HomeMy WebLinkAbout5285 RESOLUTION NO. 5 2_8 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AND ACGEPTING THE HAZARD MITIGATION
GRANT FOR RESERVOIR 1 SEISMIC CONTROL
VALVE
WHEREAS, the City of Auburn ("City"), Washington, provides drinking
water to its customers within its water service area from its own water supplies;
and
WHEREAS, Reservoir 1 is the City's largest water storage reservoir with a
eapacity of 5.0 million gallons; and
WHEREAS, large diameter pipes convey water from the reservoir to the
distribution system; and
WHEREAS, if a pipe breaks during an earthquake, the large vol.ume of
water in the reservoir will quickly flow out of the reservoir, causing local flooding,
and loss of pressure within the water distribution system; and
WHEREAS, installation of an automatic seismic control valve will retain
water in the reservoir and lessen the negative impacts of an earthquake; and
WHEREAS, installation of seismic control valves at the City's reservoirs
was identified in the City's Comprehensive Water Plan (October 2015); and
WHEREAS, the City applied for and received approval from the
Washington State Military Department for a Hazard Mitigation Grant (Grant No.
D16-010) to provide partial funding for the project entitled ``Reservoir 1 Seismic
Control Valve"; and
Resolution No.
February 6, 2017
Page 1 of 2
WHEREAS, it is in the best interest of the City to enter into an agreement
with the State for a grant to mitigate a potentially life threatening hazard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an
agreement befinreen the City and the State of Washington for the receipt and
utilization of hazard mitigation grant funds for Reservoir 1 Seismic Control Valve,
which agreement shall be in substantial conformity with the agreement attached
hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is, authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effeet and be in full force
upon passage and signatures hereon.
Dated and Signed this�day of �� , 2017.
CITY OF AUBURN
ATTEST:
N NCY B S, MAYOR
� �
Danielle . Daskam, City Clerk �
APPR �D A TO FORM:
' I B. eid, ' ttorney
Resolution No.
February 6, 2017
Page 2 ofi 2
Washington State Military Department
HAZARD MITIGATION GRANT AGREEMEiVT FACE SHEET
1. Sub-Grantee Name and Address: 2. Total Grant Amounf: 3. Grant Number:
City of Auburn $200,000 D16-01.0
25 W.Main Street
Auburn,WA 98001 Up to$150,000 F,$25,000 S,$25,000 L
- - -- __ _ ___ ___ .
4. Sub-Grantee Confact,phoneJemaii: 5. Grant Start Date: 6. Grant End Date:
Susan Fenhaus(253)804-5061 September 15,2016 April 2,2018
sfen haus@au burnwa.gov
_ -
7. Deparfinent Program Manager, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(sta4e revenue):
Tim Cook,(253)512-7072 032942575 171-000-010
Tim.cook@mil.wa.gov
10. Funding Authority:Washington State Military Department(the"DepartmenY'),and Federal Emergency Management Agency(FEMA)
11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst. 14. TIN or SSN:
_
FEMA-4168-DR-WA-6-R 744F2/742L3 (CFDA)#&Title: 97.039(HMGP) 91-6001228
_ _
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRIC�:30, 31 &47 Gertified?: x N/A ❑ NO
(BY CONGRE.SSIONAL DISTRIC'n` 8&9 King and Pierce County � YES, OMVIIBE#
_._ _ __ . _ _ - .._ . _.
18. Contracf Glassification: 19. Contract Type(check atl that apply):
❑ Personai Senrices ❑ Client Services x Public/Local Gov't ❑ Confract x Grant x Ag�eement
� Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20, Gontractor Selection Process: 21, Contractor Type(check alt that apply)
x "To all who apply&qualify" ❑ Competitive Bidding 0 Private Organizafion/Individuai ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A x Public Organization/Jurisdiction x Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ❑NO 0 VENDOR x SUBRECIPIENT x OTHER
22. BRIEF DESCRIPTION:
FEMA's Hazard Mitigation Grant Program provides grants for mitigation planning and cost-effective mitigation actions after a
Presidential disaster declaration to reduce the risk of loss of life and property damage in future disasters.Title:Project 4168-6-R
—Reservoir 1 Seismic Control Valve-Provide funds to City of Auburn to install seismic control valve at the City's largest reservoir,
preventing water from escaping from the reservoir in case of an earthquake. Project details are noted in Attachment 3 -
Certification and Assurances, Attachment 4 — Statement of Work and/or Description of the Project, Attachment 5 - Project
Development Sched.u.l.e, Attachment 6 - Project Budget, and the FEMA approved project application, each of which are
incorporated herein by 4his reference.
— _
IN 1NITNESS WHEREOF,the Departme.nt and Sub-Grantee acknowledge and accept the terms of this Grant Agreement,exhibits,references and
attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet; Special
Terms & Conditions (Attachment 1); General Terms and Conditions (Aftachment 2); Certification and Assurances (Attachment 3); Statement of
Work andlor Description of Project(Attachment 4); Project DeVelopment Schedule(Attachment 5); Project Budget(AttacHment 6); and all other
documents,exhibifs and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon bythe parties
and govem tfie righfs and obligations of the parties fo this Grant Agreement. No other understandings, oral or otherwise, regarding the subject
mafter of this Grant A reement shall be deemed to exisf or to bind an of the arties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in fhe following order:
1. Apqlicable Federal and State Statutes and Regulations
2. Statement of Work and/or Project Description as outlined in FEMA approved Project Application
3. Special Terms and Conditions
4. General Terms and Conditions,and,
5. Otfier ro�isions of the contract incor orated 6 reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year las#specified below.
FOR THE DEPARTMENT: FO THE -GRANTEE:
• °��
Signature Date ignature Date
Richard A.Woodruff, Contracts Officer Nancy Ba s, Mayor
Washington State Military Deparfinent Cify of Aub
BOILERPLATE APPROVED AS TO FORM: APR � D A T nn� FEB 2 2 2017
Brian E. Buchholz(signature on file) 1/28/2014
Assistant Attorne General Date
orm 8/2014
HMGP Page 1 of 37 City of Auburn, D16-010
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I - KEY PERSOiVNEL:
1. The individuals listed below shall be considered key personnel and point of contaet. Any
substitution by either party must be submitted in writing.
SUB-GRANTEE MILITARY DEPARTMENT
Name'` Susan Fenhaus Name,;� Tim Cook.
Title _ _: Water Utility Engineer Title :. State Hazard:Miti ation Officer
E=Mail`: sfenhaus auburnwa. ov ;E Mail: Tim_.cook mil.wa., ov . "':
�Phone'` 253-804-5061 `;Phone;: 253=5�12.r7072..,_ ;; ...� ." :
.:.
-.. .�
Name.;' Lisa Tobin `Name". Cour.tne 'Merwin . �.. ` .. . '
Title ;;' Utilities Engineering Manager Title _=.." Haz`ard Mitigation Grant
- Program Coordinator.;;
E_Mail,�u Itobin auburnwa. ov E Mail'; Courtne"�.merwi;n m_il wa. o�`'":;
Phone'; _253-804-5062 :Phone`: 253=512-7460 �:
_ _ -,. _. ._ . . .
Name Consuelo Ro el 'Name ' - `
Title . ': Financial Analyst Title ��:
E=Mail.: crogel@auburnwa.gov E-Mai.l
„ .
Phone,: _253-804-5023 Phone_ '�
ARTICLE II —ADMINISTRATIVE AND/OR FINANCIAL MANAGEMENT AND ACCOUNTING:
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 FEMA grants are listed here for reference only, and include but are not limited
to, the following:
1. Applicable FEMA CFR and Program Guidance provisions:
e Title 44 Code of Federal Regulations(CFR) Part 206, Subpart N(206.430- .440), Hazard
Mitigation Grant Program.
s Title 44 CFR Part 79, Flood Mitigation Grants.
o Title 44 CFR Part 80, Property Acquisition and Relocation for Open Space.
• Title 44 CFR Part 7, Nondiscrimination in Federally Assisted Programs.
• Title 44 CFR Part 9, Floodplain Management and Protection of Wetlands.
o Title 44 CFR Part 10, Environmental Considerations.
• Title 44 CFR Part 16, Enforcement of Nondiscrimination on the Basis of Handicap.
s Title 44 CFR Part 17, Government wide Requirements for Drug-Free WorKplace.
s Title 44 CFR Part 18, New Restrictions on Lobbying.
o Hazard Mitigation Assistance Uni�ed Guidance, FEMA, July 12, 2013.
2. Cost Principles:
• 2 CFR Part 220 — OMB Circular A-21, as revised, Cost Principles for Educational
Institutions.
0 2 CFR Part 225 as revised, Cost Principles for State, Local and Indian Tribal
Govecnments.
• 2 CFR Part 230 as revised, Cost Principles for Non-Profit Organizations.
3. Administrative Requirements:
HMGP Page 2 of 37 City of Auburn, D16-010
• 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
o OMB Circular A-102, as revised, Grants and Cooperative Agreements with State and
Local Governments.
• 2 CFR Part 215—OMB CircularA-110, as revised, Uniform Administrative Requirements �
for Grants and Cooperative Agceements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations.
4. Audit Requirements:
• OMB Circular A-133, as revised, Audits of States, Local Governments, and Non-Profit
Organizations.
