righta and remedfes of the Department provided for fn this section shall not be exclusive and are fi
addition to any other rights and remediesprovided by law.
If it is determined that the SubrecipienY. (1)was not in default or material 6reach, or(2)failu�e to perfoqn
was outside of the Subrecipien4's control;fault or negligence, the termination shall be deemed to be a
"Termination for ConveNence".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient sliall follow any procedures specified in the terminaUon noUce. Upon termination of this
Agreement and in additlon to any other rights provided in this Agreement, the Department may requfre
the Subrecipient to deliyerto fhe Department any property specificaily produced or acquire.d for the
pertormance of su.ch part of this Agreement as has been terminated.
If the fermination is for convenience, the Department shall pay to the Subrecipient as;an agteed upon
pcica, ff s.eparate)y stated, for properly authorfzed and completed work and services rendere.d or goods
deli4ered to and accepted by the Department prior to the effective date of Agreerrient termination, the
amount agreed upon by the $ubrecipient and the Department for Q) completed work and serdices and/or
equipment or supplfes provided for which no separate price is stated, (ii) partiatiy completeii wo�k and
serdices and/or equipment or supplies provided which are accepted by the Department (iii) otHer work,
services end/or equipment or supplies which are accepted by the Department, and(iv)the protection and
preservat{on of property.
Fallure to agree with such amounts shall be a dispute within the meaning of the"Disputes"clause of fhis
Agreement. If the tertnination is for cause, the Department shall determine the extent of the liability of
tfie Department. The Department shall have no other obligaUon to the8uticecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law:
After receipt o.f a notice of termination, and except as othenvise directed by the Department in wri;ing,
the Subrecipient shall:
a. Sfop work under the Agreement on the date, and to the extent speciFled, in tHe notice;
b. Place no further orders or contracts Tor materlals, services, supplies, equipment andlor facilities in
relation to this Agreement except as may be necessary for compledon of such portion of the work
under the Agreement as is not terminated;
DHS-FEMA-EMP6-FFY 16 Pege 19 of 32 Aubum, Ciry of,E17-141
c. Assign to the Departrnent, fn 4he manner, at the times, and to the extent dlrected by the Department,
all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated,
imwhich case fhe DepaRment has the right, at its discretion, to settle or pay any or all claims arising
out of 4he termination of such orders and contraccs;
d. Settle all outstanding IlabilRies and all claims arising out of such termi�ation of orders and contracts,
with the approval or rat�caUon of the Department to the extent the Department may require, which
approval or ratfication shall be finai for all the purposes of this Gause;
e. Transfer title to the Department and deliver in the manner, at the times, and to.the extent d.irected by
#he Department any property which, if the Agreerrient had been completetl,wo.uld have been required
to be fumished to the Department;
f. Complete performance of such part of the work as sHalt not haVe been terminated by 4he Department
in compliance with all contractual requirements;and
g, Take such action as may be necessary, or as the Department may require, for the protectfon and
preservation of the property related to this Agreement which is in the posse.ssion of the Subrecipient
and in which the Department has or may acquire an interest.
q:34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERFRISES-(MWBEI �
The Subrecipient Is encoureged to utilize tiusiness firms tRat are ceRified as minority-owned and/or
women-owned in carryfng out the purposes of this Agreement. The Subrecipient may set u4ilization
standards, based upon local conditions or may util'¢e the state of Washington MWBE goals, as fdent�ed
in 1NAC 326-30-041.
,4.35 VENUE
This Agreement shall be construed and enforced in accociiance with, and the validiry and performance
shall be,governed by,the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the SuperiorCourt of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the ju�isdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of thfs Agreement can be waiVed unless approved in adyance by the
Department in wri4ing. The DepartmenYs failure to insist upon strict performance of any provision of the
Agreement or fo exercise any right based upon a breach tFiereof, or the acceptance of anyperformance
during such breach, shall not constitute a waiver of any right under this Agreement,
DHS-FEMA-EMPG-FFY 16 Page 20 of 32 Aubum,Ciry of, E17-141
Exhibit C
76EMPG WORK PLAN
-- __^,SEme en.Men emmCO��nlmtion:CltyofAubum' �
Thg purpo5e Of EMPG Is t0 asslst wlth ffiE 2nheneEmeM,sastainmentand tmprwement of rtate,IOCeI,and Crlbal emergency management
prograins.Ac[Ntties canducted using EMPG funding should relate directty to the flue elements of eme:rgency rriaoagement:preventlan,
protecticn,respanse,reeovery,and mttigatlon. 1Nashington State does not reqWre a spedflc ntimtier of ac[Ivitles to recelve EMDG
funding..However,there are required wpabiqttes that must be coeducted In order to�remeln eligible for EMPG fundfng,Induding buC not
Ilmhed to[he ablliry to communicaieand wam,educate the public,train and ezerdse,plan,and be NIMS rnmpllanL The Work Plan
delineates the Emergenq Management OrgBnization's emergency management program planning and prlority Toas for thls grant qcle
(to include 16EMPG grant anillocal fu�ndz).
�___-�-..�_�_—_Y___�. .._-_ _ .. __._____.: —�-T...._._ .__..._ _. . _ __ _ _
�Puro[ramAi,ee'p1'_., e' .,.�__-.-. � .._ . �9
Treirifna. __
WORNVLANNED - I WHY7HEWORKKBEINGDONE RESUITOFTHEWORK
1 usme data from Casradla RBlny Euerclse,proNde� Improve processes and close`aos thet were �Staff deslanated M work In the EOC wtll be
traininL for 95 ctty sLff W work In EOC. �Idmtlfled duNn/tAe t016 Cauedie PIsIn{ Orcps2d to opente.wlthin the EOC.New
Fj��se, �members wlll 6e added to the awilabte oaol o(
I � tralnedst6ff,a11owlnatheEOttooperbtekr
mOre than one operntlonal Derlod.
2�Nde h�esk trhinlnQ for newN desiBnateE EOL Du�e to attrltion,we will heve zeveral new New memberd wlll heve the basic knowledge and
({ �members amon`our EOC desi6^ated sfeR ebil@les to work In Ne EOC. —.I
members. , ,��
3 PreWde tralnine fw key depardnent penonnN on Our COOP Dlain heye recmtly been updated and IDepsrCments will be able to opente aker�n
(�pp0 ImplemeMed- staR need tc be tmtned. I Inodent or event has ImpaRed the dty's abllity tol
�orovide essentlal xrvices.
0 7rovide ad4ariceH tralnln4 for EAC staff Many af wr EOC desl�eted shfl memben ere SmH wlll he able mae�oinWRable In Mtlr
. e�erien�ed;howeverMep would benefft from rcs0�se rolea�nd be ebkto opente et a hqh
moreadwncedtnlN�rcaardlnathNrseetWn '�evelofo�cflcle�rcpd"urin8anactWatbn.
Idutks and new tiackln¢sokwere.
��Vroyrem`N'eei fn-'""-- .r-'_—' -'_ . . . _ ._.� . . —. . - 1
EOC UpCradn
WORN PIANNED � WHYTHE WORK IS BEIN6 DONE �RESULT OF TXE WORK
1 VYohwlth aty's IT de0artrnenf to install end T2inInQ ls needed on new EOCsokwarcthaC4 I EOC staff�wltl be�eble tb ldentlfy whlch rclources
implemeM new resoarce trecklna softwere for bNn8lmD�emmted for resource trackln`, have Eem reQueshd and determine wherc�they
thrEOt.Th8 will alsb Indude slhntlonsl situattonal ewarmeu,etc are hNna used,farhow lon�,anA the costs
wareneizupabllltlesandrequtretralninefor � aswdateJ.
nty ztaff.
----_ _.-..�
2 pevelep e tialnln[Pi`o�ram to educfite ctty staff To ensurc aD7roprfate ciry personnel can We will Improve.cir8b111ty to obtaln and
__.. ._. . _ _ . .
on capa6llRles end fr�tures of new.EOC soilwue. properh/use the aoftwere durin{en EOC malnteln slhallonel awarcness�nd twck
TarL<tedeudlmce'wtllln�lude`ener6l�Itysnff aRlvatlon resourcerequests.
(vihoreport to the EOC}and EOCdeslgiuted steHf
wlth spe�c sectiun fo�us whb would usa Me
_-' '-. .. ._. . ..
softwve as a Dart of Melr EOC role.
