HomeMy WebLinkAboutFD15-377 - Original - Washington State Military Dept - EMPG Grant - 12/08/2015 Records
E ® T Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
Af you have questions, please contact City Clerk's Office.
Vendor Name: We6V�I�qC Uv� Mi i;tCIV-i� DLP) .
J �
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name. �Rmph l'1y-oy-%--" 16113- ZOILP
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
0 Other: hyon —
Contract Effective Date: Termination Date: I IU
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
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Contract Manager: Cy Department: 4Y1PNC �1 P�(LGl�ittCC1 .-�
Contract Amount.
Approval Authority: ❑ Department Director ❑Mayor IACity Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
ill
adccW10877 814
REQUEST FOR MAYOR'S SIGNATURE
® T Print on Cherry-Colored Paper
(CEN
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Ofrector
Originator: Jennifer Keizer Phone (Originator): 4342
Date Sent: 12/9/15 Date Required: 12/11/15
Return Signed Document to: Jennifer Kelzer Contract Termination Date: 12/31/16
VENDOR NAME: Date Finance Notified:Washin ton State Milita De artment (Only required on contracts 1 1/9/ 1 5
g ry p 20 000 and over or on an Grant
DATE OF COUNCIL APPROVAL: 12�8/15 Date Risk Manager Notified:NA
(Required on Non-City Standard Contracts A reements
Has this Document been Specifically Account Number: lot 25-- W ®xf
Authorized in the Budget? o YES NO (0 (m zt) -(A0 �( -
Brief Explanation of Document:
The Kent Office of Emergency Management applied for and received a grant In the amount of$81,876,00 from the Washington Military
Department/Emergency Management Division and the U.S. Department of Homeland Security.
The purpose of the grant is to assist with the enhancement,sustainment and Improvement of state, local, and tribal emergency
management programs. Activities conducted using grant funds should relate directly to the five elements of emergency management:
prevention, protection, response, recovery, and mitigation.
The program areas that will benefit from these grant funds include: public education/community training, Community Emergency
Response Team, Kent Communication Support Team, crises communications, public education and Information, community events,
operational communication, exercises/testing/training, school exercises/tralnings/professional development, planning,
upgrades/improvements, public Information and warning, hazard mitigation, marketing and information support, Office of Emergency
Management vehicles, and for the Local Emergency Planning Committee,
All Contracts Mush Be)ZoIjrBjd ThrOO9fi The Law Department
P �
(This area to he 4om(?leted by the Law Department)
Received: ` .
Approval of Law Dept.: ,e ;
Law Dept. Comments: I' " �_`_1 V� k
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
Received;
Recommendations and Comments:
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Disposition: .t1 r � �w���`
� �r ra r'ePG..
Date Returned; �' t r � „o
P:C IF,ms Oovumenl Pmcee 19\R8Wesl fOr MBWs gOW(e.O[ ',.
FFATA FORM
SUbrecipient Agency: Citv of Kent, OEM
Grant and Year: EMPG2015 Agreement Number: El 6-108
Completed
Naine Title Telephone
YES STOP, no further
Is your grant agreement less than $25,000? analysis needed, GO to Step 2
GO to Step
In your preceding fiscal year, did your YES NO STOP, no further
GO to STEP 3 analysis needed, GO to
organization receive 80% or more of its annual -1 Step 6
gross revenues from federal funding? F
In your preceding fiscal year. did your YES NO' STOP, no further
organization receive$25,000,000 or more in GO to STEP 4 analysis needed, GO to
federal funding? El Step 6
Does the public have access to information about YES STOP, no further NO
the total compensation*of senior executives in analysis needed, GO to STEP 5
your organization? GO to step 6
Executive#1 Name:
Total Compensation amount: $
Executive#2 Name:
Total Compensation amount: $
Executive#3 Name
Total Compensation amount: $
Executive#4 Name:
Total Compensation amount: $
Executive#5 Name:
Total Compensation amount: $
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
Our organization did not receive 80% or more of our annual gross revenues from federal funding,
Signature: Date- 11/5/15
^Total compensation refers to:
* Salary and bonuses
w Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
^ Life insurance value paid on behalf of the employee
Additional Resources:
FFATA PROVISIONS AND INSTRUCTIONS
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)
and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this
contract, contractor agrees to provide all applicable reporting information to the Washington
Military Department(WMD)required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants,
loans, and contracts. As required by FFATA and OMB Guidance, certain information on the
first-tier subawards related to Federal contracts and grants, and the executive compensation
of awardees, must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result
in a total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de-obligated such that the total award amount
falls below $25,000, the subaward continues to be subject to the reporting requirements of
the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
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 unnecessary data entry
Page 1 of 2
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and re-entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (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.
i
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 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.