5. 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 retum
to the Department Attachment 7 attached to and made a part ofthis Agreement.
_ _
ARTICLE III —COMPENSATION SCHEDULE:
1. PROJECT FUNDING
The Department will administer the Hazard Mitigation Grant Program and will pass through
the federal match and commit the required state match. The Sub-Grantee will eommit fhe
required local match.
a. The total cost of the project (total project cost) for the purposes of this Grant Agreement
is $200,000 dollars; PROVIDED that; if the total cost of the project when completed, or
when this G�ant Agreement is terminated, is aetually less than above, the actual eost shall
be substituted herein.
b. The value of the contributions by the Sub-Grantee to the project shall be $25,000 dollars,
or 12:5 percent, at minimum; of the total project cost. The Sub-Grantee's contributions
may be cash or in-kind, must be from a non-federal source, must be reasonable, allowable
and allocable, and must comply with all Federal requirements and regulations.
c. When the Department enters into an agreement with the Federal Emergency Management
Agency (FEMA) to contribute federal funds to this project, that federal contribution will be
$150,000 dollars, or 75 percent of the total project eost, whichever is less.
d. The value of the contributions by the Department to the project shall be $25,000 dollars,
or 12.5 percent, at minimum, of the total projeet cost. The Department's contributi�ns
►nust be from a non-federal source and must comply with all Federal requirements and
regulations.
e. The Department sha.11 .not be obligated to pay any amount beyond that set out in
Subseciions c and d above, unless that additional amount has been approved in advance.
by both the Department and Sub-Grantee and is incorporated by written amendment into
this Grant Agreement.
f. Except as provided in Article III, 1. g. of this Agreement, some flexibility to shift funds
between budget categories is allowed as follows; Transfer of funds befinreen total direct
cost categories in the approved budget will not be reimbursed without the prior written
authorization of the Department and FEMA when such cumulative transfers among those
approved cost categories exceed 10 percent of the total budget. Approved budget
categories are as specified or defined in the Projecf Budget, Attachment#6.
g. Transfer of funds between construction and non-c.onstruction budget categories is allowed
only upon prior written_ approva� and authorization of the Department. Approved budget
categories are as specifed or defined in the Project Budgef, Attachment#6.
2. GRANT AGREEMENT PERIOD
Activities payable under this Grant Agreement and to be performed by the Sub-Grantee under
this Grant Agreement shall only be those after the obligation of federal funds on September
HMGP Page 3 of 37 City of Auburn, D16-010
15, 2016 and shall terminate on April 2, 2018. This period shall be referred to herein as the
Geant Agreement Period and/or Period of Ferformance, unless expressly stated otherwise.
Costs incurred during the Grant Agreement Period shall include pre-award costs authorized
in writing by FEMA as well as eligible costs incurred after the effective date of the Grant
Agreement Period and before termination.
a. The Sub-Grantee shall complete the project as described in the FEMA approved project
application 4168-6-R, incorporated in and made a pait of fhis Agreement by reference,
and as described in Attach.ments #4, #5 and #6. In the event of extenuating
circumstances, the Sub-Grantee may requesf, in writing,that the Department extend the
deadline for Grant Agreement completion. The Department may, in its sole discretion,
extend the deadline only by written amendment to this Agreement.
b. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the Department may have under
this Grant Agreement, the amounts set out in Article III, section 1. Proiect Fundinq,
above, may be reduced to exclude any such expenditure from participation.
c. Failure to complete the project in a timely manner, as outlined in Attachment #5, is a
material breach of this Grant Agreement for which fhe Department is entitled to termination
or suspension under Attachment 2, section A.32.
3. P_ROJECT PAYMENT(s)
The Department, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended, and the State of Washington, for the Hazard
Mitigation Grant Program, shall issue payments to the Sub-Grantee as follows:
a. Payment for eligible; reim4ursable work completed and billed on an A-19, Voucher
Distribution, upon reeeipt of acceptable documentation, to include, but not limited to,
copies of receipts for all goods and services purehased, copies of invoices from
contraefors and subcontractors for work completed, and copies of timesheets for staff
involved with the project, sign-in/sign-out sheets for donated personnel and/or volunteer
fime spent on the project, and documentation to support other in-kind contributions.
b, The Department reserves the right to wifhhold dis6ursement of up to 10 percent of the
total project cost, as specified in Article III, section 1, Project Funding,to the Sub-Graritee
until the project has been completed and given final approval by the Department.
c. Final Payment: Final payment of any remaining, or withhetd, funds will be made within 60
days after submission by the Sub-Grantee of tiie fnal report, final A-19, Voucher
Distribution, and completion of all final inspections by the Department.
Final payment by the Department also may be conditioned upon a financial reyiew, if
determined necessary by the Department. Adjustments to the final payment may be made
following any audits conducted by the Depart,ment, Washington State Auditor's Office,the
United States Inspector General, or their authorized representatives.
ARTICLE IV— DOCUMENTATION
Tfie Sub-Grantee is required to retain all documentation which adequately identifies the source
and application of all mitigation grant funds for six years following the closure of this grant. For
all funds received, source documentation includes adequate accounting of actual costs and
reeoveries incurred.
ARTICLE V—REPORTS:
1. In addition to fhe reports as may be required elsewhere in this Grant Agreement, the Sub-
Grantee shall promptly prepare and submit the following reports to the Department's Key
Personnel:
a. Quarterly progress reports, no later than the 15�"day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
HMGP Page 4 of 37 City of Aubum; D16-010
quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the Sub-G�antee should note any challenges or
issues associated with ths prqjeet. Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the Sub-
Grantee until a complete quarterly report is received by the Department.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
an estimate of the percentage of completion, and shall indieate the deg�ee of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
ARTICLE VI—TIME EXTENSIONS
A time extension request for Grant Agreement completion must be submitted by the Sub-Grantee
to the Department no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project has not been
completed within the approved Feriod of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work, Failure to timely submit a complete time extension
request may result in denial of fhe time extension and loss of funding for the project.
ARTICLE VII —SUBRECIPIENT MONITORING:
1. The Department may monitor the use of project funding; costs, and activities by the Sub-
Grantee under this Grant Agreement during the Period of Performance and for the life of any
equipment purchased under this Grant Agreement for compliance with federal and state laws
and regulations, 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.As a subrecipient of federal fi.nancial assistance under Circular
A-133, the Sub-grantee shall complete and return to the Department Attachment 8 "OMB
Gircular A-133 Audit Certification Form" with the signed Grant Agreement and each fscal
year thereafter until the Grant Agreement is closed, which form is incorporated in and made
a part of this Agreement.
2. Monitoring activi:ies may include, but are r�ot Iimited to:
a. Review of quarterly project performance reports;
b. Review of all documentafion related to Sub-Grantee completion of Grant Agreement
deliverables and compliance with the Grant Agreement;
e. Review of reimbursement requests to ensure allowability and consistency with Grant
Agreement budget;
d. On-site visits with the Sub-Grantee and of the project to review work in progress,
equipm.ent records and inventories, verify source documentation for reimbursement
requeSts and performance reports, verify other supporting documentation, and verify
completion of the project funded under this GrantAgreement.
3. As a subrecipient of federal funds, the Sub-Grantee is required to meet or exceed the
monitoring activities, as outlined above, for all contractors, consultants, and subrecipients
who receive pass-through funding from this Grant Agreement.
ARTICLE VIII —CLOSE-OUT
To initiate close-out, the Sub-Grantee is required to certify in writing the date completed and tofal
amount expended on the project on FINAL PROJECT REPORT form to the Department. After
HMGP Page 5 of 37 City of Auburn, D16-010
receipt of the FINAL PROJECT REPORT form, the Department will conduct a site inspection and
review supporting documentation for compliance with the requirements of the Grant Agreement.
Prior to project close-out, the Sub-Grantee shall provide the Department with acceptable
documentafion supporting compliance with the Grant Agreement. General documentation
supporting compliance with the Grant Agreement typieally includes, but is not limited to, the
fotlowing:
s Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
• Digital geospacial coordinates(latitude and longifude)for each structure with an accuracy
of± 20 meters (64)feet.
o Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-eompliant.
• Certification that the Sub-Grantee has met the environmental and historic preservation
conditions of#he grant award as described in this Grant Agreement.
• Copies of all compliance and consultation documentation required by the grant award as
described in the Grant Agreement (e.g., coastal zone management consistency
determination from Department of Ecology).
• Copies of all documentation relafed to inspection for and re.moval and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, tbe following:
• Signed Statement of Voluntary Participation from owner of each acquired property.
• Documentation of dates of acquisition and structure demolition or removal from property
for each property.
o Copy of recorded open space deed restrictions for each acquired property.
• Copy of AW-501 form filed wifh National Flood Insurance Program for each acquired
repetitive loss property.
• Documentation of consultation with Army Corps of Engineers and State Department of
Transportation regarding future use of each property.
Specific additional documentation requirements for projects to elevate structures above the base
flood elevafion inelude, but are not limited fo, the following:
e Photographs of the structures prior to elevation, and froht, rear and side photos post-
elevation.
o Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
o Copies of the post-project elevation certificate for each structure.
• Copies of certificate of occupancy for each elevated structure to certify that it is code
eompliant.
o Certi�cation by an engineer,floqdplain manager or other senior official of the Sub-Grantee
that each completed structural elevation is in compliance with local ordinances and
National Flood Insurance Rrogram regulations and technical bulletins.