�_.. . ._.—__—'. .. ..
_._.
...-..--; ,T' _"._'- .__.,- _ -. " "._____-.,.__,f. __ .�-•-7
�Wo[n_`mAres�tt3� ,._.�... .. .. � _ . . --�.�...�.—__ .. `.._.�..L �. � . .
.Pieparedness�TraiNn� � � ' � --- �
�-WORKPIANNED . WNYTNEWORKISBEING�ONE �RESULTOFTNEWORK
. .. __ .. .. ..
1 Continue to bwld community D�SDeredness �Tc tietter prepere the communlN to wlthstend e The resukwill be morc tralned cldiens and e
proQremlip;iecrultlnQ�parUcipantr,adveNsin[ Ima�oremeraenqandtomeetcommuniey moren�nient communityrendykrdl;aster
and eeachtna desses,end providGQ needed �demend kr 8ai"ses. resoonsr.Treined resldenp wtll be able to Aelo�
supplleS fur the.pro`Rm.At leest 3 CER7 desses flrst responders,nel�hbors;bnd die community ,
w(II be co�ducted,morc If repuest[d. reeR,to an emer{eney-
—..r.._____._w__._`____.�..L.__..___._—.__---_,_...._....__....... �_.—...-- '—
DHS-FEMA-EMPG-fFY 16 Page 21 of 32 Auburn,Clty of, E17-141
!Propem�Aieep4.� _�-�--__ .______ __ _- _ . ____ .. . _ ,"�
Publl[EduYetion. - -- .
WORNPUINNED��- WHYTHEWORNISElINOOONE ;flFSULTOFTMEWORK ��
_ _ ,
1 ProvidetlieD�biicwlMfn(orriietionreLardin{ ihe.�IryhcesmenyneWmiand�man-made IThepubltcarcmorqawareand,railienttqffie
lawl haz6rdt;persond and femily preparedness, heurds which IndWtduals are not ewarc of end haraids dnd less reliant on cily servides and.
and baslc miH(ation ectFrities. are not preDdred for. tesponse.
-ProWde 7,500 peop�e.v+lth�disartet
prep8redness Informatlon at community evenk�. �
-Conductforrnal dls6stei preDarednesd I
predent6tfons to SW p�ovle. , I
DHS-FENW-EMPG-FFY 16 Page 22 of 32 Aubum,City of,E17-141
Exhibft D
TIMELINE
FFY 2016 Emergency Management Performance Grant Program
DATE TASK
June 1,2016 Grant Agreement Start Date
January 30, 2017 Submit.reimbursement request
April 30, 2017 Submit reimbursement request
August 31, 2077 Grant Agreement End Date
October 15, 2017 SubmR final reimbursement request; additional reports, and/or
deliverables.
DHS-FEMA-EMPGFFY 16 Page 23 of 32 Aubum,Clry:of,E17-141
Exhibit E
BUDGET
FFY`2016 Emergency Management Performance Grairt Program_
16EMPG AWARD $ 43,315•00
SOLUTION
AREA. CATEGORY EMPGAMOUNT MATLH AMOUNT
"" Salaries & Benefits" _ 'S` ' .. _:_:�35;642`' ''.5 ,.....91150`.
Z Overtime/Backfill $ : _ _S �
Z ConsulWnu/Contraitors 5 -: � $ _
Z Goods &Servlces :S'�. � __ '$.:
- -
. __
g Travel Per Diem � - $-�._.�� � �-$ '
- ..�: c
d� ---- � ... .. .. _ . _. .
_ _ Subtotal 5 35,642 ', $ _ 91,150_
_ --
Z Salaries&Beneflts - - �_ . _S- _ _ 5 -.-
_. .
__.
� Overtfine/Backfill $' - 5 "--
--
S, Consulfanfs ContFacfors $ ' S - ---
— �
Z Goods�&Services $ 7,673'^ ` $ .. __
-:. .. . . . - -- ,:. ..�
�;. Travel/RerDiem . $ - � ..?� .....--- '.--. .
O _ Su6total $ _ _-._76Z3_ .5__ -
Salar�es&.Beneflts_ S . --. �S_.� , ,
- - _. _ _.. .� ��..� -'
w Overtlme/BacRfill:. S -5
� Consultants/CoMractors 5 -$ ` ,
W Goods_&SerVices S' -,: - -5v-- -
_. _ .�... �,
�, Travel/P.ec.Diem $ - - --- "s-.-- -
__ . .
Subtotal 5---- - .- - 5 '
. ---- - -
b5la�ies &'Benefits $ -- =--- $ - - -
t9 .AveYdme/Backflll $ -i-- .:- ;-$
'Z Consultants/Contractors 5 ---- ��-- $ "
z _ ._ . _,__ .
- .Goods.&Services $�- � - -� � -$' � - "
� ?ravel/Per Diem .$�..% --- , ,.�. = � ��-$' �- � - ..
Subtotal S - $ ___.__ - .
, _ _ _.
a ui ment _ 5 . = " S ,
_ __
_ _.__.
d . . ...Subtotal �s .$ --� -
. .. . ._ . __ ._ . � . __...,- ..>. ..
Salaries& Benefits - � -'5_ - S
_.._ �.._,
__ _ _. _ . _ .. .. . , . _,
Overtime Backflll-: -" :5, - -: -. . -. -,..-
_ _ _ _. . .
a Gonsultanu%Contractors S - 5 '--
� Goods &Ser.vices S ^ -$
. .
Travel%Pe[Dlem .. . . .... .. ...'- -�. -$'.- `
. Suhtota l_$_.....--_ - $ -
_.�.. ___ : ��. � _:.
_ : Indirect -- 0%.:5 - _ -- - -$: �.�..
_ _. . __._
_. _ _..
TOTAL Grant reement AMOUN7: _$ 43 315 $ _ 91;150
. The Subrecipient will provide a match of 543,315;50%of 4he total project eost(IocalftPihal budget plus EMPG award),
of non-federal origin.
. Cumulative transfers to budget categor(es in excess of 10°h of the graM agreement amount wili not be reimbursed
without prior written authorization from the Department,
Funding Source: U.S. DepaRment of Hameland Security-PI#763PT-EMPG
DHS-FEMA-EMPG-FFY 16 Page?A of 32 Auqurn,Clry of,E17-141
Attachment#1
16EMPG Award Document
EMS-2016-EP•00002-S01
rAvsrd= 'tler � -� - ... . - - - -• � -- -- -� ---- � , - . -'-_ .--- -- ' � --- � - -- •
U.S. Department oi Homeland Security .
Wsshirx�ton, D.C:20472
Bret,Daugfierty
Washington MiliWry Department
�Bulldirtg 2(1
Camp Murray,WA 98430•5122
Re:Grard No.EMS-2016-EP-00002
Dear Bret�augherty:
Gonpratulatloris,ombehalf of the Depertment of Homeland Secu�ity,your applicatlon for financial assistance submitted under
the Fiscal Year(hYj 2016 Emergency Management PeAormance GraMs has been a�roYed in the emount of$7,254,374.00.
As a condition o}this award,�you are required to oontribute a cost,match in the amount of 57,254,374.00 oCnornFeda21 Nnds,
or 50 percent of tha total apprwed proJect costs of 514;508,748.00.
Before you request antl receive any of the Federal funds awarded to you,youmust establish accepfance of the award. By
accepting this awertl,you acknowledge that the terms of the following documerrts are inborporatedlMo the terms of your
awa�d:
, Agreement Articles(atteched to this Award Le�Y)
• Obligating Document(attached to this Award LeBer)
• FY 2016:.Emergency Management PeRormance GraMsNotioe of Funding Oppodunity.
Please.meke�sure you read, understand,and maintein a.copy of these docuriients in your official fle for this award.
In order to establish acqeptance of the award end Its terma, please folfow these insWctlons:
Step 1:Please log in to the ND Grants system at MJps:!/portal,fema.gov.
Step 2:ARer Iogging in,you will see the Home page with a Pending Tasks menu.Ciick on the Pending Tasks menu,select fhe
Application submenu,end then cllck the link for"Award Offer Review"tasks.This link will navi�te you to Award Packages
tliat are pending revlew:
Step�3:Click the Review Awartl Package Icon(wrench)to�review the Award Pacimge antl accept or decline the award.Please
save or priM the Awerd Peclmge for your records.