"Total compensation" for purposes of this requirement generally means the cash and non-
cash value earned by the executive during the past fiscal year and includes salary and bonus;
awards of stock, stock options and stock appreciation rights; and other compensation such as
severance and termination payments, and value of life insurance paid on behalf of the
employee, and as otherwise provided by FFATA and applicable OMB guidance.
F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed
under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§
78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and
total compensation for the five most highly compensated officers of your organization as
identified in Step 5 of the FFATA Form.
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Page 2 of 2
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INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1 . Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
I
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Kent - Office of Emergency Management 11/5/15
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant
E16-108
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Suzette Cooke Mayor
Jim Schneider Fire Chief
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Suzette Cooke Mayor
Jim Schneider Fire Chief
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Jennifer Keizer EM Specialist
Dominic Marzano Emergency Manager
\\NAC-1\V0L1\H0MBKARENB\.(MiNkIGNAUTH Revised 3/03
Form W-9 Request for Taxpayer Give Form to the
(Rev.December2014) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
City of Kent-Office of Emergency Management
N 2 Business name/disregarded entity name,if different from above
m
m
m
°- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
° ❑IndividuaUsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estatecertain entities,not individuals;see
m instructions on page 3):
single-member LLC
a Exempt payee code Of any)
•0 ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
`o 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
c
H the tax classification of the single-member owner. code Of any) j
IL ° ❑Other(see instructions)► (anpnes m me¢s)
!E 8 Address(number,street,and apt.or suite no.) Requester's name and address(optional)
V
"o. 24611 116th Ave SE 'i
6 City,state,and ZIP code
Kent,WA 98030 l,
7 List account number(s)here(optional
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals,this Is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entities,it is your employer Identification number(EIN).If you do not have a number,see How fo get a m -
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter.
9 1 — 6 1 0 1 0 1 2 5 4
IMM Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct,
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signature of
Here U.S.person 0- Date►
General Instructions •Form 1096(home mortgage interest),1098-E(student loan Interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release It)is at www3rs.gov/lw9.
Use Form W-9 only If you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an Information If you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(FIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),Individual taxpayer Identification By signing the tilled-out form,you:
number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
Identification number(EIN),to report on an information return the amount paid to to be Issued),
you,or other amount reportable on an Information return.Examples of Information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Farm 1099-INT(Interest earned or pald) 3.Claim exemption from backup withholding If you are a U.S.exempt payee.If
•Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected Income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA codes)entered on this form Of any)indicating that you are
brokers) exempt from the FATCA reporting.Is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions) 1
Cat.No.10231X Form W-g(Rev.12-2014)
Farm W-9(Rev.12-2014) Page 2
Note.If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an Incorrect TIN,
W-9 to request your TIN,you must use the requester's farm if it is substantially 4,The IRS tells you that you are subject to backup withholding because you did
similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest
Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or
person if you are: 5.You do not certify to the requester that you are not subject to backup
•An individual who Is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable Interest and dividend accounts opened
•A partnership,corporation,company,or association created or organized in the after 1983 only).
United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt
•An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form
W-9 for more Information. I,
•A domestic trust(as defined in Regulations section 301.7701-7). Also see Special miss for partnerships above.
Special rules for partnerships.Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section What IS FATCA reporting?
1446 on any foreign partners'share of effectively connected taxable income from
such business.Further,In certain cases Where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign
the rules under section 1446 require a partnership to presume that a partner Is a financial institution to report all United States account holders that are specified
foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See
U.S.person that Is a partner In a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the
United Slates,provide Form W-9 to the partnership to establish your U.S,status Requester of Form W-9 for more information.
and avoid section 1446 withholding on your share of partnership income.