• Copy of AW-501 form filed with National Flood Insurance Program for each elevated
repetitive loss property.
o Copies of proofi of flood insurance for each elevated structure.
• Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area..
The Department will consult with the Sub-Grantee regarding other documentation requirements
of fhe Grant Agreement throughout the Period of Performance.
HMGP Page 6 of 37 City of Auburn, D16-010
ARTICLE IX—ADDITIONAL SPECIAL CONDITIONS
1. CONSTRUCTION DOCUMENTS. CONTRACTS. CHANGE OBDERS
— - __ _
a. Construction Document App�oval: The Sub-Grantee agrees to submit one copy of ail
construction plans and specifications to the Department for review and approval rip or to
solicitation of bids for construction. Review by the Department will be for compliance with
the terms of this Grant Agreement.
b. Construction Contracts: Construction contracts shall be awarded through a process of
competitive bidding, if required by federal, state and local law and in compliance with
applicable procurement requirements of 44 CFR Part 13, section 13.36. Copies of all bids
and contracts awarded shall be submitted to the Department upon request. Where all
bids are substantially in excess of project estimates, the Department may, by notice in
writing, suspend the project for determination of appropriate action, which may include
terminafion of the Grant Agreement.
c. Consfruction Change Order; All change orders must be in writing and shall be submitted
to the Department. The Sub-Grantee shall pay any increase in the cost of the project as
the result of a change order, unless the Department has agreed to the change with a
written amendment to this Grant Agreement.
2. RROCUREMENT
The Sub-Grantee shall comply with the requirements of 44 CFR Part 13, section 13.36,
Procurement, when procuring senrices, supplies, and property funded by this grant
agreement. The Sub-Grantee must use its own procurement procedures which are consistent
wifh applicable State and local laws and regulations,provided that the procurements conform
to applicable Federal law and the standards identified in 44 CFR Part 13, section 13.36.
Depending upon the scale of the procurement and the type of services or property to be
procured under this Grant Agreement, the Sub-Grantee must use one ofi the following for its
procurement:
a, Small purchases.The Sub-Grantee shall obtain price or rate quotations from an adequate
number of qualified sources for securing services, supplies, or other property that do not
cost more than the federal simplified acquisition threshqld, currently set at $100,000.
b. Sealed bids (formal advertisingj. The Sub-Grantee shall publicly solicit and award a firm-
fixed-price contract (lump sum or unit price) to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitafion for bids, is the lowest
in price.
c. Compet�tive proposals:The Sub-Grantee,whsn conditions are not appropriate for the use
of sealed bids, shall solicit competitive proposals when more than one source is submitting
an offer, and either a fixed-price or cost-reimbursement ty"pe contract is awarded.
d. Non-competitive proposals. The Sub-Grantee may procure services or property through
solicitation of a proposal from only one source, or after solicitation of a number of sources
if eompetition is determined inadequate. Procurement by noncompetitive proposals may
be used only when the awa�cl of a contract is infeasible under small purchase procedures,
sealed bids or competitive proposals, and one of the following circumstances applies: the
item is available only from a single source; the public exigency or emergency for the
requirement will not permif a delay resulting from competitive solicitation; the Department
authorizes noncompetitive proposals; or competition is determined inadequate after
solicitation of a number of sources.
The Sub-Grantee must maintain a contract administration sysiem which ensures that
contractors perform in aceordance with the terms, conditions, and specifications of their
contracfs or purchase orders.
The Sub-Grantee will make awards only to responsible contractors possessing the ability to
perform suecessfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contracto� infegrity, compliance with public
policy, record of past performance, and financial and technical resources.
HMGP Page 7 of 37 City of Auburn, D16-010
The Sub-Grantee will maintain records sufficient to detail the significant history of the
procurement. These records will include, but are not limited to the following: rationale for the
methotl of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
The Sub-Grantee will conduct all procurement transactions in a manner providing full and
open competition consistent with the standards of 44 CFR Part 13, section 13.36:
3. ACQUISITION AND MANAGEMENI"OF EQUIPMENT
The Sub-Grantee agrees that all equipment purchased under this Grant Agreement will be
recorded and maintained in the Sub-Grantee's equipment inventory system, in complianee
wifh 44 CFR 13.32; Equipment,
a. Upon successful completion of the terms of this Grant Agreement, all equipment
purchased through this Grant Agreement will be owned by the Sub-Grantee:
b. The Sub-Grantee shall be responsible for any and all operation and maintenanee
expenses and for the safe operation of their equipment including all questions of liability.
c. The Sub-Grantee shall maintain equipment records that include: a description of the
property;fhe manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalog ofi Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cosf; the location, use and condition of the
equipment at the date the information was reported; and disposition data including #he
date of disposal and sale price of the property.
d. Records for equipment shall be retained by the Sub-Grantee for a period of six years f�om
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 reco�ds shall be retained by fhe
Sub-Grantee until all litigation, claims, or audit find.ings involving the records have been
resolved.
e. 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 defermined 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 fhe existence, current utilization, and
continued need for the equipment,
f. 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.
g. The Sub-Grantee will develop adequate maintenance procedures to keep the property in
good condition..
h. If the Sub-Grantee is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
i. 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:
i. 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 awartling agency.
ii. Items of equipment with a current per-unit fair ma�ket value of more than$5,000 may
be retained or sold and the Sub-Grantee shall compensate the Federal-sponsoring
agency for its share.
j. As a subrecipient of federal funds,the Sub-Grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all contractors,
HMGP Page 8 of 37 City of Auburn, D16-010
consultants, and subrecipients who receive pass-through funding from this grant
agreement.
4. As_a_recipient of federal financial assistance under.this_Aareement, the Sub-ctrantee
- -
shall complv with all applicable state and federal statutes,_reaulations, executive
orders, and ctuidelines, includinq but not limited to the followinq^
a. All applicable state and federal statutes, regulations and executive orders relating
to nondiscrimination, including but not limited to the following: (a) Title VI of the
Civil Righfs Act of 1964, as amended (42 U.S.C. 2000d et seq.) which prohibits
discrimination on the basis of race, color or national origin; (b)the Civil Rights Act
of 1968(42 U.S.C. 3601),which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability,
familial status, and sex; (c) Tifle IX of the Education Amendments of 1972, as
amended (20 U.S.0 §§1681 et seq.), which p�ohibits discrimination on the basis
of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.0
§794), which prohibits discrimination on the basis of disability; (e) the Age
Discrimination Act of 1975, as amended(42 U.S.0§§6101 et seq.),which prohibits
discrimination on the basis of age; Q) Clean Air Act of 1970, (k) Clean Water Act
of 1977, (n) Coastal Weflands Planning, (o) Protection, and Restoration Act of
1990, (fl the Fair Wousing Amendments Act of 1988, as amended (42 U.S.C.
§§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; (g) the Americans with Disabilities Act, as amended (42
U.S.C. §§ 12101-12213) which prohibits discrimination on the basis of disability;
and (h) Executive Order 13166 Improving Access to Services for Persons with
Limited English Proficiency.
b. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to environmental and historical preservation, including but not
limited to the following: (a) the Coastal Wetlands Planning, Protecfion and
Restoration Act of 1990� as amended (16 U.S.C. 3951 et seq.), Executive Order
11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S:G.
§7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387)
and Executive Order 11738; (c) floodplains management pursuant to EO 11988,
as amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L.
92-583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as
amsnded(42 U.S.C. §4321); (e)the Safe Drinking WaterAct of 1974, as amended
(FL 93-523); (fl fhe Endangered Species Act of 1973, as amended (PL 93-205);
and (g)the National Historic Preservation Act, as amended (FL 89-665, 16 U.S.C.
§470 et seq.) and 36 CFR Part 800.
a The Drug-Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2
CFR 3001, 44 CFR Pa�t 17):
d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22
U.S.C. §7104) and 2 CFR §175.
e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes
of�esearch, and the requirements in DHS Directive 026-04.
f. The requirements of the Animal Welfare Act of 1966, as amended(7 U.S.C. §2131
et. seq.).
g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of
1968, as amended (42 U.S.G: §4001 et seq.).
h. The USA Patriot Act of 20A1, as amended (18 U.S.C. §§175-175c).
i. The Fly America Act of 1974, as amended (49 U.S,C. §40118) and the interpretive
guidelines issued by the Comptroller General of the United States March 31, 1981,
amendment to Comptroller General Decision B138942.
j. The False Claims Act (FCA) (31 U.S.C. § 3729).
HMGP Page 9 of 37 City of Auburn, D16-010
k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring
that all conference, meeting, convention, or training space funded in whole or in
part with Federal funds complies with the fire prevention and control guidelines of
the Federal Fire Frevention Cont�ol Act of 1974, 15 U.S.C. §2225.
5. The Sub-qrantee must complv with anv Federal requirements to acknowledQe Federal fundinq
when issuina statements; press releases, reauests for proposals, bid invitations, and other
documents descr'ibina proiects or proarams funded in whole or in part with Federal funds.
6. The Sub-qrantee must obtain FEMA and Department of Nomeland Securitv (DHS) approval
prior to usinq the FEMA or DHS seal(s), loqos, crests or reproductions of flaqs or likenesses
of DHS aqencv officials, includinq use of the United States Coast Guard seal, locto, crests or
reqroducfions of flaQs or likenesses of Coast Guard officials.
