HomeMy WebLinkAboutFederal Grant Monitoring Report
Monitoring
Report
09/16/2020
Preparedness
Grants Section
Emergency
Management
Division
Washington
Military
Department
CITY OF AUBURN
Authority to Monitor
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The Washington Military Department’s Emergency Management Division (EMD), as the recipient of federal funds and
pass-through entity, is charged with the fiduciary responsibility to monitor the activities of subrecipients from award to
closeout, and for the life of any equipment purchased with grant funds. The Preparedness Grants Section (PGS)
Monitoring Program ensures subrecipients are exercising appropriate stewardship over federal funding, and that all
related activities are in compliance with federal grant guidance, applicable federal and state financial and programmatic
regulations, federal and state audit requirements, the terms of the grant agreement, and EMD policy.
The Office of Financial Management (OFM) for the State of Washington lists the responsibilities of state agencies
administering or expending federal awards under chapter 50.30.45 of the State Administrative and Accounting Manual.
Related to subrecipient monitoring are the following bullets:
3. Evaluate and monitor compliance with federal statutes, regulations, and the terms and conditions of the
federal awards.
4. Take prompt action when instances of noncompliance are identified including noncompliance identified in
audit findings.
10. If acting as a pass-through entity, maintain a system of internal controls to monitor subrecipients.
Citations:
• Code of Federal Regulations (CFR): 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
• OFM State Administrative and Accounting Manual (SAAM), chapter 50.30 Federal Single Audit
• Applicable Revised Code of Washington (RCW) Statutes.
Review Guidelines
Though the subrecipient may have more than one open grant agreement with the Washington Military Department,
Emergency Management Division, only one agreement will be selected to be used as a guide for the Regulation &
Requirement (R&R) Review. Using the agreement ensures a comprehensive review as the most significant
requirements are included in the Special Terms and Conditions and General Terms and Conditions.
NOTE: The Monitoring Report is not intended to supplant the fully-executed version of the grant agreement.
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REGULATION & REQUIREMENT REVIEW INFORMATION
A.1 – Subrecipient Contact Information
Agency City of Auburn
Address 25 West Main Street
POC Name, Contact Jerry Thorson, jthorson@auburnwa.gov, 253-876-1909
Subrecipient personnel participating in review
Name, Title, Contact Jerry Thorson, Emergency Manager, jthorson@auburnwa.gov, 253-876-1909
A.2 – PGS Monitoring Team Contact Information
Name, Title, Contact Gary Stumph, Program Coordinator, gary.stumph@mil.wa.gov, 253-512-7483
Name, Title, Contact Zoie Choate, Program Coordinator, zoie.choate@mil.wa.gov, 253-512-7461
A.3 – Agreements as of 10/06/2020 (open and recently closed)
Federal Program CFDA
Federal Award
# Agreement #
Performance
Period Amount Expended Balance
Emergency
Management
Performance Grant
(EMPG)
97.042 EMS-2019-EP-
00003-S01 E20-060 6/1/19-
8/31/20 $44,925 $37,481.38 $7,443.62
A.4 – Agreement Used as the Guide for R&R Review
Emergency
Management
Performance Grant
(EMPG)
97.042 EMS-2019-EP-
00003-S01 E20-060 6/1/19-
8/31/20 $44,925 $37,481.38 $7,443.62
Amendments to Agreement
Amendment A: None
A.5 – Equipment/Purchases to be Viewed
Please have the following available for viewing during the review.
• If the equipment is not available for viewing, please let us know before the visit so alternate items can be selected.
• If the equipment is at an alternate location, please let us know before the visit so additional logistics can be incorporated
into the monitoring plan.
Comments: No purchases are being requested to be viewed during the R&R Review.