System for Award PAanagemerd(SAM):Grant reciplents are to keep sil of their irAormation up ro tlate in SAM, tn partiwlar,
your organlzetloda name,atltlress,DUNS numbe�,EIN and banking informatiort Please ensure that the�UNS numtieF used
in SAM is the same one used to appy for ell FEMA awartls.Future p@yineMs�will be�condnger�t on the irAormation provided
in the SAM;therefore,ij is imperative.that the information is cortect.The System for Award ManagemeM ig located at b(�Q;/(
www.sam.aov.
If you have any.questiorre or have updated your infortnation in SAM,please let your Grards Managemerd Speclalist(GMS)
know;as eoon as possible.This will help use.to make.the necessary updates�and avoid ary Irderruptions In Me peyment
process.
CHRISTINE JONIENTZ TRISIER
DHS-FEMA-EMPGFFY 18 Page 25 af 32 Aubum,Ciry of,E17141
eement Artie ea .-_ ...,,. -.._ _--.-. . . .. .. . .. ._ .�-:.-�'� .
_
e�_ ��..._...._.�_ . .� . ,; .., .�....�_.�. ..._.. -�>._._.___�..._.......__._..... L. •.. . _. ....:.v.._.. .< . :..._�w_s_.. ._:...:�
a7hu DT D0: :00 GMT 2015 �
I �
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1 I
, �
� U.S..Department of Homeland Security
Washingtan, D.C. 20472
� I AGREEMENT�ARTICLE$
� Emergency Maoagament Pertormenae Grants �i
� GRANTEE: Washington Milftary Department (
� PROORAM: Emergency Managemant Performance i
Grants !
� AGREEMENT NUMBER: EMS-2016-EP-OOOD2S01 �
� i TABLE OF CONTENTS �
�
�� Article I Use of DHS Seal, Logo and Flags �
'� ArtldeJl � USAPatriojActof2001 +
�
Article III Univarsal Idenfifier and System of Award Management '
(SAM) �
'; Article IV Reporting of Matters Related to Redpient�lntegrity and f
Pertormance ;
�
j Articla V Rehabilitation Act of 1973 �
:. Article VI TraKcld_ng Victims Protection Act of 2000 i
i Article Vll Terrorist Fironcing �
iArticle VIII SAFECOM �
k Article IX Reporting Subawards and Executive Comperisation {
# Adicle X Procurementof Reco4ered Materials �
��i ArticleXl PateMs and IMellectual Property�Righis �
Article XII Notice of Funding Opportunity Requirements �I
�� ArticleXlll Non-supplanting Requirement I
1 . Lob in Prohibitions � i
Article XIV �' 9 i
i Article XV Limited English Prohciency(Civil Rights Act of 1964,Title VI)�
i ArtIcIeXVI Hatel and Motei Fire Safety Act of'1990
! �
i Article�XVli FlyAmericaActof1974 �
+� Adide XVIII � Best Prectices for Collection and Use of Personally j ..
p� Ider�ifiable.lnformation(PII)
iArticle XIX Ameriqns with Disadlities Act of 1990 �
? ARide XX Age Disqriminatlon Act of 1975 �
DHS-FEMA-EMPG-FFY 18 Page 26 of 32 Aubum,City of, E17-141
I� Article XXI Activities Contlucted Abroad i
Article XXII AckriowiedgmeM o�Federel Furdirg from DHS
j Article XXIII Federa��eadership on Reducing Tex[Messaging while �
Driving
j Article XXIV . Federal Debt Status :
IArticie XXV Fe15e Claims Act and Progrem Fraud CNfI Remedles �
; Article XXVI Energy Policy and Conservatfon Act
� Article XXVII Educatton Amendments ot 1972(Equal Opportunity in �
� � - � Education Aot)-Titie IX
�� Article XXVIII Duplication of BeneFRs �
i
� Article XXIX D�ug-Free Workplace RegulaGons
i
; Article XXX Debarment and Suspension
I
'���.. Article XXXI Copyright �
�, Article XXXII Givll Righfs Ad oF 1968 �
� Article XXXI II Civil Rights Act of 1964-Title VI
' Article XXXIV DHS SpedBc Acknawledgements and Assurancea
I
% ARicle XXXV Assuiances, Adminishative RequiremeMs,Cost Pnnciples, �!
arM'Audit Requirements 1
�
Adicla XXXVI Whistleblower Rotection Act ;
! Article XXXViI National ErrvironmeMal Policy Ad i
� I
�I Article XXXVIII Nontl_iscrimination in Matters Partaining to Faith-based �
Organizations �
�Article 1-Use ot DHS Seal,Logo and Flags
IAII recipients must obtain permission trom their finandal assistarce offlce, prior to using the DH&seal(s), logos,crests or
�reproductlor�c of flags or Ifkenesses of.DHS agency officlals,including use�of the.United States Coast�Guard�seal, logo, crests
or reproductions of flags or Ilkenesses of Coast Guard�Gals.
�Article II•USA Patrlot Ad of 20Q1 I
1 �
'All�ecipients must cemply wlth requirements of the Urdfino arxi�enathenina Am�c-�by Provfdlnq Aoo iate Toofs
'gg�uired to Intercenf and Obstr��t Tenaism Act(U3A PATRIOT Aotl,wfiich amends�8U S�G sectionst75-tt5c �
}Article III-Universel Identifler and System of Award Menageinent(SAIVQ i
,
'All�recipients ere requireC W comply with the reqWremeMs set.forth in fhe goyernment-wide Award Term regerding the System�
;for Award.Management antl Universal Identifler RequiremeMs located at�G F R Pad-�25 Ang ne dix A,the tull text.aEwhich is
jincoTporated here by reFerence in the terms and cond'Rions of your awzrd.
�Article IV�-Repoding of Metters�Related to Reclpient Integrity end Perforrcro.nee '
}If the total value of your curreMly active grants,caoperative agreemeMs,and procurement contracts from all Federal �
assistance ottice exceeds 510,000,000 for arn/,pedod of tlme duringdhe perioii of pedormence of thlsFede21 award,you
must.comply wlth the requlremen(s set forth In the govemmenFwlde Award Term and Condition for Reoipient IMegrity�and
PeKormance Matters located at��F R Pert 200 Aocendix XI I�the full text of which is Incorporeted here�Ey reference In the �
,terms and condiUons of your awa�tl. i
Article V-Rehabilketlon A�t of 1873 i
DHS-FEMA-EMPG-FFY 76 Page 27 of 32 Autium,Clry of, E17-141
'Alh reciplents must comply with the requlremants oT Sectlon 5D4 ot the Rehabilitatlon Act o11973,24 U.S.a section 794.as �
amended,which.provides that rio otFiern.ise quelifed hendicapped intlividual in the United States will,solely tiy reasori of the �
'handicap,be excluded hom participatlon in,be denfed the beneflts of,or be subjected to discnmination uniier any program or �
�acWiry�receiving Federal finandal assistance. �
'Article VI•Trafffeking Vicfims Protecdon Aet oi 2000 ;
�All recipients must comply with the requiremeMs�W 4he government-wide award terrn which im ements Section 106(g)oi the �
�TraHkWrg Vicfims ProtecNon Act o12000, (NPA)��es�amended(22 U S C. section 7104I.The a�wdrd term is�located at y�F�!
seation 175.15.the full text of whlch is incorpotated�here by reference ln the terms and ocnNtions of your award. .�
i
- �Ardcle VII•Terrorist Finendng
�All recipier�ts must compy with E.O.-i3224 and U.S. law that prohiblt treYisactions with,�and the provislons of resources
�and suppoR to,Individuats and o�ganlzations assxiated wfth terrorism. It is the legal responsibillty of recipier¢sto�ensure
icompliance with the Order ard laws.
�Article VIII-SAFECOM i
i
�All recipierrts who receive awartls mede unde�programs that provide emergency communiption eqWpment aod itsrelated �
'acti4ities must compty with the 3AFEGOM Guidance tor Emergency CammuMcation Grenls, inclutling provisiorw on technipl �
�sWndartls�that�ensure and enhanoelrrterope2ble communicadons. �
i . . . .. . . . ._
,
'Article IX•Reporting Su6awards and Execudve Compensation I
�All recipients are_required to comply with the requirements set forth in the government-wide Award 7ertn on Reporting �
,Subawards�and Executive Compensation lacated et�r F R. Part 170� A�(}endx.A,fhe full tent of which is incorpore.ted here ��.