7. The Sub-arantee must ensure that anv qroiect activities_carried on outside the United States
are coordinated as necessarv with appropriate 4overnment aufhorities and that appropriate
licenses, permits, or approvals are obtained.
8. If durina the past three vears,the recipient has been accused of discrimination on the qrounds
of race, eolor, national oriqin (includinQ limited Enqtish proficiencv), sex,.aqe, disabilitv,
reliaion, or familial status,the Sub-qrantee must p�ovide a list of all such proceedinqs, pendinq
or completed, includinq outcome and coqies of settlement aareements to the Department for
forwardinq to the DHS awardina office and the DHS Office of Civil Riqhts and Civil Liberties:
In the event anv court or administrative aaencv makes a findinq of d'iscrimination on qrounds
of race, color, national oriain (includin4 limited Enalish proficiencv), sex, aqe, disabilitv.
reliqion, or familial status aqainst the Sub-qrantee, or the reciqient settles a_case or matter
alleqinq such discrimination, recipients must forward a copv of the complaint and findinqs to
the DHS Component andLor awar.dina office. The United States has the riqht to seek iudicial
enforcement of these obliqafions.
9. If the Sub-qrantee collects personallv identifiable information(PII),the Sub-.arantee.must.have
a publicallv-available policv that describes what PII is collected, how the PII is used, whether
the PII is shared with third parties, and how individuals mav have their PII corrected as
necessaN.
10. The Sub-qrantee and anv of its sub-recipients are required to be non-delinquent in repavment
of anv Federal debt.
HMGP Page 1D of 37 City of Auburn, D16-010
Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDIT/ONS
Mitigation 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, offiee, unit or other entity of the Department, or any of the officers
or other officials lawfully representing that Department.
a. '`Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accounfable 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.
b. "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.
c. "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.
d. "Monitoring Activities" means a►1 administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities, and policies.
e. "Project" shall mean those acfivities as described in the FEMA approved project
application 4168-6-R,which are incorporated in and made a part of this Agreement by
referenee, and as described in Attachments#4, #5 and #6.
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 REQUIREMENTS (includina all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sourees, direct and indirect, are required to have
a single or a program-specific audit eonducted in accordance with 2 CFR Part 200 Subparf
F or Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Ocganizations (amended June 27, 2003, effective for fiscal
years ending after December 31, 2003, and further amended June 26, 2007); as
applicable. 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/Circular No. A-133. As defined in 2 CFR Part 200/Circular A-133, the term
"non-federal entity" means a State, local government, Indian tribe, institution of higher
edueation, or non-profit organization that carries out a federal award as a recipient or
subrecipient.
Sub-grantees that qualify as subrecipients 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 Sub-grantee has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F%Circular A-133, to include the ,
HMGP Page 11 of 37 City of Auburn, D16-010
Washington State Auditor's Office, a federal auditor, or a pubtic accountant performing
work using GAGAS, as appropriate, Costs of the audit may be an allowable grant
expenditure as authorized by 2 CFR Part 200 Subpart F/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 cosfs 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:
Contracts Office
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 2 CFR Part 200 Subpart
F/Circular A-133, Sub-grantee must send a letter identifying this Grant Agreement and
explaining the criferia for exemption no later than nine(9)months after the end of the Sub-
grantee fiscal year(s) to:
Contracts Office
Washington Military Department
Finan�e Division, Building#1 TA-2Q
, Camp Murray, WA 98430-5032
The Departme.nt retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of th.is provision has been established.
The Sub-grantee shall include the above audit requirements in any sub-confracts.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F/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 2 GFR Part 200 Subpart F/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 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/Circular A-133; the withholding or disallowing of overhead eosts; the
suspension of federal awards until the audit is conducted and submitted; or termination of
the federal award.
HMGP Page 12 of 37 City of Auburn, D16-010
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 MODIFIGATIONS
The Sub-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 ororal, 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 AFPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND
BREACH
The Department relies upon the Sub-Grantee's application in making its determinations
as to eligibility for, selection for, and scope of funding grants. Any misrepresentation,error
or inaccuracy in any part of the applieafion may be deemed a breach of this Grant
Agreement.
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 Volun#ary Exclusi�n form, Any such
fbrm completed by the Sub-grantee for this Grant Agreement shall be incorporated into
this Grant Agreement by�eference.
Further, the Sub-grantee agrees to comply with all applicable federal regulafions
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 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 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 System for Award Management
(http:/Mnnrw.sam.qov) maintained by the federal govemment. 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' "Debarred Contractor List"
(http�/hniww.Ini.wa.qov/TradesLicensinq/PrevWape/AwardinqAqencies/DebarredContractors�.
HMGP Page 13 of 37 City of Auburn, D16-010
A.8 CERTiFICATfON REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sub-grantee 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 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
a.ny 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, "Disclosu�e
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 confracts
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.9 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 ofithe go�erning body of the jurisdiction in
which the project is undertaken or located; and no other official of such the Su6-g�antee
who exercises any functions or responsibilities with respect to the project during his or her
tenure, sha)I have any personal or pecuniary gain or interest, direct or indirect, in any
contract, subcontract, or the proceeds fhereof,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.10 COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES
The Sub-grantee and all its contractors shall comp�y with, and the Department is not
responsible for determining compliance with, any and all applieable federal, state, and
I�cal laws, regulations, executive orders, CMB 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),
fhe Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as
amended), Ethics in Public Serviee (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 9D.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 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.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 Sub-
grantee's responsibilities with respect to serViees provided under this Grarit Agreement is
HMGP Page 14 of 37 City of Auburn, D16-010
prohibited except by prior written consent of fhe 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 contract, 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 Contractor 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 DUPLICATION OF BENEFITS
The Sub-Grantee agrees that the mitigation grant funds for which federal or state
assistance is requested does not; or will not; duplicate benefits or funds received for the
same purpose from any other source. The Sub-Grantee will pursue full payment of eligible
insurance benefits for properties covered in a project under this Grant Agreement. The
Sub-Grantee will repay any mitigation grant funds that are duplicated by other benefits, '�
funds, or insurance proceeds.
A,14 HAZARDOUS SUBSTANCES
The Sub-Grantee shall inspect and investigate the proposed
development/construction site for the presence of hazardous substances. The
Sub-Grantee shall fully disclose to the Department the results of its inspection and
investigation and all other knowledge the Sub-Grantee has as to the presence of
any hazardous substances at the proposed development/construction project site.
The Sub-Grantee will be responsible for any associated clean-up costs.
''Hazardous Substance`' is defined in RGW 70.105D:020 (10).
A.15 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 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 acfivities 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 authocized agents and employees in any litigation;
including payment of any costs o� 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 fhe concurrent negligence of(1)the Department, and (2) the
Sub-grantee, its agents, or employees, this indemnity provision sha.11 be valid and
enforceable only to the extent of the negligence of the Sub-grantee, or Sub-grantee's
agents or employees.
HMGP Page 15 of 37 City of Auburn, D16-010
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 government
in carrying out the provisions of the Stafford Act.
A.16 LIMITATION OF AUTHORITY—Authorized Sianature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement: On_ly the pepartment's Authorized Signature
representative and the Authorized Signafure representative of the Sub-grantee or
Alternate for the Sub-grantee, formally designated in writing, shall have the express,
implied, or apparent authority to alter, a.mend; 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 Alfernate for the Sub-grantee shall have signafure 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.17 LOSS OR REDUCTION OF FUNDING
In the event funding from state, fede�al, 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 Ag�eement as a "Termination for Cause"without providing the
Sub-grantee an opportunity to cure. Alternatively, the parties may renegotiate the terms
of fhis Agreement under "Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.18 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be
transferred or assigned by the Sub-grantee.
A.19 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, raee, 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 benefts
of, or otherwise be subjected to discrimi.nation under any project, program, or actiVity,
funded, in whole or in part, under this Grant Agreement.
A.20 NOTICES
The Sub-grantee shall comply with all public notices or notices to individuals required by
applicable local, state and fede�al laws and shall maintain a record of this compliance.
A.21 QCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHANVISHA)
The Sub-grantee represents and warrants that its work place does now or will meet all
applicable federal and state safety and hea.lth 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 liab'ility, damages and costs of any nafure, ineluding but
not limited to, costs of suits and a.ttorneys' fees assessed against the Department, as a
result of the failure of the Sub-grantee fo so comply.
HMGP Page 16 of 37 City of Aubu.rn, D16-010
A.22 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.23 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.24 FRIVACY
Fersonal information collected, used or acquired in connection with this agreement shall
be used solely for the purposes of this agreement. Sub-Grantes and its subcontraetors
agree not to release, divulge, publish, transfer, sell or otherwise make known to
unauthorized persons personal information without the express written consent of the
Department or as provided by law or court order. Sub-Grantee agrees to implement
physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The Department reserves the right to rnonitor, audit, or investigate the use of personal
information collected, used or acquired by the Sub-Grantee through this contract. The
monitoring, auditing or investigating may include but is not limited to "salting" by the
Department. Salting is the act of placing a record containing unique but false information
in a database that can be used later to identify inappropriate disclosure of data contained
in the database.