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AGREEMENT TERMS AND CONDITIONS
Washington State Military Department
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Auburn
25 West Main Street
Auburn, WA 98001-4916
2. Grant Agreement Amount:
$44,925 3. Grant Agreement Number:
E20-060
4. Subrecipient Contact, phone/email:
Jerry Thorson, 253-876-1909
jthorson@auburnwa.gov
5. Grant Agreement Start Date:
June 1, 2019 6. Grant Agreement End Date:
August 31, 2020
7. Department Contact, phone/email:
Gary Stumph, 253-512-7483
gary.stumph@mil.wa.gov
8. Data Universal Numbering System (DUNS):
032942575
9. UBI # (state revenue):
171-000-010
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMS-2019-EP-00003-S01 12. Federal Award Date:
08/05/2019 13. Assistance Listings # (formerly CFDA) & Title:
97.042 (19EMPG)
14. Total Federal Amount #:
$7,409,645
15. Program Index # & OBJ/SUB-OBJ:
793PT NZ
16. Service Districts:
(BY LEGISLATIVE DISTRICT): 30, 31, 47
(BY CONGRESSIONAL DISTRICT): 8, 9
17. Service Area by County(ies):
King, Pierce
18. Women/Minority-Owned, State
Certified: ☒ N/A ☐ NO
☐ YES, OMWBE #_________
19. Agreement Classification
☐ Personal Services ☐ Client Services ☒ Public/Local Gov’t
☐ Research/Development ☐ A/E ☐ Other_______
20. Contract Type (check all that apply):
☐ Contract ☒ Grant ☒ Agreement
☐ Intergovernmental (RCW 39.34) ☐ Interagency
21. Subrecipient Selection Process:
☒ “To all who apply & qualify” ☐ Competitive Bidding
☐ Sole Source ☐ A/E RCW ☐ N/A
☐ Filed w/OFM? ☐ Advertised? ☐ YES ☐ NO
22. Subrecipient Type (check all that apply)
☐ Private Organization/Individual ☐ For-Profit
☒ Public Organization/Jurisdiction ☐ Non-Profit
☐ CONTRACTOR ☒ SUBRECIPIENT ☐ OTHER
23. PURPOSE & DESCRIPTION:
The purpose of the Fiscal Year (FY) 2019 Emergency Management Performance Grant (19EMPG) program is to provide U.S.
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to
assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of
those programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 19EMPG DHS Award Letter for Grant No. EMS-2019-EP-00003-
S01, which is incorporated in and attached hereto as Exhibit F and has made a subaward of Federal award funds to the
Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds
provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); 19EMPG Award Letter EMS-2019-EP-00003-S01 (Exhibit F); and all other documents expressly
referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of
the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz 6/27/2019
Sr. Assistant Attorney General
FOR THE SUBRECIPIENT:
_____________________________________________
Signature Date
Nancy Backus, Mayor
City of Auburn
APPROVED AS TO FORM (if applicable):
_____________________________________________
Applicant’s Legal Review Date
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Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT
B.1 – Key Personnel
Changes to the Subrecipient Key
Personnel No changes
Changes to Department Key
Personnel No changes
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 19EMPG Program, including, but not limited to, all criteria, restrictions, and
requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2019 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants
Manual document, the DHS Award Letter for Grant No. EMS-2019-EP-00003-S01, and the federal regulations
commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award
Letter is incorporated in this Agreement as Exhibit F.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 19EMPG funds received under this Agreement casts the
party receiving the funds in the role of a Subrecipient or contractor in accordance with 2
CFR 200.330.
SUBRECIPIENT DEPARTMENT
Name Jerry Thorson Name Gary Stumph
Title Emergency Manager Title Program Coordinator
E-Mail jthorson@auburnwa.gov E-Mail gary.stumph@mil.wa.gov
Phone 253-876-1909 Phone 253-512-7483
Name Dana Hinman Name Tirzah Kincheloe
Title Director of Administration Title Program Manager
E-Mail dhinman@auburnwa.gov E-Mail tirzah.kincheloe@mil.wa.gov
Phone 253-931-4009 Phone 253-512-7456
Name Tyler Turner Name
Title EM Specialist Title
E-Mail tturner@auburnwa.gov E-Mail
Phone 253-876-1992 Phone
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b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal
entity as its Subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of 19EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 19EMPG Program, including, but not
limited to, all criteria, restrictions, and requirements of The Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year
2019 Emergency Management Performance Grant (EMPG) document, the DHS
Award Letter for Grant No. EMS-2019-EP-00003-S01 in Exhibit F, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
19EMPG federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in Exhibit F of this Agreement.