;by refere:nge in the terms and conditiona of your award. ,
!Article X-Procurement of Recovered Materlaia �
�All reciplents must comply wfth Sectian�6002 of.the�S:lid-Woste Dis�l Aqt as emended by the.R�ource Corrservatian and�
�Recoverv-Act.The repuiremenb of Secdon 6002 include pmcuMng only Items designated in guidelines of tFie Environmentel �
Proteotion Agency(EPA)at 40 C.F R Part 247 that coMain the highest percentage of recovered materials precticable, {
consistern wlth meimainirg s satlsfactory ledel ot competitlon. �
�ARicle XI•Patents and Intellectual Property�Rights (
yUnless othenvise�prodided by law, recipienta are subject fo the�,;,yh-Dole Ac[ Pub L No �96-517 as amended,and cod'fiied
In'� �� • s tion 20D et seq.Ail reclpients are sutiJect ro the speclfic requiremerits gweming�the developrtient, reportirg,
end dis`positian of�ngMs ta irnentfons entl patents reaulting from flnanciel assistance swa�ds lobated at 37 C.F R Part 401 and�
the standard patent rigMs clause located at 37 C.F.R.@ectlon 401.14. f
Article Xil•Notice of Funding Opportunity Requlrements 4 "
'AII of Ihe Ifistruc[iorre, guidence, limitatiorre,and other Gonditlons sat forth in the Notice oi�Funding Opportunity(NOFO)tor this�
iprogram are incorpomted here by referenee in the terms and conditione ot your eward. All recipierds must comply wi(h any �
�such requvemen[s aet foRh in the program NOFO. {
lArtlele%111-Non3upplanting Requirement
�All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Fetleral funds do '
�rmt replace(supplanq funds that have been budgetetl for the same purpose through non-Federel sourc�s. �
�Article XN-Lobbying Prohlbitlons �
i
'All recipients must comply with��-U SC �ctlon�352.which.provides that none of the funds provided urWer an award riiay j
,be expende0 by the reapieM(opay.arry person to inFluence,or attempt to infiuence'an officer or employee of ary agency,a i
Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connectlon with arry �
i
Fede21 action coricerning the award or renewaL �
�Article XV-Llmited Engllsh Proflciency(Clvll Rights Act of 1984,Title VI) ,
DHS-FEMA-EMPGFFY 16 Pege 28 of 32 Aubum,Ciry of,Et1-141
'All reclpleMs mud comph/with tha.Tdls VI oF the Civll Rlghts Acl o/9964 Qttle�Vp prohfGtlon agalnst discrlminaGon on
�the basic ot rrationel origin,.which requires ttiet recipieMs oF federai firmncial assisWnce take reasonable steps to prwide �
�meaningtul aceess to persons with Ilmited Engllsh proflcler�ey(lE�fo their programs and servlcea. For additional assistance�
�and infortnatlon regarding language accesa otiligations, please refer ta the OHS Recipient Guidance httos:/lwww.dhs.aovl
�ay idan,.-a-oub�ished-helo-.".eoedment-su000rtedarg�nizstionaorovide-meaniriaful-=ce�ssoeoole-Ifmited and'additlonal
.__.__ _T.._ _ .. .._. . .
�asources on p(�Q11www'leo:aav.
1ArUcle 7(VI�-:Hotel and Nbtel Fire Safety Ad of 1890 �
�In accordance wkh Section 6 of�the Hofa4am'Motef�.Frre.Ss/�efyActW 9990,��s'��� . •_seotion 2225e. all reciplerris must �
,ensure that all coriferer�ce,meetirg,carnentlon,or training.space�funded��in whole or in part�wkh Federal funds compiies with, I
3he fre prevention arM control guidelines o(tl�Federal Fire Reveri8on and CoMrol Act W 1974,as amendad,�„Q,�,. i
'section n25.
I
'pr4icie XVII-Fly Amerlca Act of 1974 I
i
i
All tecipients must compry with Preference tor U.S.Flag Air Carriere:(air cartiers holding certiflcates unde,r 49.U_S.C. �
'section411021 fw irderrrational air trensportation af people arnf property to the eMent that such service is eveilable, in
eccordanoe with the lntemational Air�Transportadon Fair Compelltive Practices,Act d 1974(aQ U S�C section 40118)and
�the interpreta6ve guidetines issued tiy the�Comptroller General of the United States in the March 31,19B1,amendmerd to �
'Gomptrollar General Decision&138942.
IArdole`7MII•BestPractices(or Colkdlon and Use�of Parsonally Identlfiable Information'(PII)
,DHS deBnes peraonaly IdeMrfiable informatlon(PII)ae any InfortnaGon that permfts the ideMity of an individual to be dfreotly '�
;or Iridirectly ir�ferrecl,Includirig any information that is Ilnked or Iinlable to thatJndNidual.A11 recipieMs who collect PII are
'requlred m have a publically-available prWaay policy tliat describe@ stzrniards on the usage and maintenance of PII they �
;collect.Award rectpients rtiay also find asa uselul resource the DH$Privacy Impect Assessmerds: P�G�ddanoe and
p�temolate respectively. `
�
�Artfde XIX•Amerkans wkh DlsabiiRies Aet of 1980 (
� ;
�All recipients must corripy with the requiremenls�at Tftles I, II,end III of the Amerrcarts wilb Disabifi8es Acf,which prohidts �
�reclpieMs from�discrimirca6ng on 4he basis of disabillty in the operaqon of public eMitiea, public and private l2nsportation i ,
;systems,places of piibllc accortimodation,and certein testing enMies.(4���- tions 12101 12213). �
�Article XX•Age DiscriminaUon Actof 1876 �
�All reclpients mus[compty witKthe requirements of the Aga DiscdminaGon Acto119751TR1e 42U 9 Code.section 6101 et
'�,j,whlch prohldts discriminatfon on the basis of ege In arry progrem or activiry receNing Federel financial assiaterae
�Article XXI-ActivHles Conducted Abroad �
�All recipients must ensure that projed activitfes earrled on outside�the United SYates are coordinated es necessery with j
�approprlete gwernmeM authodties antl that approp�late Iicenses, permits,or approvals are obtained.
'ARicle XXII-Acknowledgmentof Federal Funding hom OHS j
IAII recipients rriust aclmwrledge their use of federal fundirg when issuing statemeMs,press releases,requests for proposals, i
bi0 irtvitations, and other documeri[s descnbing proJects or progrems funtled in whole or in part wfth Federal�funds
�Artiele XXIII-Federel Leadership on Redudng TeM Messaging whlle Drivlig �
IAII reclpients are encouraged to adopt and eMorce policies that ban teM messaging while driving as dascribed In�;Q �
,],'}519. Including conductlng�initiatives dewribed In Section'3(a)of tha Orderwhen on�official Government business orwhen
performing arry woik for or on be�alf of the federal govemment
�Article XXIV•Federal Debt Status �
�All reciplents are required to be non-delirpuent In their repaymeM of atty Fede�al debt. Exemples of relevant tlebt include �
`delinquerd�payroll antl other faxes,audit disallowances, entl benefit rnerpaymerda. See OMB�Circular A•129. I
; I
Article XXV�-Faise Ciatms Act and Program Froud Civil Remedies i
DHS-FEMA-EMPG-FFY 18 Pege 29 of 32 Aubum,City of,E17-141
'All reciplents.must comply with the requlrements of 31�U.S.C. sectiort3729-3733 which prohibfts the cutimisslon of false o'r 3
�(raudulent olaims for payment to the Federel Govemment:See 31 U.S.G�.section 380�38�2 which details Ne administrative �
�remedies.for false claims and statemeMs mede. �� �� � �
�ArUcle XXVI•Energy Polley and Conservation Ad I
i
aAll recipients must oorriply with the requiremenfs�of a2 uS�G.section 6201 which cordain policies relating to energy eFficiency
thaf are defined in thesfate energy conservatlon plen issued in compliance wtth'this Ad.
iArticle 7(XVII-Educatlon Amendments oi 1972(Equal Opportunity in Educatlon Act)-Tttle IX �
°All recipients must comply with the requ�remeMs of Tltle IX ot the Education Amendments of 1972�(�0 U.S.C:sectton1681 �
et seo.),v✓hich provide that no person in the United States wiA,on the basls of sex,be excluded fram participatlon{n, be ;
idenled the benefits of,or be subjected to dlscriminaGon under eny education8l program or actNity receNing Federal firericlal i
�assistance. DHS ImplemeMing reguletions are cod�ed at 8 QF.R. Part 77.and 44 C.F.R. Part�9 ,...
i
'Article XXViII-Duplicetlon oTBenetits �
!Arry cost allocable to a.particular Federal award:provided for in 7C F R Part 200.Suboart Emay rwt be charged to other '
iFederal awards to o4e�oome.fund deficlendes,to avoid restrictiorm imposed by Federaf s�tutes,regulatloiis,or terms and �
;condidons of theFederal awa�ds,or br other r`easons. Howe4ei,this prohibRiorrwould not preclude a recipleM torm�.shifting �
'costs�tRat are allowable under two or more Federal.awards in accordance with existtng Federsl sha[utes,regu�ations,or the
tterms and condkions of the Federal award. �
�Article XXIX-Drug-Free Workplace Regulations �
�All reciplents must comply with the Drug-Free.WorkplaceActol19B8 L1 U S G secfion 7D1 ePsev.);wMch requires all !