Any breach of this provision may result in termination of the contract and the demand for
return of all personal information. The Sub-Grantee agrees to indemnify and hold
harmless the Department for any damages related to the Sub-Grantee's unauthorized use,
loss or disclosure of personal information.
For purposes of this provision, personal information includes, but is not limited to,
information identifiable to an individual that relates to a natural person's health, finances,
education, business, use or receipt of governmental services, or other activities, names,
addresses,telephone numbers, social security numbers, driver license numbers,finaneial
profiles, credit card numbers, financial identifiers and other identifying numbers.
A.25 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.26 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 conneetion 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 publieity 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 otherwise use,
and to authorize others to use the work for government purposes.
HMGP Page 17 of 37 City of Auburn, D16-010
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 constifute an endorsement by FEMA or reflect FEMA's views.
A.27 RECAPTURE PROVISION
In the event the Sub-grantee fails to expend funds under this Agreement in aecordance
with applicable federal, state, and local laws and/or the provisions of the Grant Agreement,
the Department reserves the right to recapfure 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.28 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 reeords related to this Grant Agreement and the projects funded
may be inspected and audited by the Department or ifs designee, by the Office of the
State Auditor, DHS, FEMA ortheir designees,by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for fhe
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;
togefher 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.29 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department u�de�takes to assist the Sub-grantee with the pro;estlstatement 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, construcfion, 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 fhe 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 eonnecfion
HMGP Page 18 of 37 City of Auburn, D16-010
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.30 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.31 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.
As required by Section 694 of the "Post-Katrina Emergency Management Reform Act"
(P.L. 109-295),which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts
or agreements with private organizations, firms or individuals for debris clearance, ,
distribution of supplies, reconstruction, and other major disaster assistance activities, shall '
be awarded to those organizations; firms and individuals residing or doing business
primarily in the geographical area affected by the disaster, to the extent feasible and
practicable. Such contracts or agreements with private organizations,firms,or individuals,
not residing or doing business primarily in the geographical area affected by the declared
disaster shall be jusfified in writing in the Sub-Grantee's contract file, with documentation
pco�ided to the Department. Contracts in place prior to a declarafion should be
transitioned to such local organizations, firms or individuals unless the head of the Sub-
Grantee organization deterrrSines that it is not feasible or practicable. This determination
must be documented in the Sub-Grantee's grant agreement file, with documentation
provided to the Department. The transition requirement should not be construed to require
an Sub-Grantee to breach an existing contract.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-eontractors must contain the following provisions
regarding procurement, per 44 CFR Part 13.36('i):
1) Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract te�ms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2) Termination for cause and for convenience by the grantee or sub-grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of$10,000).
3) Compliance with Executive Order 11246 of September 24, 1965, entitled ``Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).
(All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub-grantees).
4) Compliance with the Copeland "Anti-Kickback'' Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction or repair).
5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations(29 CFR part 5). (Construction contracts in excess
HMGP Page 19 of 37 City of Auburn, D16-010
of $2,000 awarded by grantees and sub-grantees when required by Federal grant
program legislation).
6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.G. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of$2,000, and in excess of$2,500 for ofher contracts which involve
the employment of inechanics or laborers).
7) Notice of awarding agency requirements and regulations pertaining to reporting.
8) Notice of awarding agency requirements and regulafions pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contraet.
9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10)Access by the grantee, fhe sub-g�antee, the Federal grantor ageney, 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.
11)Retention of all required reeords for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12)Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protecfion Agency
regulations(40 CFR part 15). (All contracts, sub-contracts, and sub-grants of amounts
in excess of$100,000).
13)Mandatory standards and policies relating to energy efficiency which a�e eontained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 94-163, 89 Stat. 871).
The Department reserves the right to review the Sub-Grantee procurement plans and
documents, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requiremenfs of 44 CFR Part 13.36. The Sub-
Grantee 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 Sub-Grantee and Department to make a
determination on eligibility of project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.32 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 Gra.nt
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 Stafe 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, unemployment insurance benefits, social securiry benefits, retirement
membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
HMGP Page 20 of 37 City of Auqurn, D16-010
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 commission, that
tfie officers and employees are employed by the state of Washington in their own right
and not by reason of this Grant Agreement.
A.33 TAXES. FEES AND LICENSES
Unless otherwise provided in this Grant Agreement,the Sub-grantee shall be responsible
for, pay and maintain in current stafus 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.34 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub-grantee may terminate
this Grant Agreement by providing written notice of such te�mination to the Department'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 orin part by providing ten(10)calendar days written notice, beginning
on the second day after mailing to the Sub-grantee. Upon notice of terminafion fo�
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 offunds. In the event of termination, flie 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:35 TERMINATION OR SUSPENSION FOR CAUSE
In fhe event the Department; 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 fhis
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 fhe need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Sub-grantee 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 liability for damages or otherwise affect any other remedies ava'►lable to the
Department. If the Department allows the Sub-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#o 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 between 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
HMGP Page 21 of 37 City of Auburn, D16-010
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 addifion 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.36 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 pertormance 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 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 eause, 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 addifion to any other rights and remedies provided by law.
After receipt of a notice of termination, and exeept as otherwise directed by the
Department in writing, the Sub-grantee shall:
�. Stop work und�r#he 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 fo� 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 orall 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 fo the Department and deliver in fhe manner, at the times, and to the
extent directed by the Department any property which, if the Grant Agreement had
been completed, would have been required to be furnished to the Department;
f. Complete performance of such part of#he work as shall not have been terminated
by the Department in compliance with all contractual requirements; and
HMGP Page 22 of37 City of Aubum, D16-010
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.37 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreemenf specif'ically 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.38 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.39 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 Agreernent or to exercise any right based upon
a breach thereof, or the acceptance of any performance during such breach, shall not
constifute a waiver of any right underthis Grant Agreement.
A.40 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.
HMGP Page 23 of 37 City of Auburn, D16-010
Attachment 3
CERTIFICATION AIVD ASSURANCES
,_ , . .
FEMA Form 20-16B: Assurances . C.onstruct�on Pro "rams
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact the awarding agency. Further, certain Federal assistance awarding
agencies may require applicants to certify to additional assurances. If such is the case, you will
be notifed.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assista.nce, and the institutional, managerial and
�nancial capability (including funds su�cient to pay the nonfederal share of project costs)
to ensure proper planning, management and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General of the United States, and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the assistance; and will
establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without prior permission and instructions from the awarding
agency. Will record the Federal interest in the title of real property in accordance with
awarding agency directives and will include a covenant in the title of real property acquired
in whole or in part with Federal assistance funds to assure nondiscrimination during the
useful life of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the
drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be
required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizafional conflict of inte�est, or
personal gain.
8. Will comply, as applicable, with the Intergovernmental Personnel Act of 1970 (42 USC
Sections 4701 et seq.) relating to prescribed standards for rnerit systems for programs
funded under one of the nineteen statues or regulations specified in Appendix A of OFM's
Standards for a Merit System of Personnel Administration (5 GFR 900, Subpart F).
9. Will comply, as applicable, with the Lead=Based Paint Poisoning Prevention Act (42 USC
chapter 63), as amended.
10. Will comply, as applicable, with all state and federal statutes, regulations and executive
orders relating to nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (PL 88=352, 42 USC Section 2000d) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 USC Sections 1681 et seq.), which prohibits discrimination on the
basis of sex; (c)Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended (29
USC Section 794), which prohibits discrimination on the basis of disabilities; (d) the Age
HMGP Page 24 of 37 City of Auburn, D16-010
Discrimination Act of 1975, as amended (42 USC Sections 6101 et seq.), which prohibits
discrimination on the basis of age; (e)the Drug Abuse Office and TreatmentAct of 1972(PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (fl the
Cornprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) 42 USC Section 290-dd-2, as amended, relating to confidentiality
of substance abuse patient records; (h)the Fair Housing Act(42 USC Section 3601 et seq.),
as amended, relating fo nondiscrimination in the sale, rental or financing of housing; (I) any
other nondiscrimination provisions in the specific stafute(s) under which application for
Federal assistance is being made; and, (j)the requirements of any other nondiscrimination
statute(s) which may apply to the application.
11. Will comply, or has already complied, as applicable, with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), as
amended, which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and Federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless
of Federal participation in purchases.
12, Will comply, as applicable, with the provisions of the Hatch Act (5 USC Sections 1501 et
seq.), as amended, which limit the political aetivities of certain employees whose principal
employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with labor and wage provisions related to certain federally
assisted contracts (e.g., the wage rate requirements in the Davis-Bacon Act, 40 USC
Sections 3141 et seq., as amended, the Copeland Anti-Kickback provisions in 40 USC
Section 3145 and 18 USC Section 874, as amended, and the Contract Work Hours and
Safety Standards in 40 USC Sections 3701 et seq.).
14. Will comply, as applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection AcY of 1973 (PL 93-234), as amended.
15. Will comply, as applicable,with environmental standards which may be prescribed pursuant
to the following: (a) protection and enhancement of environmental quality pursuant to the
National Environmental Policy Act of 1969 (PL 91-190), as amended, and Executive Order
(EO) 11514, as amended; (b) administration of the Clean Air Act and the Federal Water
Pollution Control Act with respect to federal contracts, grants, or loans pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990, as amended; (d) floodplains
management pursuant to EO 11988, as amended; (e) the Coastal Zone Management Act
of 1972 (PL 92-583), 16 USC Section 1451 et seq.; (fl Air Qualify and Emission Limitafions
pursuant to 42 USC Section 7401 et seq,; (g) the Safe Drinking Water Act of 1974 (PL 93-
523), as amended; and(h)the Endangered Species Act,of 1973 (PL 93-205), as amended.