B.2 – Subawards & Contracts by the Subrecipient
Does the Subrecipient pass-through
federal grant funding? The Subrecipient does not pass-through funding.
What agreement process does the
Subrecipient use to document the
pass-through funding?
N/A
How does the Subrecipient ensure
pass-through entity compliance?
Advised the Subrecipient if they do pass-through funds in the future to contact
PGS.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed
on an actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency and the
Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414
and Appendix VII to 2 CFR 200 must be submitted to the Department Key Personnel.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs. The Subrecipient’s actual indirect cost rate may vary from the approved
rate but must not exceed the approved negotiated indirect cost rate percentage for the
time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis
rate, but did not charge indirect costs to previous subawards, a request for approval to
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charge indirect costs must be submitted to the Department Key Personnel for approval
with an explanation for the change.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D).
Reimbursement request totals should be commensurate to the time spent processing by
the Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the Subrecipient consistent with record retention
requirements of this Agreement and be made available upon request by the Department
and auditors.
g. The Subrecipient should request prior written approval from Department Key Personnel
to waive the due date in the Timeline (Exhibit D) and, once approved, submit those costs
on the next scheduled reimbursement due date contained in the Timeline. Waiving or
missing deadlines serves as an indicator for assessing an agency’s level of risk of
noncompliance with the regulations, requirements, and the terms and conditions of the
agreement and may increase required monitoring activities. Any request for a waiver or
extension of a due date in the Timeline (Exhibit D) will be treated as a request for
Amendment of the Agreement. This request must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for Department
review and consideration and may be granted or denied within the Department’s sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as
required by this Agreement (including, but not limited to, those reports in the Timeline) will
prohibit the Subrecipient from being reimbursed until such reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds and will not use them to replace (supplant) non-federal funds that have been
budgeted for the same purpose. The Subrecipient may be required to demonstrate and
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document that a reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
B.3 – Budget & Reimbursement
Does the Subrecipient have an
approval process for costs
charged to the grant?
During the application process, the items to be purchased are discussed and
approved by the Director of the department. Once the agreement is put into place
the Subrecipient uses the Work Plan and budget before purchasing or charging the
grant. The purchases are normally done using a credit card or purchase order. The
Subrecipient works with their Finance Department to ensure the vendor is paid
and the payment is coded with the proper charge code and they track the
expenses. Finance then sends a report to the Subrecipient for all monthly
expenses charged against the grants charge code. The Subrecipient provides
receipts for the expenses to Finance for items purchased with a credit card.
How does the Subrecipient
ensure their reimbursement is
on time and accurate?
The Subrecipient uses an electronic calendar system based upon the timeline in
the agreement and works closely with Finance to ensure the reimbursements are
accurate.
Does the Subrecipient charge
indirect costs? The Subrecipient does not charge indirect costs.
Does the Subrecipient have any
issues with the reimbursement
tools/documents?
No issues, and appreciates the consistency from year to year.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
3. REPORTING
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b. With the final reimbursement request, the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
c. In conjunction with the final report, the Subrecipient shall submit a separate report detailing
how the EMPG Training requirements were met for all personnel funded by federal or
matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http://mil.wa.gov/emergency-
management-division/grants/requiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State’s Stakeholder Preparedness Review (SPR)
as well as the State's Threat and Hazard Identification and Risk Assessment (THIRA), as
needed.
B.4 – Reporting Requirements
Did the Subrecipient submit
Work Plan/Activity reports?
19EMPG final report was submitted prior to the due date. The report is complete
and accurate. The Subrecipient has provided timely and thorough reports over the
last several cycles.
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Did the Subrecipient participate
in the State’s annual capabilities
assessment?
