HomeMy WebLinkAbout4814RESOLUTION NO. 4 8 1 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, FORMALLY
ACCEPTING A GRANT FROM THE WASHINGTON
STATE MILITARY DEPARTMENT IN THE AMOUNT
OF SIXTY 11N0 THOUSAND TWO HUNDRED
EIGHTEEN DOLLARS ($62,218.00) FROM THE
UNITED STATES DEPARTMENT OF HOMELAND
SECURITY EMERGENCY MANAGEMENT
PERFORMANCE GRANT PROGRAM, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE NECESSARY AGREEMENTS TO
ACCEPT SAID FUNDS
WHEREAS, the City created and maintains an active Emergency
Management Program; and
WHEREAS, the United States Department of Homeland Security makes
available Emergency Management PerFormance Grant monies to local
emergency management programs; and
WHEREAS, the Washington State Military Department, Emergency
Management Division has approved a grant of those monies to the City of
Auburn Emergency Management program.
NOW, THEREFORE, THE CtTY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The City Council of the City of Auburn does
hereby accept the Washington State Military Department, Emergency
Management Division offer of a grant in the amount of Sixty Two Thousand
Two Hundred Eighteen Dollars ($62,218.00) as the City's allotment of annual
Emergency Management Performance Grant monies.
Resolution No. 4814
May 16, 2012
Page 1 of 2
Section 2. implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED AND SIGNED THIS '7�� DAY OF JUNE, 2012.
CITY OF AUBURN
.
PETER B. LEWIS
MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
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Resolution No. 4814
May 16, 2012
Page 2 of 2
Washington State Military Department
HOMELAND SECURITY GRANTAGREEMENT FACE SHEET
1. Sub-grantee Name and Address� 2. Grant Agreement Amounk 3. Grant Agreement Number.
City of Aubum
25 W Main Street 562,219 E12-302
Auburn WA 98001-4916
4. Sub-grantee Contact, phone number. 5. Grant Agreement Start Date• 6. Grant Agreement End Date
Sarah Miller, 253-876-1909 June 1, 2012 August 31, 2013
7. Department Program Manager,p hone number: 8, Data Unlversal Numbering System (DUNS); 9. UBI #(state revenue):
Sierra Wardell, (253) 512-7121 32942575 171-000-010
10. Funding Authority: ,
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14, TIN:
Agreement #: Funding Code (PI): (CFDAj # 8 Title: 91-6001228
EMW-Z012-App-00071 723PT 87.042 EMPG
15. 5erv'ice Districts: 16. Service Area by County(ies): 17. Women/Mnority-Owned, State
(BY LEGISLATIVE DISTRICT): 30, 31, 47 K(ng, Pierce Certified?: X N/A � NO
(BY CONGRES510NAL DISTRICT): 8, 8 O YES, OMWBE #
18. Agreement Ciassification 19. Contract Type (check all that apply):
❑ Personal Services O Client Services X PublidLocal Gov't ❑ Contract X Grant X Agreement
O Collaborative Research ❑ A/E � Other ❑ Intergovemmental (RCW 39.34) ❑ interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type (check all that eppiy)
X"To all who apply 8 qualify' ❑ Compe6tive Bidding ❑ Private OrganizatioNindividual ❑ For-Profit
❑ Sole Sourcs ❑ A/E RCW ❑ N/A XPu blic OrganizatioNJurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
Z2. PURPOSE:
Provide U.S. Department of Homeland Security (OHS) Emergency Management Performance Grant {EMPG) funds to
loca! ju�isdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF. the Department and Sub-Grantee adcnowledge and accept the terms of this Grant Agreement, including aU
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Shee� Special Terms 8� Conditions (Exhibit A); General Terms and
CondiGons (Exhibit 8); Work Plan (Exhibit C); Mlestone Timeline (Exhibit Dj; Budget (Exhibit E)� and ali other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency In this Grant Agreement, unless otherwise provided h�rein, the inconsistency shall be resolved by giving
precedence in the following order.