16. Will comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (PL 90-542), 16
USC Section 1271 et seq., as amended.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966 (PL 89-665), as amended, 16 USC Section 470, as
amended, EO 11593 (protection and enhancement of the cultural environmenf), and the
Archaeological and Historic Preservation Act, 16 USG Section 469 et seq., as amended.
18. Will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act of 1984, the Single Audit Act Amendments of 1996, and applicable OMB
Circulars.
19. Will comply with all applicable requirements of all other federal laws, Executive Ortlers,
regulafions, Circulars, and policies governing or applicable to this program.
20. Will comply, as applicable, with the Federal Fair Labor Standards Act, 29 USC Section 201
et seq..
HMGP Page 25 of 37 City of Auburn,D16-010
21. Will obtain approval, if required, by the appropriate Federal agency of the final working
drawings and specifications before the project is advertised or placed on the market for
bidding; will construct the project, or cause it to be constructed, to final completion in
accordance with the approved plans and speci�cations; will submit to the appropriate
Federal agency for prior approval changes that alter the cost of the project, use of space, or
functional layout; and will not enter into a construction contract(s)for the project or undertake
other activities until the conditions of the construction grant program(s) have been met.
22. Will operate and maintain the facility in accordance with the minimum standards as may be
required or prescribed by the applicable Federal, State, and local agencies for the
maintenance and operation of such facilities.
23. Will require the facility to be designed to comply with the "American Standard Specification
for Making Buildings and Facilities Accessible to, and Usable by, the Physically
Handicapped," Number A117.- 1961, as modified (41 CFR 101-17.703). The applicant will
be responsible for conducting inspections to ensure compliance with these specifications by
the contractor.
24. If any real property or strucfure thereon is provided or improved with the aid of Federal
financial assistance extended to the applicant, this assurance obligates the applicant; or in
the case of any transfer of such property, the transferee, for the period during which fhe real �
property or structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits.
25. In making subgrants wifh nonprofit institutions under this Comprehensive Cooperative
Agreement, it agrees that such grants will be subject to OMB Circular A-122, "Cost
Principles for Nonprofit Organizations" included in Vol. 49, Federal Register, pages 18260
through 18277 (April 27, 1984).
Authorized Signature
Authorized Applicant Agent:
�
Nancy Backus, Mayor
Date:
Alternate Authorized Signature
Authorized Alternate Applicant Agent:
Lisa Tobin, Utilities Engineering Manager
Date:
HMGP Page 26 of37 City of Auburn, D16-010
Attachment 4
STATEMENT OF WORK AND/OR DESCRIPTIOiV OF PROJECT
Sub-Grantee: City of Auburn
PROJECT TITLE: Reservoir 1 Seismic Control Valve
The purpose of this project is for City of Auburn to install and make fully functional a seismic
control valve at the Gity of Auburn's Reservoir 1, preventing water from escaping from the
reservoir in case of an earthquake. Reservoir 1 is loca.ted at 2003 Auburn Way South, Auburn,
WA 98002.
A specific and more detailed scope of work is found in the FEMA approved Project Application
4168-6-R, which is incorporated herein by reference.
City of Auburn Agrees To:
1_ Comply with the terms of this Agreement and all Attachments, including but not limited to, �
accomplish tasks and conditions outlined in the Statement ofi Work And/Or Description of
Projeef-Attachment 4, cornply with the Project Development Schedule-Attachment 5, and
comply with the Project Budget-Attachment 6.
2. Submit quarterly reports that cover the previous three months no later than the 15�' of the
following month (or the next work day) in January, April, July and October until all
requirements are fulfilled. Quarterly reports are required regardless of the level of work
completed during the reporting period. Quarterly reports must include sufficient narrative to
determine the degree to which the project has been implemented, the estimated time for
eomplefion, and significant developments such as delays or adverse conditions that might
raise costs or delay completion, as well as faVorable conditions allowing lower costs or ea�lier
completion. Failure of the Sub-Grantee to submit a complete quarterly report within 15 days
following the end of the quarter will result in suspension of all payments until a complete
quarterly report is received by the Department.
3. Supmit pen-and-ink signed; approved invoice vouchers (state form A-19) for eligible,
reimbu�sable work completed, no more frequently than monfhly and no less frequently than
quarterly. Each billing must identify the task(s) completed and any other funding identification
pertinent to the task(s), including match. Supporting documentation is required for all costs,
to include tracking of staff fime spent on the projeet fhrough timesheets or other
documentation approved by the Department; dated invoices from all contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnei,equipment and supplies, if used on
the project, Project costs must be tracked and reported by approved budget cost categories
as found in Project Budget, Attachment 6. Documentation of expenditures by approved
budget cost categories should be made on a separate spreadsheet or table and included with
each A-19, along with documentation to substantiate all project costs.
4. Return by Department staff of invoices to the Sub-Grantee if the Sub-Grantee is unable to
provide Sufficient documenfation to staff within 15 calendar days of the staff's written request
for additional documentation to support the reimbursement request.
5. Submit a signed final projeet report before final reimbursement is made by fhe Department.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the Sub-Grantee must adhere to the following programmatic,
environmental and historic preservafion conditions:
a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are
permissible as long as they do not change the nature or total project cost of the activity,
properties identified in fhe applieation, the feasibility and effectiveness of the project, or
reduce the Benefit Cost Ratio below 1.0. Reguests must be supported by adequate
justification, ineluding a deseription of the proposed ehange; a written explanation of the
reason or reasons for the change; an outline of remaining funds available to support the
change; and a full description of the work neeessary to complete the activity.
HMGP Page 27 of 37 City of Auburn, D16-010
A proposed change to the approved Scope of Work(as presented in the FEMA approved
project application) must be submitted to the pepartment and FEMA in advance of
implementation for re-evaluation for compliance with National Environmental Policy Act
(NEPA) and other Laws and Executive Orders. Prior approval for a change to the
approved Scope of Work must be obtained from the Department and FEMA before the
change is implemented. Failure to obtain prior approval for a revised Scope of Work could
result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain
all appropriate federal, state and local environmental permits and clearances may
jeopardize federal funding provided by this Grant Agreement.
e. Ensure that all completed work is in compliance with applicable state and local buildings
codes and flood damage prevention legislation.
d. Monitor site work during ground-disturbing activities for evidence of potential
archaeological resourees that are uncovered. Sub-Grantee must halt the project in the
event historically or archaeologically significant materials or sites(or evidence thereofl are
discovered. By way of example, such evidence may include, but is not limited to, artifaets
such as arrowheads, bone fragments, pottery shards, and features such as fire pits or
structural elements. All reasonable measures must be taken to avoid or minimize harm
to such resources until such time as the Sub-Grantee notifies the Department, and FEMA,
in consultation with the State Historic Preservation Officer(SHPO)and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the ,
projeet is in compliance with the National Historic Preservation Act. In addition, upon
discovery of human skeletal remains, the Sub-Grantee is required by state law to notify
the county coroner and local law enforcement in the most expeditious manner possible
and to immediately stop any activity which may cause further ground disturbance.
e. Determine the presence of hazardous mate�ials and/or toxic waste, and identifying,
handling, managing, abating and disposing of such materials in accordance with the
requirements and to the satisfaction of the governing local, state and federal agencies,
including but not limited to the Washington Department of Ecology. Such materials may
include, but are not limited to, asbestos, lead-based paint, propane cylinders, sand
blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesficides, lead-acid batteries, items containing chlorofluorocarbons(CFCs), motor oil and
used oil filters, and unlabeled tanks or containers.
f. Conduct work during fhe non-flood season as determined by the local floodplain
administrator. However, should construction be required during the flood season, as
determined by the local floodplain administrator, all construction equipment shall be
staged in an area not susceptible to flood events or be readily transportable out of the
floodplain to minimize flood damage.
g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily
staged or disposed of in a floodplain and/or a wetland.
h. Confirm with the State Department of Ecology whether this project will require a
consistency determination under the Coastal Zone Management Act. If required, the Sub-
Grantee shall obtain and comply with all requirements of#he determination prior to starting
the project.
i. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control
soil erosion and sedimentation, reduce spills and pollution, and provide habitat protection.
The acquisition site shall be stabilized from erosion and silt laden runoff by implemenfing
these BMPs and securing the site from transient vehicle access. Any excavation and/or
grading shall be done within and/or adjacent to the existing building footprint area and not
beyond undisturbed portions of the site.
j. Resubmit the project to the Department and FEMA prior to implementation if any in-water
work will occur or if any work will occur below the ordinary high water mark of any water
resource in the area, so further coordination/consultation can take place with the National
HMGP Page 28 of 37 City of Auburn, D16-010
Marine Fisheries Service(NMFS)to determine whether appropriate measures have been
taken to ensure the project is in compliance with the Endangered Species Act.
k. Resubmit the project to the Department and FEMA for re-evaluation for compliance with
national environmental policies if the "Project Limits" (including clearing, excavation,
temporary staging, construction, and access areas) extend into: 1) an area not previously
identified for environmental and historic preservation review, or 2) previously undisturbed
ground. Additionally, all work on the project in these areas must stop until this re-
evaluation is completed.