The Subrecipient participates in the State’s annual capabilities assessment
indirectly through King County. They will also participate directly if they receive an
invitation from the State.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 – 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 management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient,
or a recognized non-federal entity to which the Subrecipient has made a
subaward, for which a contract, Subrecipient grant agreement, or other means
of legal transfer of ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will
be recorded and maintained in the Subrecipient’s inventory system.
iii. Inventory system records shall include:
A. description of the property
B. manufacturer’s serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number (FAIN)
D. Assistance Listings Number (formerly CFDA Number)
E. who holds the title
F. acquisition date
G. cost of the equipment and the percentage of federal participation in the cost
H. location, use, and condition of the equipment at the date the information
was reported
I. disposition data including the date of disposal and sale price of the
property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies
as applicable, and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Subrecipient to determine the cause of the difference. The Subrecipient shall, in
connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and supplies
including all questions of liability. The Subrecipient shall develop appropriate
maintenance schedules and procedures to ensure the equipment, and supplies
as applicable, are well maintained and kept in good operating condition.
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vi. The Subrecipient shall develop a control system to ensure adequate safeguards
to prevent loss, damage, and theft of the property. Any loss, damage, or theft
shall be investigated, and a report generated and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a federal
award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, or otherwise disposed of with no further obligation
to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department’s Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
c. Allowable categories for the EMPG Program are listed on the Authorized Equipment List
(AEL) located on the FEMA website at http://www.fema.gov/authorized-equipment-list. It
is important that the Subrecipient and any non-federal entity to which the Subrecipient
makes a subaward regard the AEL as an authorized purchasing list identifying items
allowed under the specific grant program and includes items that may not be categorized
as equipment according to the federal, state, local, and tribal definitions of equipment.
The Subrecipient is solely responsible for ensuring and documenting purchased items
under this Agreement are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
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e. The Subrecipient must pass on equipment and supply management requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
B.5 – Equipment & Supply Management
Does the Subrecipient purchase
equipment with grant funding?
Yes, the Subrecipient purchases equipment with grant funding. Not all purchases
are classified as equipment due to purchase cost thresholds.
How does the Subrecipient
document allowability on the
AEL?
The Subrecipient utilizes the AEL during the application period and when
purchasing to ensure allowability.
Does the Subrecipient record
and maintain grant purchased
equipment in their inventory
system?
There are two levels of equipment tracking. The City has an inventory system that
tracks equipment and the Subrecipient also tracks equipment using an Excel
Spreadsheet.
Do the equipment records
include the requirements listed
in the grant agreement section
3.a.iii?
PGS sent the Subrecipient an inventory template to compare to their existing
tracking sheet. All data elements are listed with exception of Assistance listing
(formerly CFDA). The Subrecipient will review their inventory and will add any
required information that is missing.
How often does the
Subrecipient perform a physical
inventory?
The City and the Subrecipient both perform a physical inventory annually.
What is the process for
completing an inventory?
City staff does a physical inventory and updates the inventory system. The
Subrecipient also updates their separate inventory document at least once per
year.
Does the Subrecipient hand-
receipt equipment? No
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/media-library/assets/documents/85376 all of which are
incorporated in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to, construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to interior walls, and training or exercises occurring outside in areas
not considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
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d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient will not be reimbursed.
B.6 – EHP
Has the Subrecipient submitted
projects for EHP review
before??
The Subrecipient has not had an occasion to submit for an EHP review.
Are there any upcoming projects
that will need an EHP review?
There are no future projects that require an EHP review. PGS advised the
Subrecipient that during the application process, projects identified as having
potential EHP consideration are notated and communicated to the Subrecipient.
At that time additional guidance will be provided.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10.
b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
B.7 – Procurement
Does the Subrecipient have a
jurisdiction specific
procurement policy?
The Subrecipient follows the City’s procurement policy.
What is the general approval
process/flow?
Grant related purchases are made with a purchase card. For purchases over
$5,000, the Subrecipient must seek approval from the Director. Typically, the
Subrecipient uses a majority of the EMPG funding for Salaries and Benefits; with
limited funding available, goods & services purchases are under the threshold.
How are procurements
documented?