1. Applicable Federal and State Statutes and Regulatlons
2. Work Plan
3. Special Terms and Conditions
4. General TeRns and Conditions, and,
6. Other provialons of the grsM agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
R THE FOR TH T:
r„� --3
� ^� —/ (
Signature Date Signature ace
Dan Swisher, Chief Financial Officer Peter B. Lewis, Mayor
Emergency Management Division
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
APPROVED AS TO FORM (if applicable):
Brian E. Buchholz, Signature on fiJe Date 6/t3/2012 ApplicanYs Legal Review Date
Assistant Attome General
Form 8/1 312 01 2 wjq
DHS-FEMA-EMPG-FFY 12 Page 1 of 24 City of Aubum
E 12-302
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
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB-GRANTEE MILITARY DEPARTMENT
ARTICLE II — ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS-FEMA-EMPG-FFY 12 Page 2 of 24 City of Auburn
E 12-302
existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "FY 2012 Emergency Management Pertormance Grants (EMPG)
Program Funding Opportunity Announcement (FOA)", which can be found at
http://www.fema.gov/governmenUgrant/empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub-grantee 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 Attachment #1 Attachment #1 attached to
andattached to and made a part of this Agreement.
ARTICLE III — REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and/or backup documentation for any approved budget line items including travet
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting a
signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be
submitted at least bi-annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub-grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements".
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement.
DHS-FEMA-EMPG-FFY 12 Page 3 of 24 City of Auburn
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ARTICLE IV — REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the DepartmenYs key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
ARTICLE V — EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the date
of disposal and sale price of the property.
4. Records for equipment shall be retained by the Sub-grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and 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 Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee 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.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
DHS-FEMA-EMPG-FFY 12 Page 4 of 24 City of Aubum
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b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sut�grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-grantees who receive pass-through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2012 EMPG Program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only b� provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary cert�cations and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located at
http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII — PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII — SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of pertormance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
DHS-FEMA-EMPG-FFY 12 Page 5 of 24 City of Auburn
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f. 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.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS
A Sub-grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X — NIMS COMPLIANCY
1. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2012 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD)-5, Managemenf of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nation sub-grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY11. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/n ims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five-Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and/or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five-Year N/MS
Training Planj. NIMS training guidance is available on FEMA's NIMS Resource Center at
http://www.fema.gov/emergency/nims/NIMSTrainingCourses.shtm.
ARTICLE XI — EMPG SPECfFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY12 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local/tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118-09 regarding emergency management assistance
funds was awarded a sub-grant based on the size of their agency's emergency
DHS-FEMA-EMPG-FFY 12 Page 6 of 24 City of Aubum
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of a62,219 of non-federal origin. Match (cost share)
may be cash or in-kind. To meet matching requirements, the Sub-grantee contributions
must be reasonable, allowable, allocable and necessary under the grant program and must
comply with all Federal requirements and regulations, including but not limited to 2 CFR
Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate mechanism must be
in place to capture, track and document match.
5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee 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 Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee 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
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY12
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
DHS-FEMA-EMPG-FFY 12 Page 7 of 24 City of Aubum
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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 Grant Agreement, the following terms will have the meaning set
forth below:
a. "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.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent" means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW° — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT RFCJI IIRFMFNTC nnir�i i mini� ni I A�ACAIf1\ACAIT[�\
Non-federal entities as subrecipients that expend �500,000 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 the Office of Management and
Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than a500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A-133. As defined in Circular A-133, the term
"non-federal entity" means a State, local government, or non-profit organization, and the
term "State" includes Indian tribes. Circular A-133 is available on the OMB Home Page
at http://www.omb.gov.
SUB-GRANTEES required to have an audit must ensure the audit is pertormed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as
found in the Government Auditing Standards (the Revised Yellow Book) developed by
DHS-FEMA-EMPG-FFY 12 Page S of 24 City of Aubum
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the Comptroller General and the OMB Compliance Suppiement. The SUB-GRANTEE-
grantee has the responsibility of notif�ring its auditor and requesting an audit in
compliance with Circular A-133, 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 Circular A-
133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for 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 SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the DepartmenYs sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; 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.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SU&GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant 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 SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 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 SUB-GRANTEE 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.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or vofuntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB-GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' "Debaned Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE 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,
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direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The SUB-GRANTEE and all its contractors 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), 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 Buifding 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 the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or 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
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, 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
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omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant 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 SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE'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-liabilitv. 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 govemment in carrying out the provisions of the Stafford Act.