4organizatiors receiving g2nts from any Federal agency agree to mairRain a drug-free workplece.-�HShas adopted the
iACPs Implementing�(egulatfons at 2��C F R Part 3001. ��� .
'Artiele J(XXr Debarment and Suspenslon i
lAil recipients are sub}ect m the rwn-procurement debarment antl suspension regulalions implemeMing�ExeouG4e Orders .�
,7254g.and 12689. and?QF_R. Part 180.These regulations restrict awards, subawards and coMracts wifh�certain padies that�
�are debarted,suspended;or otherwise excluded trom or ineligible for perticipatlon in federal assistance programs or adNides.�
�Article'X7(XI•CopyrtgM �
!
�All recipients must affix.lhe applicable copyright notices�of 17 U:S:C.sections��401 or 402 aM an ackrwwledgemerrt of �
GovemmeMsponsorship(incWding award numberJ to any work�first produced under Federal Flnancial assistance awards. �
�'Article XXXII_.Clyll Rights Act of 1968 �
i
�All recipieMs must comph/with Tkle�Vllla(the�Civil Rjghts Act o/1968,which prohibits recipients from disoriminetlng in i
,the sale, rental,financing,and adJertising of dwellings,or in the provision of services in connection therewith, on the basis ;
�of rece,color,national origln,religion disatiility,fartiiliel�stetus and sex�(4����G�.sectlon 3so� e±ssa.), as impemerrted �
�by the�DepartmeMbLHousing end UrbanDevelopment at�24 C F R �Pert�00.The prohibRlon on disability Gscnminatlon '
,mdudes tfie requiYement that new inult�Famiy tiousing with tour or more dwellingunits f.e.,the pubhc and common use areas i
iand individual apartmeM units(all urots in bWldings with eleyators and groural floo�_unils in tiuildings without elevators) be �
1designed;arid constructed wltfi certain accessiWe features(See�4 C F.R�sectlon�100,2011.
- . -
�Article XXXIII-Civil Rights Act of 1864-Tftie VI
�All recipients must comply wiEh the requirements of Tttle VI of the Civil Rfgbts Acf o/1964(42 L S C seetion 2000d et sea.), i
{which provides tFiat no person in the United States will, on the grounds of race,color, or national ongm, be exduded from
�..participffifon in, be tlenied the benefds of,:or be.subjected.to discrimination under any prog@m or activity receiving FedeYal. i
,ffnancial assistance..DHS implemeriting regulaUons fortFie.Act are found at 6�C.F. R.. Part 21 and 44 QF.R. Part 7�. ,
' I
rArticle 7UQ(IV-DHS Specifle AcknowledgemeMs.andAssurances
�All recipients, sub-recipieMs, successors,transferees,and assignees must acknowiedge and agree to com�y wtth appllcaWe �
'prwisions goveming DHS access ta recoMs,accounts,documerits, infortnation,faci�ities, snif etaff. j
DHS-FEMA-EMPG-FFY 18 Page 30 of 32 Aubum;City of,E17-141
;1. Recfplents mus[cooperate wlth arry compNance reyiews ar comppance IrnesUgations conducted by�DHS. I
2. Recipients must give DHS access to,and 4he right to examine and copy, records, accounts, and other documents and
�sources of Irttormation related to the awaM and permit acaess Fo faeillGes,personnel, and other individuals and information as
�may be nacessary;as required by DHS regulations antl�other applicable lewa or program guldance.
i
�3. Re6lpients mus[submit.timely,cqmplete,antl�accurate repoRs to the appropnate DHS oBicialsand mairdain eppropdate �
!backup documeMatlon to support the reports. �
i
4. Recipients mustcompty wtth all other special reporting, data collection, and avaluation requirements, as.preseribed by law I
or detailed in program gufdance. �
I5: If,du�ing ihe past three years,the rectpierrt has been accused of Nscrimiretion on the grounds ot rece, color, natiorial I
�origln(npluding Ilmtted English proficiancy),sex,age, disaWiity, religion, or familial status,the recipient mud prwide a.list
oF all�.such proceedings, pending orcompleted,inclutling ou[come and.coqes of settlemem'agreemeMs to the DHS.finandal
�assistance offl,qe and_theDH50fFice of Givil Riqhts and�Givil Liberties.(CRCL)by e-mall at�riryl�dhs.aw�ar 6y��.mail af U.S.
,Deparfinerd of Homeland Securily OlficeSor CNfI Righis and Civil Libertiea Building 410, Mail S[op iW190 Washington, D:C.
' 20528.
� __
6. In the event arry court or admtnistrative agericy makes a finding of discnminaGon on grounds of race,color, retlonal origin �
� �(including limftetl English proficlertt.y), sex,ape,disabilfty,religion,or famllial stetus agalnsf(he reclplerR, or the tecipierrt �
�settles a case or matter alleging suoh discFiminatioq recipierns must/on4ard a copy af the complaint end Andings to the DHS f
flnancfai assistaxe oKce and the CRCL oKce�by e-mail or mail at fhe addresses listed above. �
r �
�Ttie United Ststes hes tlie rlght.to seek judicial erdoroemenl of these obligatior�s. .
�Art(de RXXV�-Assurances,Administretive RequlremeMs,Cost Prineipies,and Audit Requlrements (
'DHS finanaal assistance.redqents must compete either the�0."aStarxlerd Form 4248 A_��ranc s-Non-Goneh�meion f
...
;Proorams or OM8 ttandard�form 424D Ass�ranbes-��Gonstructfon Prairams as appllca6le. Certain aseurances in these
:'dacumerrts may rmt�be appicaWe toyour program,and.the DH9 financlai assistance aRce mey ie:quire applicent_s W certify
�additiorel assurances.Applioants are requireA W fill out the assurances @pqicaWe ro thelr progrem as instrucfed by the i
�awardirx�agency.Piease coMad the firencfal asWsTence offce if you have erry questions.
I
DHS finandai assistance recipierrts are required to follow the:applicaWe provisions of the Unrform Atlministretive �
.Requirements�Cos[Principles,and Audit Requiremerrts for Federal Awards located at 2 C.F�.R. Part 200. and adopted bq
DHS at 2 CF R.Pad 3002.
'prticla XXXVI-Whistleblower ProtecUon Ad
iAll recipierrts must compty wifh the statuWry requirements for whistleblower protactions(if applicable)at t0 U.S.0 section �
�2409.41 L.S.C.4712.ancJ 10 U.S.E.seeti8n 2324.41 U 9.C. sections 4304 and¢�],Q. �
�Article X70(VII-yallonal Environmenlal,Polky Aet
i
i
`All recipients must comply wtth the requiremeMs of the National Errvironmerrtal Pollcv Ad(NEPA1 and the Cc.uncil on i
ErMronmenfal�liry(CEo)Regutatibns fot Implementing�.the Pracedural Provisions�of NEPA,which requiresraeipients to
;use all practiqble means within.their authority, and consisteM with other esseMiat.consideratiorre of natlonal policy,to oreate
'and mairrtain oonditions under which peopie and naN2 can exist inproductive hartnorry and fWfili the social,economic,and
. _.. . ... . _. . .. .