The Subrecipient keeps all procurement documents in electronic and paper
format. If other departments are involved in the procurement, that department
also keeps copies of the documents.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department’s monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
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requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the “2 CFR Part 200 Subpart F Audit
Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms with the signed Agreement and each 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. Monitoring and documenting the completion of Agreement deliverables
iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting
minutes), e-mails and correspondence
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. Observation and documentation of Agreement related activities, such as
exercises, training, funded events, and equipment demonstrations
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
B.8 – Subrecipient Monitoring
Is the Subrecipient required to
complete an annual audit? Yes
Audit Information
Audit
Report
Report #: 1024715 Timeframe: January 1, 2018 through December 31, 2018
Military Department Pass-Through Funding
Finding # and
Description: None
Follow-up: None needed
Other Funding
Finding # and
Description:
The City did not have adequate internal controls to comply with federal Davis-Bacon Act (wage
rate) requirements (weekly certified payroll reports were not collected regularly).
CFDA #: 14.218 CFDA Title: Community Development Block Grants/Entitlement Grants
Effect of
Condition: DHS/FEMA requires subrecipients comply with the Davis/Bacon Act.
Follow-up:
The Subrecipient was not aware of the finding; however, the subrecipient does not fund
construction contracts with EMPG or match funds so the finding has no impact to the
management of their agreement.
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Additional observations None
1. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
Subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
B.9 – LEP
Is the subrecipient required to
offer language services to meet
the LEP requirements?
The Subrecipient was one of the first jurisdictions in King County to adopt an LEP
plan within their CEMP. The various languages that reside within the city are:
Spanish, Pacific Islander, Russian, and Ukrainian. The Subrecipient partners with
community navigators and translators to work with LEP persons. They also provide
literature and language services.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
8. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach
and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and
deliver the core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response.
NIMS empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive 8, to guide activities within the public and private sector and
describes the planning, organizational activities, equipping, training and exercising
needed to build and sustain the core capabilities in support of the National Preparedness
Goal.
c. In order to receive FY 2019 federal preparedness funding, to include EMPG, the
Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress
toward completion. NIMS Implementation Objectives are located at
https://www.fema.gov/media-library/assets/documents/130743.
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B.10 – NIMS
How does the Subrecipient track
NIMS objectives and
implementation?
The Emergency Manager is the POC for NIMS and the City has fully implemented
the NIMS. The City Council has approved a resolution that requires NIMS
objectives be implemented and trained for all new employees. The requirements
are also listed in the City’s CEMP. The Emergency Manager tracks and monitors
the objectives and training through a database. The database is also used to
generate a welcome and training letter that is sent to new employees.
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist
state, local, and tribal governments to enhance and sustain all-hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency
Management Act (6 U.S.C. § 762).
2. A portion of the 19EMPG is passed through to local jurisdictions and tribes with emergency
management programs to supplement their local/tribal operating budgets to help sustain and
enhance emergency management capabilities pursuant to Washington Administrative Code
(WAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient’s application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs.
5. The Subrecipient shall provide a fifty percent match of non-federal origin. The Federal share
applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted
in the application and approved in Budget, Exhibit E. To meet matching requirements, the
Subrecipient’s cash matching contributions must be considered reasonable, allowable, allocable,
and necessary under the grant program and must comply with all Federal requirements and
regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in
place to capture, track, and document matching funds. In the final report, the Subrecipient shall
identify how the match was met and documented.
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. Complete and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
https://www.fema.gov/pdf/emergency/nims/nims_training_program.pdf (to include ICS-
100, ICS-200, IS-700, and IS-800 for most personnel). The Subrecipient will report
training course completion by individual personnel along with the final report; and
b. Complete either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235,
IS-240, IS-241, IS-242, and IS-244, or (2) the National Emergency Management Basic
Academy. The Subrecipient will report training course completion by individual personnel
along with the final report.
B.11 – Grant Program Specific Requirements
Does the Subrecipient require
technical assistance in this area?
The subrecipient has demonstrated an understanding of the EMPG specific
requirements and continues to meet them.