A.13 LIMITATION OF AUTHORITY — Authorized Sianature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE 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.14 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a"Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. 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.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.16 NONDISCRIMINATION
The SUB-GRANTEE 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,
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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 Grant Agreement.
A.17 NOTICES
The SUB-GRANTEE shall
required by applicable local,
compliance.
comply with all public notices or notices to individuals
state and federal laws and shall maintain a record of this
A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safery and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 POLITICAL ACTIVITY
No portion of the funds provided he�ein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public o�ce or influence the
approval or defeat of any ballot issue.
A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant 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 Grant 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.22 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
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 SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or othervvise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant 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 Grant Agreement termination. Repayment by the SUB-
GRANTEE 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 thereof, including
attorney fees.
A.24 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant 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 SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant 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 SUB-GRANTEE, 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 SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or 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.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB-GRANTEE 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 Grant
Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB-GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE 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 Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemptoyment 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 SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
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commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES. FEES AND LICENSES
Unless othen�vise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Nofinrithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
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 DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE 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 SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SU&GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take 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 Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference befinreen the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
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The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE'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 Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE 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 Grant 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 SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant 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 SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB-
GRANTEE under the orders and sub-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 sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which,
if the Grant Agreement had been completed, would have been required to be
furnished to the DEPARTMENT;
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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 Grant
Agreement which is in the possession of the SUB-GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE 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.36 WAIVERS
No conditions or provisions of this Grant 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 Grant 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 Grant Agreement.
A.37 VENUE
This Grant 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 Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
Approved 6/13/2012
DHS-FEMA-EMPG-FFY 12 Page 18 of 24 City of Auburn
E 12-302
Exhibit C
� 2012 Emergency Management Program Workplan
�
f-
>
vAgency: City of Auburn
a
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the
five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding, however, there are
required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to
communicate and warn, educate the ublic, train and exercise, lan and be NIMS com liant
Core Mitigation: Planning. Response: Planning. Protection: Public Information
Capability or and Warning. Also satisfies State Communications and Warning and Planning
EMF requirements.
� General Plan for 12EMPG:
• Complete Hazard Mitigation Plan revisions and submit to State and FEMA for approval.
• Complete interim updates to CEMP.
� Com lete re uirements to renew certificate as a StormRead Ci .
Core
Capability or Response: Operational Coordination. Also satisfies State Training and
Exercise requirement.
EMF
2 General Plan for 12EMPG:
• Participate in Evergreen Quake exercise.
• Conduct internal EOC training for staff and volunteers.
• Send staff and volunteers to additional trainin relevant to o erational coordination.
Core Prevention: Public Information and Warning. Mitigation: Long-term
Capability or Vulnerability Reduction. Also satisfies State Public Education
EMF requirement.
3 General Plan for 12EMPG:
• Complete 4 CERT courses, which include terrorism awareness training.
• Conduct Map Your Neighborhood programs and general Disaster Preparedness presentations to
the ublic.
Core
Capability or Response: Operational Coordination. Also satisfied State NIMS
4 Compliance requirement.
EMF
General Plan for 12EMPG:
• Maintain NIMS com liance and file annual re ort in NIMSCAST.
DHS-FEMA-EMPG-FFY 12 Page 19 of 24 City of Aubum
E12-302
Exhibit D
MILESTONE TIMELINE
FFY12 Emergency Management Performance Grant Program
DHS-FEMA-EMPG-FFY 12 Page 20 of 24 City of Auburn
E12-302
Exhibit E
_ Budget Sheet
FFY12 Emergency Management Performance Grant Program
Category Amount
Salaries and Benefits $50,719
Travel $2,500
Equipment $1,500
Supplies $3,000
Subcontractor $4,500
FFY12 EMPG Award 62,219
• The award for City of Auburn is based on the FFY11 allocation factor of 18.1% of approved
IocaUtribal emergency management operating budgets.