'other rreeds of preserd and Tuture generations of Artiericans.
i
'Article X%XVIII-Nondiscdminadon in Matters PeRainirq to FaRh-based Orgenizatlons I
�Faitli-tiased orgaruzations are, under 6 C:F.R. Part 19.afforded certain protec6ons as it�relates to eligibilitySo receive flnancial+
. �assistance from DHS for social sernee�programs,or to participaje in soclal serviGe progrems sdmirnstered ar flnanced by �
DHS. Oiganizatioris that receiye financial assistance from DFIS(or a social service programor participate in�DHS social
service programs have en obligation to compy wi(li the equal VeatriieM polf�es arid requiremeMs wntairred in 8 C.F.R.Pert
19,whiqh,among other provigions, prohibit'reciplent orgaMmtions from d�scriminadng againsCbeneticiaries on the basis
�ot 2ligion�or religious:belief,a retusal.to hold a religlous bellet,or a refusal�to attend or paiticipate in a retiglous preotice; �
and generaly reguire recipients subjed to tFie rule to prwide certain protections,end notice of those protections,W their
ibeneficiaries. Recipients must alw comply with arry other polides and procedures regarding ttie participation of faith-besed
- or�nimtions wrtlained in e�licable steti�es, regWatlbns,and guidance poveming indivldual�OHS progrdms.
DHS-FEMA-EMPG-FFY 18 � Page 31 of 32 � Aubum,City of, E17-141
_ _ - - --- ._ _ _ _--- _._ __ _
OblfgntingDocwu'enf forAwuei!lAmendmEnt � . � � � � � "
1a.AGREEMENT NO. 2. 3.RECIPIENT NO. 4.TYPEOF 5.COMROL NO.
EMS-2D'16-EP-00002-S01 AMENOMENI9'I6001095G ACTION FY2016R10EMPG
- � � Np; � AWARD
6..RECII>IENT NAME AND�i 7.ISSUIN6 FEMA OFfICE AND �9.PAYMENf OFFtCE AND ADDRESS ...I
ADDRESS� f ADDRESS �Financiel Services Brench
� Washingwn Military �Grent Operations �500 C Street,S.W.,Raom 7?3 �
DeparGnent �245 Murtay Lane-Building 410.SW j�Weslilngton DC.204T1 t
Build'a�g�7A i WashingWnDC.20528-7000 ' � {
Cemp Murtey.WA.98430• �POC:866-927•5646 � I
5122 ' J
�... �.�_ --- ---�",---.__._._____._,.----
.9.NAt,�OF RECIPIENT (PHONE NO. �ii 10.N.4t.��OF FEMA PROJECT COORDINATOR !
PROIECT OFFICEI2 i 253-512•7121 Centrel Scheduling und Informnuon Desk i
Sierra Wnrdell � Plione:800-368b19R ;
' ,Email:Askcsid(�dhs.gov ;
._�_.�_.�-.-
11�.EFFECTtVE DATE OF i 12. . ��13.ASSISTANCE ARRANGEMENf �14.PERFORMANCE PERIOD
THI$ACfION i.tvfETHOD .Cost ReimbursemeN From: Ta
10/0]!?015 �PAYMENT '� 10/01/2015 09/d020'17
t P� , Budget Periad
+� � 10/01/2015 09/d0/2017
_.�L�__� _ ....__..._ _ ._..__..
15.DESCRIPTION OF ACTION
a.(Indicate fwidi�g data for nwarda or finsncial chenges) i
pROGRAM-I CFDA NO. ACCOUN'CIIJG DATA PRIOR i AMOUN'1' I�NT TCUMULATI V&NON- j
Np� ! (ACCS CODE) TOTAL �AWARDED �TOTAL f FIDERAL COtvfIvIITMENT i
ACRONYM i �X}:X3C-A7:X-X�C?.7L�{- I AWARD i THIS .AWARD i �.
�Xa7L�X-7(X�JJ�•XX7�.'X-7� � �ACTION I i �
._...__._.__._i_...-- -----...____. � ---�+OR(..�.)__�---�.�...__..___.�...�_.__��
Emeigency I97.042 1�O16EM-Dlll-R107- � SO.00�S7?54,374.00IS7,154,374.00� SeeTolels�.
ivlanogemrnt I-0101-D � + +
PerCoim�ence I I
� � I I r
Gtsnts __1 __ .' --1•-_� ------ -_.-I"_ . _ . _—I.�---�.�-�-J
TOTALS� � � $0.00.5'7,250�75,00 57�254,374:00 •$7¢54�7d:`00_.
. .._ _ . _. . - - - � . � - - � ----
b.To deseribe�chunges otker Ihan funding date w Gnenciel chenges,ut�ach scfiedule and checl here. - ��� �
N/A
__..�. w�..�__......_ _—..___._ ...,_�_._ _�._,__... ._.._..._.. ._... _...._.- - -. _ . . . . ;
16 a..FOR NON-DISA$TER PROGRAMS:REQ[PIENI IS REQ[RRED TO SIGN AND RETURN THREE(3)COPIES OF THIS �
DOCUMENT�TO FEMA(See Block'7 for uddress) .
Smergency Menagement Per[otmance Grenb recipients are not roquircd m sign end retum copies of this document.Howevv,recipients �
should print and k.eep a copy of tius daummt Cor the'v rewrds. ' i
16b.FOR DISASTER PROGRAMS:RECIPIENf TS NOT REQUIItED TO SI6N i
TNis aaistence�i+subjeM m terms end conditions utteched to this�ewerd notice or by incorpo�eud referena in progmm Icgisletion cited i
e6uvh I
l7:RECIPIENT SIGNATORY OFFICIAL p�Iame and TiUe) DATE �
Siecta Werdell.Pieperedrn�ss G�suts Section Progivn ivSene�er T-� Wed Aug 24�15:?4-50(}MT I
2016 �
18.FIIvfA�SIGNATORY OFFICIAL(Name and Tide) � I.DATE�
KA�BERLY PENFOLD, �Wed Aug I U 14:43:17 GMT �
12016 '
DHS-FEMA-EMPG-FFY 16 Page 32 ot 32 Autium,City of,E17-141
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEFARTIVIEN'T
Camp Murray, Washington 98430-5122
Please.readinstcuctions onreverse side before com letin this form.
NAME OF ORGANIZATION DATE SUBMITTED -
City of Auburn December 27, 2016
- ---
PROJEGT DESCRIPTION CONTRACT NOMBER
Train city staff on EOC operatlons, install and train EOC staff on new E17-141
_ tragWng software, recruit and train citizen volunteers fo�CERT o
C_ -- - - - --- ---- -�
_- ---- - _ _--.._ �.
1. AUTHORIZINGAUTHORITY
_ _ __.._ _._....
SIGNATURE . _ _..PRINT OR_TYPE NAME- - TITLEITERM OF OFFICE
Nancy Backus Mayor, (2014-2(j1$)
___...__ ._ .-- - _ _._ __�-_—____��.-_.,-.� .,�-. �.:-__. _ _---- ��-
,
�- -- --- _--------- - ----_ ` _ .__ _.,_. �---.__ �.—._ ._ __1
- -- -- ___._.___
2, AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
- - - ._ _ ____ _
SIGNATURE - - PRINT OR TYPE NAME TITLE
� , � L Dana Hinman Director of Emergency Mgt.
U�/„� 'C17
�� Le--� Jerry E. Thorson Emergency Manager
— -- - . _ �- — -- — --
��-� -- =-- __ _ _ -- _ - - - -- --- __ . _ _1
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATUE2E PRINTORTYPE NAME TITLE
� � Jerry E. Thorson Emergency Manager
Tyler 7urner Emergency Management Spec.
\1NAC-1\V 11HOME�KAREN81....1WPISIGNAUTH Revlsed 3I03
. ,�
• Weshington Military Department ConVact Number: E17•141
Debarment, Suspension, Ineligibility or Voluntary Exelusion Ce�tifica4ton Form
NAME Doing tiuelness as(OBA)
Aubum, Cily of Aubum, Cfty of
ADDRESS Appllceblo-Proeurom�M �WA Unifortn Buelneee FederafEmployerTex
25WestMainSt. aswiy(reqone�Many: Identlfler(UBp IOerNfleeUon#
P;ubum,WA 98001-4998 171.000.010 91-6001228
-. rno.eerc�emno��.sw,mitton��� n m.re �a.e w�om..oe.