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Additional observations None
C. DHS TERMS AND CONDITIONS
As a Subrecipient of 19EMPG program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 19EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2019-EP-00003-S01, which are incorporated and made a part of this Agreement as Exhibit F.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.93
for all other purposes.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
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division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will
ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or Subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318 General procurement standards through 200.326 Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
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completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
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maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient’s procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department's or the Subrecipient's responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient
and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
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or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
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including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
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c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
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information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Subrecipient must send a completed “2 CFR Part 200 Subpart F Audit Certification Form”
(https://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms) to the Department
at the address listed above before this Agreement is executed and timely submit annual updates to the
Department every year thereafter, and if the Subrecipient is claiming it is exempt from the audit
requirements of 2 CFR Part 200 Subpart F include an explanation of the criteria for exemption.
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the state of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
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of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
“Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
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The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
C. – GT&C
Does the Subrecipient expect to request an
amendment to any agreement? The Subrecipient does not expect any amendments in the future.
Does the Subrecipient include the provisions
listed in A.10 in each of their contracts?
The Subrecipient does not utilize contracts that require these
provisions.
How long does the Subrecipient keep their
agreement records?
The City currently keeps all agreement documents and records for 7
years, in both electronic and paper format.
Does the Subrecipient require technical
assistance in this area? No
Additional observations None
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Exhibit C
WORK PLAN
FY 2019 Emergency Management Performance Grant
D. – Work Plan
Does the Subrecipient have any
activities they would like to
highlight?
The Subrecipient communicated that they were not as successful this year with
disaster education due to the COVID-19 pandemic which caused closures and large
events to be canceled. They’ve done their best to get information out to the
community but were unable to meet the original goals.
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Does the Subrecipient require
technical assistance in this area? No
Additional observations None
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Exhibit D
TIMELINE
FY 2019 Emergency Management Performance Grant
E. – Timeline
Did the Subrecipient meet all
deadlines? The Subrecipient has met all timelines with 17, 18, and 19EMPG; a stellar 9 of 9.
Additional observations None
DATE TASK
June 1, 2019 Grant Agreement Start Date
January 31, 2020 Submit reimbursement request
April 30, 2020 Submit reimbursement request
August 31, 2020 Grant Agreement End Date
October 15, 2020 Submit final reimbursement request, final report, training
requirement report, and/or other deliverables.
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Exhibit E
BUDGET
FY 2019 Emergency Management Performance Grant
• The Subrecipient will provide a match of $44,925 of non-federal origin, 50% of the total project cost (local
budget plus EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be
reimbursed without prior written authorization from the Department.
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Funding Source: U.S. Department of Homeland Security - PI# 793PT– EMPG
F. – Budget Status as of 08/07/2020
Overall assessment:
No budget amendments needed, and discussed the 10% variance.
Additional observations
The subrecipient did not fully expend the 19EMPG funding. Due to COVID-19
response and shutdowns the City was not able to complete many of the public and
staff trainings. In search of replacement costs, the Subrecipient did not uncover any
emergency management expenses to apply for and did not request any workplan or
budget modifications.
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Exhibit F
19EMPG Award Letter
EMS-2019-EP-00003-S01
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G. – Award
Does the Subrecipient require
technical assistance in this area? No
Additional observations None
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R&R REVIEW RESULTS
H. – Equipment/Purchase Review
Comment No equipment viewed during virtual visit.
I. – Subrecipient Feedback (during visit)
The Subrecipient sincerely appreciates all the support from the State especially from Gary Stumph
J. – Summary and Feedback
Areas of Concern/Summary
The POC advised he is going to retire at the end of January 2021 and Scott Currie,
the EM Coordinator will also be retiring in the middle of 2021.
Technical assistance from PGS staff is available when the new staff arrive.
Technical assistance needed
and/or requested and timeline
for completion
PGS will follow-up with the equipment inventory fields during the next back-up
documentation review.
Corrective actions and plan for
implementation N/A
Reviewed by _________________________________________
Signature
_________________
Date
10/21/2020