In the cases below,the following person must give Form W-9 to the partnership Updating Your Information
for purposes of establishing its U.S.status and avoiding withholding on Its You must provide updated information to any person to whom you claimed to be
allocable share of net income from the partnership conducting abode or business an exempt payee if you are no longer an exempt payee and anticipate receiving
in the United States: reportable payments in the future from this person.For example,you may need to
•In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S
disregarded entity and not the entity; corporation,or if you no longer are tax exempt.In addition,you must furnish a new
Form W-9 if the name or TIN changes for the account;for example,if the grantor
•in the case of a grantor trust with a U.S.grantor or other U.S,owner,generally, of a grantor trust dies.
the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and
•In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties
grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fall to furnish your correct TIN to a requester,you are
Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to
that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect.
the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a
on Nonresident Aliens and Foreign Entitles). false statement with no reasonable basis that results in no backup withholding,
Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty.
alien Individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or
certain types of income,However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including lines and/or
a"saving clause."Exceptions specified in the saving clause may permit an imprisonment.
exemption from tax to continue for certain types of income even after the payee
has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINS in violation of federal law,
If you are a U.S.resident alien who is relying on an exception contained In the the requester may be subject to civil and criminal penalties.
saving clause of a tax treaty to claim an exemption from U.S.tax on certain types
of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions
five items:
1.The treaty country.Generally,this must be the same treaty under which you Line 1
claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The
2,The treaty article addressing the Income. name should match the name on your tax return.
3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for ajoint account,list first,and then circle,the name of the
clause and Its exceptions. person or entity whose number you entered in Part I of Form W-9.
4.The type and amount of Income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have
changed your last name without informing the Social Security Administration(SSA)
5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social
article. security card,and your new last name.
Example.Article 20 of the U.S.-China Income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form
from tax for scholarship income received by a Chinese student temporarily present W-7 application,line 1a,This should also be the same as the name you entered on
in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040All 040EZ you filed with your application.
tax purposes if his or her stay in the United States exceeds 5 calendar years.
However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member U.C.Enter your individual name as
1984)allows the provisions of Article 20 to continueto apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade,
Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"IDEA)name on fine 2.
who qualities for this exception(under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S
relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1
or fellowship Income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2.
information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S,federal tax
If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown an the charter or
appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or
DBA name on line 2,
Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is
What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded
under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(111).Enter the owner's name on
is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded
withholding include interest,tax-exempt Interest,dividends,broker and barter entity,The name on line 1 should be the name shown on the income tax return on
exchange transactions,rents,royalties,nonemployee pay,payments made in which the income should be reported.For example,if a foreign ITC that Is treated
settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a
payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the
backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is
You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on
give the requester your correct TIN,make the proper certifications,and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded
your taxable Interest and dividends on the
return. entity is a foreign person,the owner must complete an appropriate Form W-8
instead of a Form W-9. This Is the case even if the foreign person has a U.S.TIN.
Payments you receive will be subject to backup withholding if:
1.You do not tarnish your TIN to the requester,
2.You do not certify your TIN when required(see the Part(1 Instructions on page
3 for detalls),
Form W-9(Rev.12-2014) Page 3
Line 2 'However,the following payments made to a corporation and reportable on Farm
If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding:medical and health care
you may enter it on line 2, payments,attorneys'fees,gross proceeds paid to an attorney reportable under
section 6045(f),and payments for services paid by a federal executive agency.
Line 3 Exemption from FATCA reporting code.The following codes identify payees
Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons
person whose name Is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by
Limited LiabilityIf the name on line 1 is an LLC treated as a certain foreign financial institutions,Therefore,it you are only submitting this form
Company P Y(LLC.) for an account you hold in the United States,you may leave this field blank.
partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you we uncertain Ifthe financial
box and enter"P"in the space provided.if the LLC has filed Form 8832 or 2663 to institution is subject to these requirements,A requester may Indicate that a code Is
be taxed as a corporation,check the"Limited Liability Company"box and In the not required by providing you with a Form W-9 with"Not Applicable"(or any
space provided enter"C"for C corporation or"S"for S corporation.If it is a similar indication)written or printed on the line for a FATCA exemption code.
single-member LLC that is a disregarded entity,do not check the"Limited Liability
Company"box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any Individual
single-member L-C." - retirement plan as defined in section 7701(a)(37)
Line 4,Exemptions B—The United States or any of its agencies or instrumentalities
If you are exempt from backup withholding and/or FATCA reporting,enter In the C—A state,the District of Columbia,a U.S.commonwealth or possession,or
appropriate space in line 4 any code(s)that may apply to you, any of their political subdivisions or instrumentalities
❑—A corporation the stock of which is reguladytraded on one or more
Exempt payee code. established securities markets,as described In Regulations section
• Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i)
withholding. E—A corporation that is a member of the same expanded affiliated group as aI,
• Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(1)
for certain payments,including interest and dividends.