I. National Historic Preservation Act Section 106 requirement: All proposed repair and
construction activities on buildings listed in or eligible for the National Register of Historic
Places (historic properties) should be done in-kind to match existing materials and
form, In-kind means that the result of the proposed activities will match all physical and
visual aspects of existing historic materials, including form, color and worKmanship. In-
kind mortar also will match the strength and joint tooling of existing historic mortar.
m. (Additional reauirements as noted bv FEMA in ctrant award document).
• n. Cost overruns in excess of the approval budget are fully the responsibility of the Sub-
Grantee, including those costs resulting from a change in the Scope of Work. The project
must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost
overrun.
For Hazard Mitigation Grant Program (HMGP) only: A request for additional funds to
cover a cost overrun may be granted by the Department and FEMA only if funds are
available within the HMGP ceiling forthis disaste�, FEMA-DR-4168-WA. A request for
additional funds must be fully documented and justified.
7. SPECIAL FLOOD HAZARD AREA REQUIREMENTS
Pursuant to the Flood Disaster Protection Act of 1973, those structures that remain in the
Speeial Flood Hazard Area (SFHA) after the implementation of the mitigation project, flood
insurance must be maintained for the life of the structure. The SFHA is defined as the land in
the floodplain within a community subject to a 1 percent or greater chance of flooding in any
gi�en year.
The followin.g National Flood Insurance Program Eligibility Requirements contained in the
2013 Hazard Mitigation Assistance Unified Guidanee apply to any project involving the
alteration of existing structures, to include Mitigation Reconstruction projects that are sited
within an SFHA.
a. When fhe project is implernented, all s�ructures that will not be demolished or rel�cated
out of the SFHA must be covered by a National Flood Insurance Program (NFIP) flood
insurance policy to an amount at least equal to the project cost or to the maximum limit of
coverage made available with respect to the pa.rticu.l.ar property, whichever is less.
b. The Sub-Grantee (or property owner) must legally record with the county or appropriate
jurisdiction's land records agency a notice that includes the name of the current property
owner(including book/page reference to record of current title, if readily available), a legal
description of the property, and the following notice of flood insurance requirements as
identified on page 44 of the 2013 Hazard Mitigation Assistance Unified Guitlance:
`'This property has received Federal haza�d mifigafion assistance. Federal law
requires that flood insurance coverage on this property must be maintained during the
life of the property regardless of transfer of ownership of such property. Pursuant to
42 U.S.C. § 5154a, failure to maintain flood insurance on this property may prohibit
the owner from receiving Federal disaster assistance with respect to this property in
the event of a flood disaster. The Property Owner is also required to maintain this
property in accordance with the floodplain management criteria of 44 CFR §60.3 and
City/County Ordinance."
c. Copies of the recorded notices for each property wi)I be provided to the Department at
project closeout.
HMGP Page 29 of 37 City of Auburn, D16-010
8. FROVISIONS APPLYING ONLY TO ACQUISITION OF FROPERTIES FOR OPEN SPACE
a. The Sub-Grantee must ensu.re that prospective participants are informed in writing that
p�operty owner participation in this acquisition program is voluntary and that the Sub-
Grantee will not use its eminent domain authority to acquire the property for the project
purposes should negotiations fail.
Copies of the Statement of Voluntary Participation/Notice of Voluntary Interest signed by
each participating property owner will be provided to the Department by project close-out.
b. The Sub-Grantee agrees that land acquired for open space purposes under this grant will
be restricted in perpetuity to open space uses and will be unavailable for the construction
of flood damage reduction levees, transportation facilities, and other incompatible
purposes.
c. The Sub-Grantee agrees to prepare, execute and record Deed Restrictions for each
affected property utilizing the current Model Deed Restriction provided on the FEMA
website or available from the Department.
Copies of the recorded deed and attached deed restrictions for each property will be
provided to the Department by project close-out.
d. The Sub-Grantee accepts all of the requirements of the deed restriction governing the use
of the land.
e. The Sub-Grantee ensures that, prior to acquisition of the property, in consultation with the
U.S. Army Corps of Engineers, if has addressed and considered the potential future use
of these lands for the consfruction of flood damage reduction levees, has rejected
consideration of such measures in the future in the project area, and instead has chosen
to proceed with acquisition of permanent open space.
Documentation of this consultation and the Sub-Grantee's consideration of this issue will
be provided to the Department by project close-out.
f. The Sub-Grantee must, prior to acquisition of the property; consult with the Washington
State Department of Transportation to ensure that no future planned improvements or
enhancements are under consideration that will affect the proposed project area.
Documentation of this consultation will be provided to the Department by project close-
out.
g. The Sub-Grantee will remove existing buildings from acquired properties within 90 days
of settlement. The Sub-Grantee will provide confirmation to the Department as to the date
of demolition of each structure included in the project in its quarterly reports, as well as
confirmation that the property has been returned to"natural"or park/open space condition,
The Sub-Grantee will provide digital latitude and longitude coordinates and digital
photographs of each property sife after project implementation to the Department by
project close-out.
h. The Sub-Grantee agrees to complete FEMA Form AW-501, NFIP Repetitive Loss Update
Worksheet for each property identi�ed on FEMA's Repetitive Loss list to document
completion of mitigation on the property. The form is available on FEMA's Web site or
available from the Department.
The Sub-Grantee will provide a copy of the completed form to the Department by project
close-out.
i. The Sub-Grantee agrees to comply with the requirements of 44 CFR § 80.19 Land Use
and Oversight, which are incorporated into fhese conditions by reference. These
requirements include, but are not limited to, the following (which are described further in
the 2013 Hazard Mitigation Assistance Unified Guidance and the Addendum to the 2013
Hazard Mitigation Assistance Unified Guidance which are incorporated herein by
reference):
1. Restriction on future disaster assistance for damages to the property.
HMGP Page 30 of 37 City of Auburn, D16-010
2. Lists of allowable open space uses as well as uses generally not allowed on
acquired open space land.
3. Provision for salvage of pre-existing structures and paved areas.
4. Requirements pertaining to future transfer of property interest.
5. Requirement for Sub-Grantee monitoring and inspection of the acquired property
at least every 3 years. The Sub-Grantee will provide the Department with a report
on the result of the inspection within 90 days of the inspection.
6. Provisions for enforcement of violation of open space requirements.
The Military Department Agrees To:
1. Provide sCaff coordination and input regarding grant administration for funding and technical
assistance for project and reviews for mitigafion eonstruction projects, as necessary.
2, Reimburse City of Auburn within 30 days of receipt and approval of signed, dated invoice
voucher(s) (state form A-19) with sufficient documentation of costs to include completion of
tasks to date and dated invoices for goods and services purchased. Costs must be
categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 6. The Department will return invoices to the Sub-Grantee if the Sub-Grantee is
unable to provide sufficient documentation within 15 calendar days of the Department's written
request for additional documentation to support the reimbursement request.
3. Coordinate with the staff of City of Auburn to schedule any sub-recipient monitoring, site visits
or final inspections by Department staff.
HMGP Page 31 of 37 City of Auburn, D16-010
Attachment 5
PROJECT DEVELOPMENT SCHEDULE
Sub-Grantee: City of Auburn
PROJECT TITLE: Reservoir 1 Seismic Control Valve
DESCRIPT/ON OF ACT/VITY/TASK SCHEDULED COMPLETION DATE
Consultant selection 3 Months
Contract negotiation/execution 3 Months
Preliminary design 2 Months
Detailed design 3 Months
Permitting 1 Month
Project bid 3 Months
Project construction 3 Months
Total Time Required to Complete This Project: 17 months
*Re uests for extension will be reviewed on a uarterl basis as necessa .
__ _
January 15, 2017;
April 15, 2017;
Quarterly Reports Due on Project Progress, July 15, 2017;
Final Project Report and all documentation, October 15, 2017;
site visits and inspections. January 15, 2018;
April 15, 2018;
July 15, 2018;
HMGP Page 32 of 37 City of Auburn, D16-010
Attachment 6
PROJECT BUDGET
Sub-Grantee: Citv of Auburn
PROJECTTITLE: Reservoir 1 Seismic_Control Valve
APPROVED BUDGET CATEGORY ESTIMATED COST
Administrative and legal expenses, etc. $5,000
Architectural, engineering, geoteehnical,
etc. $15,000
Project inspection fees $15,000
Site work $4,000
Demolition and removal $1;000
Construction $95,000
Equipment $50,000
Miscellaneous— Personnel, Fringe
Benefits, Travel, Equipment; Supplies, $15,000
Contractual, Other, Indirect, etc
TOTAL $200,000
Tracking and Reporting Project Costs: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19. Supporting documentation of
all eosts shall include, but not be limited to: tracking of staff time spent on the project
through timesheets or other similar documentation; dated invoices from contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documeritation of in-kind contributions of personnel, equipment and supplies.