Instruetions For Certiffeation Regarding Debartnent,Suspension,Ineltgibility and Voluntary Excluslon—Lower
Tler Covered TransacNons
READ�CAREFULLYBEFORE 316NIN0 THE GERTIFICATION. Federal regulatlona requlre eonVactoro and Mddera to sign�and
abfde by the �rms of thls eerflticeGon, without modffiwtion, in order to partldpate in eertaln Vansaetlons directly or
Indlreetly.IrrvolWng federel tunds. -
1. By signing and submifdng this proposal, the prospective lower tier participant is proyiding the certification set out
below.
2. The certificaGon In this clause is a material representatfon of fact upon which reliance was placed when this
Vansactian was entered (nto: If it is later defermined that the prospec6ve lower Ner participant knowingly rendered an
ertoneous ceAification, in additlon to other cemedies available to the Federal Oovemment the departrnent or agency
with which this transaction originated may pursue available remedies:including suspension and/or debartnent
3. The proSpecliye lower tler pardclpaM shai� provide Immediate wrttten notice W the department, Institution or a�ce to
which this proposal is submitted ff at any time the prospeetiye lower tier partfcipant leams that its cerdflcaUon wes
ertoneous when submitted or had become ertoneaus by reason of chenged dreumstances.
4. Th_e terms covered transaction, debarred, suspended, ineligible, lower tler covered trensaction, participant, person,
primary covered transaction, principal, proposai, and voluntadly excluded, as used in this clause, heve the meaning
.
se4 out in the Definitions and Coyeiege sections of rules implemendng ExecuUve Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulaUons.
5. TFie prospective lower tier participant agrees by submitting this proposal that, sHould the proposed covered
transacUon be entered into, it shall not knowingly_enter into any lower tler wvered transaction with a person who is
proposed for debarment under tlie applicable CFR, debarred, suspended, declared ineiigibte,or voluntarily ezoluded
from paNcipatlon in this covered transactlon, unless authorized by the departrnent or agency with which thfs
trensaction originafed.
6. The Prospectiye lowet tigr participant furtheragreesby submiBing this proposal that ft will include this clsuse titled
''Ceitification Regarding Debarment, Suspension, Ineligibiliry and Votuntary Exclusfon-Lower Tier bovered
Transaction,"without modification, in ail lower Ber aoyered transactions and in all solicitations for lower tier eovered
transactions.
7. A participant in a covered transaction may rely upon a cerlification of a prospective participant in a lower tler covered
trensaction that R is not proposed for deba(ment undei applfcable CFR, debarted, suspended, ineligible,or wluntarily
excluded from co4ered Vsn§actlons, unless ft knows that the certiffqtion is erroneous. A paNcipant may decide the
_._.. ..
method and frequency by which it defertnines the eligibiiiry of fts prineipals. Each participant may, but is not requ re
to,check the List of Parties Excluded from Federal Procurement end Non-procurement Programs.
8. Nothfng contained in the foregoing shall be construed to require esfablishment of a system of records in order to
2nder in good taith the certification required by this clause. The krwwledge and inforrriation of a participent is not
required to exceed that which is normaliy possessed by a prudent person in the ordinary course of business activity. �
9. Ezaept for 6ransactians authorized under paragreph 5 of these instructions, if e participant in a eovered transacNon
knowingly enters into a lower tier coverad transaction with a,person who is proposed for debarrnenE under appliceble
CFR suspended, detiarred,Inelfgible,ar yoluntadly excluded from part)dpation in diis transactlon, in addiUon to other
remedies available to the Federal GovemmeM, the departrnent or agency with which this transaction originsted may
--_ _. . __
pursue avai{able remedies, including suspension and/o�debarment
Certffication Regarcling Debarment, Suspension, Ineligibllity and Voluntary Exclusion-Lower Tier
Covered TransacUons
The prospective lower tler participant eertifies, 6y submission of this proposal or yo�rtract,that neither k nor Rs
principals is preseMly debar►ed,suspanded,proposed for debarment;deelared ineligibls,or voluntadly excluded
from paRlcipation in this transaction by any Fadarel departrnant or agency. Where the prospeetive lowe�tfer
partielparrt is unable to eeRiiy to any of the stataments in this certifieation, such prospective participant shall
altach an explanation to this form.
BidderorContractorSignature: / `• — `- `— Date: �Z'09-16
Print Name and Title: �eRy ` O , Emergency Manager
FFATA FORM.
Subreelpient Agency: AUbUfl1. CIN of
__.. _ _ . _ . _._._ ..
GrerN and Year: 16EMPG Agraement Numbar. E17-141
_. _ _.. . _ . ___ ..
Compietea �erry E. Thorson Emergency Manager 253-876-1909
by: -
Name �Titte -Tele �hone
_ . - _.
Date Complated: 11-30-16
.�_._:__.��, � r . _-__ --^-- - ^ -__ ,
� �..��=iS7EPl,ti.— . ' -'
�L.....__..:,..r� .-...» _, _.._._ ..._ ._ _ _.. .�....,.._.._ .._ �_ . .. . �_
`YES STOP,no further NO
Is your grant agreement less than$25,000? enalysis needed, GO to Step 2
� GO to Step 6 �
___.- �, -- - - �..� _ -�� --
_._. . _
` iSTiEP�2� ` '� '
_.�.. - ' " - - .
. .. ... �.. , ._ � - __.�_. � ,
In your preceding fiscal year did your YE$ j� NO .STOP,no further
organ'ization recelve 80%or more of its annual ❑ GO to S1EP 3 � analysis needed,GO ro
gross revenues from federal fqnding9 Step 8
� ,.--,.t-..;- .:- _�:�.-.�,�--.��� ;S�TEP.�3��.ua.�.._:�. _:�_��.._ _�s ts : - _��
In your pieceding fiseal year did your YES NO STOP no furthe'r
organization receive$25,000,000 or more in ❑ GO to STEP 4 ❑ enalysls needed,GO to
federal funding? Step 8
_ .__ -,- --- � r --
��.
; --r�---^- -.�; - ; �. ,_-�----��=73SiEP�4�.� _ ' •_ _ _ .z __..._. , :.
Does the public haye access to irrfortnation about YES STOP, no(urther NO
the Wtal compensation'ofsenior execufives in ❑ analys�s neaded. ❑ GO to STEP 5
your organizaUon? GO t°g�eP 8 __
,. • - - - -�
._„�_ -.-. �
_.__..-.._,_..--- �_,..�...-. _...,. - - � lSi[EP.TSe'- > � .x s .;_ s. - :
. .
�-- -�-- - �— _ . _ __ . __ — - ---
—_ lName �_ ... __. _ __.__ _ �_�.
ExecuUve#1 Tofal CompensaUon m t $�_.�_ -- _ - -�-
_ - _ _ -. __ ...
_ Name: _ - -
Executive#2 - -
Total Compensa8on amount $ --- -
_— _ - - -- -
iName _ - - -- . -
F�cecutive l!3 � � -- - -.__ ----
_ ^---
_„Tolal Compen`sa6on emount_$�__._ --_ - -._. ... ._.__ _ _
Name
��UVe� 7ntal Compensation amount $ _
_- Name _ _ _ _ _ __ _
iExecuqve;#5� - - _.�. � -- —
-� . .
� Total Compensetlon emount.$ . -- -- �_ _. . _ �
�
r- ___-- — , .
� -__----.-..:_-_ ---- -- - --- -t5'IEPIg; :_ � - �
, � � .___ ___.�T _ .--- ---
If your organization does not;meet these crite�la,specifieatly idantity below ga�,htriteda that is not met for your
organlzstion: For Ezemole'"O�r oraanizatlon recefved less than S2b.000."