• City of Auburn will provide a match of 50% of the total project cost ($62,219) of non-federal
origin.
• A total of 5% of this award can be used to pay for management and administration of this
contract.
• Cumulative changes to budget categories in excess of 10% of the contract award will not be
reimbursed without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The DepartmenYs Reimbursement Spreadsheet will accompany each reimbursement
request submitted.
• The Contractor agrees to make all records available to Military Department staff, upon
req uest.
Funding Source: U.S. Department of Homeland Security - PI# 723PT — EMPG
DHS-FEMA-EMPG-FFY 12 Page 21 of 24 City of Auburn
E 12-302
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are re uired by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a)
of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WNID. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1.
DHS-FEMA-EMPG-FFY 12
Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current
Page 22 of 24
City of Aubum
E 12-302
DIJNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DiINS)
number obtained from the firm Dun and Bradstreet (D&B) (www,dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The W1�ID, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 7go(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 7go(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 12 Page 23 of 24
City of Aubum
E 12-302
WORKSHEET
Subrecipient Agency: C,,�-t-� �� ��
Grant and Year� ,�j�p ({ ad�a
Completed by' gp�� mlu.�—
Name
Date Completed:x '��� �a
' , � .� , '�� . ,�r,tii: , � r�� � . ����$'�`�:,i. v�' ts''�' . , � . ,.
I Agreement Number: ,.� � a _
�..4�n.r vy �p-t7P
Is your grant agreement less than $25,000? I 1.- '
. �*, .'�z� .�r.:�;.,s#A '�+ '�°;,.', ,a . , .. � . ,
.r` t�.:y, s �%: .., ,'i�°kf„ m:�
In your preceding fiscal year, did your YES
organization receive SO°k or more of its annual r- ,
gross revenues from federal funding?
`� �'i.���� " '�� -- �s t �.'��#i�..��"'�< ,. � �;, : ;
In your preceding fiscal year, did your YES
organization receive $25,000,000 or more in �... ,
federal funding?
�s;. . ti. > - , , , . . � `;
Does the public have access to infortnation about YES
the total compensation' of senior executives in r- ,
your organization?
.��ir; -� F :��,-�;�LL���.;�� -�:-����a: �
Executive #1 Name:
Totai Compensation amount: $
Executive #2 Name:
Totai Compensation amount: $
Executive #3 Name:
Totai Compensation amount: $
Executive #4 Name:
Total Compensation amount: $
Name•
:P`1
STOP, no further analysis
needed GO to Step 6
tp.7 � , . ,
GO to STEP 3
GO to STEP 4
STOP, no further analysis
needed GO to step 6
. ... �.;'• . �
NO
�� GO to Step 2
� �r'�..� . ., . '
.r
NO STOP, no further
�1 analysis needed GO
y� to Step 6
NO STOP, no further
� � analysis needed GO
t0 St@D B
NO
�- , GO to STEP 5
Executive #5 Total Compensation amount: $
� . �.�»;�:;�;�- a,��:xr >'�' ,� �,��,�.� �y,y �.<- ��;���vSTEP"6�;�. 1 . ., . , _.. �
tA4'� eJLP�,,,.t:'�0�� °i": � .++.
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Exam�le: "Our oraanization received less than $25.000."
(Xs.�- ��r�Z.A �7�1 P�wED c.�5s -Tt�,q� $o�o c�c' -�,JNu..�� 4�oss
2�v�.rcc�s �� a�.�.e.,Ai �c���4 � '
Date: � � 1 �
' Total mpensa n refers to:
• S ary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
� Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/om b/open
http://www.hrsa.gov/grantsfffata. html
http://www.gpo.gov/fd sys/pkg/F R-2010-09-14/pdf/2010-22705. pdf
http://wuvw. g ra n ts . g o v/
DHS-FEMA-EMPG-FFY 12 Page 24 of 24
City of Aubum
E12-302