Final Paymeni: Finai payment oT any remaining, or withheia, fiunds will be m�de upon
submission by the Sub-Grantee within 60 days of completion of the project of the final
report and an A-19, Voucher Distribution, and completion of all final inspections by the
Department. Final payment also may be conditioned upon a financial review, if determined
necessary by the Department. Adjustments to the final payment may be made following
any audifs conducted by the Department; Washington State Auditor's Office, the United
States Inspeetor General, or their authorized representatives.
Per HMGP program guidance, no cost overruns will be funded. If costs exceed the
maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess
of the approved budget. Project must remain cost effective (i.e., Benefit Cost Ratio of 1.0
or greater) in the event of cost overrun.
For Hazard Mitigation Grant Program only: A request for additional funds to cover a cost
overrun may be granted by the Department and FEMA only if funds are available within
the HMGP ceiling for this disaster, FEMA-DR-4168-1NA. A request for additional funds
must be fully documented and justified.
MMGP Page 33 of 37 City of Auburn, D16-010.
Attachment 7
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Fund.ing Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountabil.ity and Transpar.en.c.y Act.(FFATA) .was signed on September
26, 2006. The FFATA. legislatio.n requires information on federal awards (federal financial
' p ' ) 'p ingle, searchable website.
asststarice and ex enditures be made a�ailable to the. ublic via a s
Federal awards include grants, subgrants, loans, awards,cooperative agreements and other forms
of f naricial assistance as well as contracts,subcontracts,purchase orders,task orders,and delivery
orders.The legislation does notrequire inclusion of:indiv,idual 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 complia.nce Subrecipients are
reQuired by the Military Department to be familiar with the FFATA requirements and complete
_
this Worksheet for each contract for the State's submission iri to the FFATA portal. _
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Aecountability 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 entifies 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, rep��ting of tne 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 Guida.nce and this contract to provide the WMD, as the prime grant
awardee,all information required for FFATA compliant reporting by WNID. This ineludes
all applicable subawardee entity information required by FFATA and OMB Guidance,
subawardee DLTNS number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD.
System for Award Management (SAM) is a government wide registration system for
organizations that do business with the Federal Government. SAM stores information
about awardees including financial account information for payment purposes and a
link to D&B for maintaining current DUNS information, www.sam.gov. WMD
requires SAM registration and annual renewal by your organization to minimize
HMGP Page 34 of 37 City of Auburn, D16-010
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 Nuinbering Systein (DUNS) number
obtained from the firm Dun and Bradstreet(D&B)(www.dnb.com). A DUNS number
provides a method to verify data about your 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 WMD, 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 inforination about the compensation of the
senior executives of your organization thrqugh periodic reports filed under section
13(a)or 15(d)of the Securities and Exchange Act of 1934(15 U,S.C. §§78m(a),78o(d)
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 O1VIB
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), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the
names and total compensation for ilie five most highly conpensated officers of yaur
organization in the table below.
HMGP Page 35 of 37 City of Auburn, D16-010
WORKSHEET
Subrecipient Agency: City of Auburn
G�ant and Year: HMGP Hazard Mitigation Grant 2016 Agreement Number: FEMA-4168-DR-WA-6-R
Completed by: Susan Fenhaus Water Utilitv Enaineer 253-80_4-5061
Name Title Tele hone
Date Compieted; XXX 2016
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Is your grant agreement less than $25,000? �-� analysis needed, GO to r� GO to Step 2
, Step 6 ,
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organization receive 80% or more of its annual � GO to STEP 3 �.� analysis
gross revenues from federal funding? �, � , needed, GO to
Ste _6
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In yourpreceding fiscal year, did your YES NO STOP, no
organization receive$25,000,000 or more in � GO to STEP 4 � further
�- r:
federal funding? , � analysis
''4.�'"^.�;s�'�'� ` r*�'��:,.r'�Yh t y�vsx. .r��v..�..��,s..... :§..w��.��?�7TE'P,t�,�..-���u�..;�i..�"-'"ei�.M.�,J.,:+�Y yy�k�•�S� itz,.'�w'�s -� '%�� 'P. �v��.ti.�+.a�:...,.. ����
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,.. ,. _ u_ . _
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Does the public have acee.ss to information about YES STOP; no further NO
the total compensation'of senior executives in r� analysis needed, GO to �-� GO to STEP 5
your organization? , step 6 ,
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` ' j �Name : ; - �
Executive#1 - Tofal Compensation amount $ _ _ _
__ -------__ __.
Executive#2 Name:
Total Compensation amount: $
' Name :
�Executi�e#3 ;
____._ ._ ._.
� Tofal Corripensation amount: $� r ,: , ,� ,
Name:
Executive#4 Total Compensation amount: $
f Name 4` ',' ' : � � ,
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.-�'����TG�'�:.�.s�'�.4'...r.��;ik$�'� ��m'i43.�£^���s;�.3�,�`«a'v*?w. x�!.4�'S�i;�+^fi'�y,'���'S�M�i2�a�7;'-`.�"r.�„.�kn'���;��^.��.�..,��t..�t,'�s��:.�a�.i��*.��wc?t"�"�a�.:a.`:r.�:2it�������.��>7����4���.�!��.'_,:�;
If'yourorganization does not meet these criteria, specifically idenfify below each criteria that is not met for your
organization: For Example: "Our orqanization received less than$25.000."
Signature: : Date:
*Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
o Other compensation including, but not limited to, severance and termination payments
o Life insurance value paid on behalf of the employee
Additional Resources:
htfp://www.wh itehouse.qov/omb/open
http:%/www.h rsa.aov/Q ra nts/ffata.htm I
http�//uvww apo qov/fdsvs/pkq/FR-2010-09-14/pdf/2010-22705 pdf
h tt p://www.q ra n t s.q ov/
HMGP Page 36 of 37 City of Auburn, D16=010
Attachment 8
OfV1B Circular A-133 Audit Cerfiification Form
Audits of States; Local Governments, and Non-Profit Organizations
�� '�;, � ��w,��.j.��K�:���.�.�.�;� ,���,<°�. '.��r;� _.�.���.C,o,ntact Information����u,��;x�.°��. ��'�µ���,��'"',;N"������'�,�����'�h`�.���.,�.��'�..��
Subrecipient(Sub-Grantee) Name�a,qency,Local Government,or Organization):City of Aubum
Authorized Chief FinanCial OffiCer(Central Accounting Office):Sh.e.11ey Coleman
Address:25 W. Main Street Aubum,WA 98001
Email: scoleman@auburnwa.gov Phone#:253-804-5019
Purpose: As a pass-through agency of federal grant funds,tFie Washington Military DepartmenUEmergency Management Division
(WMD/EMD)is required by Office of Management and Budget(OMB)Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending$500,000 or more in federal awards during
their fiscal year haye met the OMB Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by
MIUEMD because it is a non-federa.l entity that expends federal grant funds received from MIUEMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at
http//www whitehouse pov/sites/default/files/omb/assets/a133/a133 revised 2007:pdf,and it should be consulted when completing
this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall
have a single or progra.m-specific audit conducted forfhat year. Ifyour entity is notsubject to A-133 requirements,you must complete
Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form, When
completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until the
grant agreement.contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement
processing,withholding of federal awards or disallowance of costs,and suspension or t.ermination of federal awards.
,,.�..�,.,...�,:
SECTION'A:;�_.Enfities:'NOT suti'ect.to:ttie`'auclit_re urrements�of`OMB.Circular..A=133,,t,;. ,. ., �;� ��.�, n �,,.'� .:::.,�._y,:�
Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply):
❑ We did not expend$500,000 or more of tota!federal awards during the fiscal year.
❑ We are a for.-profit agency.
❑ We are exempt for other reasons(describe):
Mowever, by signing below, I agree.that we are still subject to the audit requirements, laws and regulations governing the program(s)
in which we participate,that we are required to maintain records of federal funding and to provide access to suc.h records by federal
and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or
docu.mentation to ensure proper stewardship of federal funds.
SECTIOIW B� Ent�t�es that.ARE sub�ect#obthe reau�rements'of�OMB�C►rcularA 133 , � 3 ' ;�: � '
, .s :. > � T.h� � 1� , �� k rr r .
Com� letethe�info"rmation.;below:and:clieckthe:;a �.ro :natebox ._ .,_.,,...._. .� �u,..,. _ .�.� .., .�,�_{ .�.... ,_ _,� :.:v: _t._.. :<..� ..�..:
❑ We completed our last A-133 Audit on[enter date]__for Fiscal Year ending[enter date] . There were no
findings related to federaf awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through
entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management
response,is either provided electronically to contracts.officeC�mil.wa.qov or provide the state auditor report
number:
❑ We completed our last A-133 Audit on[enter date]__for Fiscal Year ending[enter date] . There were
findings related to federal awards.
A co.mplete copy of the audit report,which includes exceptions,corrective action plan and management response,
is either provided electronically to contracts.office(a�mil.wa.qov or provide the state auditor report
number-
❑ Our completed A-133 Audit will be available on[enter date�for Fiscal Year ending[enter date]
We will forward a copy of the audit report to you at 4hat time unless it will be available online at:
http://www.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Fu.rther,I certify that
the above 'information is true and correct and all relevant material findings contained in audit report/statement have been
disclosed.Additionally,I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of
federal grant funds from MIL/EM.D until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer: Date;
Print Name &Title: Shell.ey Coleman, Finance Director
WMD Form 1009-13,8/19/2013
HMGP Page 37 ofi37 City of Auburn, D16-010