1. Grant is more than 425,000. 2. City receiyed lessthan 80�o annuai revenues from federal funding�
_ -
Signafure:
� Data: November 30, 2016
'Tofal co nsati rs to:
. ' alary an. _bnuses
. Awards of stock,stodc options,and stock appreelatlon rights
. Other compensation including, but not limited to,seVerance and tertninatlon paymenb
. Life insurence value paid on behalf of the employee
Addifional Resources:
hito•1/www.avhitehouse.aov/omblooen
tittp�//www firsa aov/arentslHata htrnl
��lh^•^v aoo aov/fdsvs/oka/FR-2010A9-14/odf/2010-22705.odf
htto•//www arants ao4/
Page 1 of 3
i
�
�
�p�� GIVB Form!O thB I
F� YY 9 Request for Taxpayer ;
�"°°•Da�°ef01' Identiflcation Number and Certlflcatlon fBQ°8't°"o°"n '
o.p6mwdwiremuy �� emd W the IR3. i
InIMulflwaus6aNe�__ _"
___'_____ _—__ _. . _ ._.. .
-- -7'NYM NqWnanyavinCamstmllallan), artlB �epu an BIIre:EorMMWtltlb e I
CITY OF AUBURM
N z-.euelnas ibnwElerag ee.wb�.,m m�ereN nom enow- - - - - . I
i
� 3 Cieck�P�Meb boa/m IeEvtl tm danifleeGon:Nrk my oro ai tlm IdIoW!4 swa�h�aaa 4 E�anVOom kAdm apply unlY to �
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Ta er ldeMlfication Number IN �
EMer your TN In the approprlete 6ox.The TIN provided muet match the name gNen on Ilne i m evoid �o��eaaurlry number
tieekup withholdlnp.Far IndlWduele,�thle la penerely ycur soclBl eecurlry�numtier(BSN�.However,tor a
resfdent ellen,eale propAato�,or dleregerded entlty,eee Ne Part I Inehuctlone on pege 3.For other - -
entitles,II h your empbyer identlllcetlon number(EIN).It you do rwl heve a num6er,sae How to pef e
TIN on pege 3. or
Nota.If tM eccount la In more Ihen one name,aee ths IneWctloria fp Ilns t enil Ihe chart on pepe 4 fo� . E'^plq'a W°'Wfiu�b^"'"^b°� �
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Cert eallon �
�Under Peneltlaa W perlury.I cerllry theL• � .
t. The num6ar shown on ihls fortn Is my carrecf teapeyx IAantmcetlon number(or 1 em waltlnp tor a number to ba IssueE to me);erM
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no bnqer wbject lo backup wlthhoWNy:�a�
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4.The FATCA eotle(s)entared on th45 torm Qf arry)MNcethig Nnt 1 em exertipt hom fATCA reporting Is conect.
Certlfloatlon InsWCtlona Vou must crose out ttrm 2 ebova H you heve hemi no8fletl try l�e IRS Nat you ere CurreMly aub�ed to backup wRhholding
batauae you hflva falled to repon ell intereat and Elvltlantls on your tax reWm.For real estete Vanseotlons,item 2 doea rrot npply.Fm mortpege
intmest peid,ecqulsiUon or a6endonment of secured praperry,cencellaUon ot debt,cnnWbuGone to an InrLuWual reUremenl ertangament QRla,end
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Purpose of Form p�ma�,��nnN.
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rnmber QTII�,edopibn le�ipeysr Itlenllikallun numbar(ATIM,p employer - 7,CaAlty 1he1 lhe TW you are gWlnp la correct(or you are weltlnp lor a numCm ,
Mentllicetbn number(EIN�,to nport on an Infumallon rvlum Uw amount paltl ro to b6lswed�, �
you;ar olhar ameuM reportebb en an Informellon relum.Fxamplea al inlarmetbn p Certly thel you are nol eub�ect lo hmkup wHhholdlnp,or
rolwns NCIUOa,OW are ml Ilinlmd lo,ttia followlrip:� ,
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Cal No.10231X FOrm W9(Hev.12-2014I i
�
2 CFR Part 200 Subpart F Audit Certification Form
Auditsof States, Locai Govemments, Indian Tribes, and Non-Profit Organ'izations
_..-- __
`__.- -- - -- -- -�Co'ntact;lnformatio`n,-- - - - -- -------- - _--�
SubrecipientName�nee�cy,�o�e�cmremmeM,or organ�zauoy:City of Auburn
---
Authorized Chlef Flnancial Offlqer(centrai accoununq orecej:Shelley Coleman
Address:25 West Main Street,Aubum, WA 98001
Email: scoleman@auburnwa.gov Phone#:253-804-5019
Purpose: As a pass-through entity of federel grent funds,the Washington Military DepartrnenUEmergency Management Division(DepartmeM)
is required by:2 QFR Part 200 Subpert F to monitor adivlties of subreapients to ensure federal awards�are used for authodzed purposes and
verity that subreaplents expending$750,000 or more in federal awards during their fiscal year heve met the,2 CFR Part 200 Subpert F Audit
Requiremants. Your entity is a subredpient subject to such monitoring tiy MIL/EMD because it is a non-federal entity thet expends�federal grant
funds received from the DepaRment as a pass-through entity to carty out a tederal progrsm. 2 CFR Part 200 Subpart F should be consulted
when comple6ng this fortn.
Directlons: As required.by�2 CFR Part 200 Sub�paR F, nomtederal errtitles that e�end$750,0�0 in federal awards in a.figcal yeaP shall have
a single or program-specific audit conducted for 8iat year. If your entity!s no!subject to thase requlremeMs,you must completfl Section A of
this Fortn. If youi eqUty�subject lo these requirements, you must complete;SecGon B of this fortn. Wh:en completed,you must sign, date,
�and retum this form with your grant agreement anC e4ery Bscel year tfiereafter until the grant agreement Is closed. Failure to retum this
campleted Audit Certifice6on Fortn may result in delay of grant agreement processing,wiU�holding of federai aweMs or disallowance ot wsts,
and suspension or termination of federal awards.
.._ . — - - — - . _. _.. . - -- - � - -- -- �---�
:§ECTIONaA:�En Ues�NOTsub '��t. o:the:a`udl� ulierrmentsoG2+CFR+Pait?200�5 b a F __ _ .__:
Our entity is�not subject to ttie raquirements of 2 CFR Part 200 Subpart F because(check ell that Apply):
❑ V11e did not expend$750,000 or more of rotal federel awerds dunng the fiscal�year.
� V1le are a for-profit agency.
❑ 1Ne.are exempt for other reasons(dascribe):
However, by signing below,I agree Nat we are still subject to the audft requirements,lews end regulatians goveming the prog[am(s)in
which we participate,that we ere required tomaintaln records abfederal tunding.and to provide eccess to such records by federelsnd stete
egencies and thair designees,and that WMD/EMO may requast and ba provided access fa additlonal infolmation and/or documeMadon to
ensura propar stawardship of federel funds
?SECTiON°B•'Entltles�tleat ARE subfect-M the�audlt reaW�ements:o%2.CERiPart:Z00 Sutioalf F" � I
i Gom leteithe`lii�fomiation.belo`w�and.check:the,a ro riate.box __ __ .`__ _ - ---
____... i
0 Nle completed our last 2 CfR Part 200 SutipaR f Audit on[enter date) oeiis�zo�e for Fiscal Year ending�enter date] �y3?nois , There
vrere no Bndings�related to federel awards hom WMD/EMD. No follow-up ection is required by WMDlEMD as the pass-through entity.
A complete copy of the audit report,wh1cA Ineludes exceptlons,�eorreetive aetlon plan and managemant respo:nae;is
ei4her provlded eleetroniealty to contraets.office�mfl.wa.aov or provide the efate audltor repoK number.
Report p 1017275
❑ We complated our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscel Year ending[enter date] . There
were flndings related to federal awards.
A-eomplete eopy of fhe audit report,which Includes ezeepttona,eorrective action plan and management reeponse,Is either
provided eleMronically to contracts.oHice�mll.wa.aov or proyide the state Auditor report number;�
❑ Our completad��2 CFRPart 200 Subpart F Audit will be availabfe on. (enter date]for Fiscal Year entling
�enter deteJ. We will provide elecVonic copy af the audit repod to contrecte.o�ce�mil.wa.aov at that time or
rovide the stete auditor.re �ort number.
1 hereby eertlfy thet I em an Individual authorized by the ebove Identlfled eMity to eomplete this(orm. Furttier, I.eertity that the
above Intomiadon Ia true and correet and all relevent matedal flndingg eon�ined ln audlt reportlstatement have 6een diselosed.
AddlUonelly, I-underatand lhis Fortn ia to be submitted every;flaeal year for whiqh this entity Is a subreelplent ofTederaLawerd
funds trom�the DepartmeM untll the grant agreement Is clos .
Signature ofAuthorized Chief Financial . ` , .�1�`— - Date: -'��'
P�int Na�iie&Title: snai�y coiema�, oveaor w Finana _
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