F—A dealer in securities,commodities,or derivative financial instruments
• Corporations are not exempt from backup withholding for payments made in (including national principal contracts,futures,forwards,and options)that Is
settlement of payment card or third party network transactions. registered as such under the laws of the United Stales or any stale '..
• Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate Investment trust
fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity
health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of
1099-MISC. 1940
The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) j
Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581
custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker
of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
2—The United States or any of its agencies or Instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan
3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial Institution requesting this form to
any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be
4—A foreign government or any of Its political subdivisions,agencies,or completed.
instrumentalities
Line 5
5—A corporation
Enter your address(number,street,and apartment or suite number).This Is where
6—A dealer in securities or commodities required to register in the United
States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mall your Information returns.
7—A futures commission merchant registered with the Commodity Futures Line 6
Trading Commission Enter your city,state,and ZIP code.
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Part I.Taxpayer Identification Number(TIN)
Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not
10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer
11—A financial institution identification number(ITIN).Enter it in the social security number box.If you do not
have an ITIN,see How to get TIN below.
12—A middleman known In the Investment community as a nominee or If you are a sole proprietor and you have an FIN,you may enter either your SSN
custodian or EIN.However,the IRS prefers that you use your SSN.
13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its
The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN
withholding.The chart applies to the exempt payees listed above,1 through 13. (or FIN,if the owner has one).Do not enter the disregarded entity's EIN.If the ITC
is classified as a corporation or partnership,enter the entity's EIN.
IF the payment Is for... THEN the payment is exempt far... Note.See the chart on page_4 for further clarification of name and TIN
combinations.
Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,applyfor one Immediately.To apply
for 7 for an SSN,get Form SS-5,Application for a Social Security Card,from your local
SSA office or gel this form online at www.ssa.gov.You may also get this form by
Broker transactions Exempt payees 1 through 4 and 6 calling 1-B00-772-1213.Use Form W-7,Application for IRS Individual Taxpayer
through 11 and all C corporations.S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer
corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by
payee code because they are exempt accessing the IRS website at wwmirs.gov76usinesses and clicking on Employer
only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and
acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM
(1-800-829-3676).
Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN
patronage dividends and write"Applied For"in the space for the TIN,sign and date the form,and give it
Payments over$fi00 required to he Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made
re men t 1 through 5� with respect to readily tradable Instruments,generally you will have 60 days to get
P and direct sales over MOO, a TIN and give it to the requester before you are subject to backup withholding on
payments,The 60-day rule does not apply to other types of payments.You will be
Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to
payment card or third parry network the requester.
transactions Note.Entering"Applied For"means that you have already applied for a TIN or that j
r See Form 1099-MISC,Miscellaneous Income,and Its instructions. you intend to apply for one soon.
Caution:A disregarded U.S.entity that has a foreign owner must use the
appropriate Form W-8.
Form W-9(Rev.12-2014) Page 4
Part IL Certification 'You must show your individual name and you may also enter your business or DBAneme on
the"Business nameldleregarded carry"name line,You may rise either your SSN or EIN(if you
To establish to the withholding agent that you are a U.S,person,or resident alien, have one),but the IRS encourages yen to use your SSN.
sign Form W-9.You may be requested to sign by the withholding agent even if °Ust first and circle lire name of the Oust,estate,or pension twat.(Do not furnish the TIN of the
items 1,4,or 5 below Indicate otherwise.
personal wee Special rortmsteeunlessthe legal e2. itself is not designated in the account
For a joint account,only the person whose TIN is shown In Part should sign tide.)Aso see also
must per fda partnerships l-9on page 2.
(when required).In the case of a disregarded entity,the person identified on Tine 1 'Note.Grantor also must provide a Form W-9 to trustee of trust,
must sign.Exempt payees,see Exempt payee code earlier, Note.If no name Is circled when more than one name Is listed,the number will be
Signature requirements.Complete the certification as indicated in items 1 considered to he that of the first name listed.
throughInterest,
below. Secure Your Tax Records from Identity Theft
1.Interr est,dividend,and barter exchange accounts opened before 1984
and broker accounts considered active during 1983.You must give your Identity that[occurs when someone uses your personal information such as your
correct TIN,but you do not have to sign the certlffcatlon. name,SSN,or other identifying information,without your permisslon,to commit
2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a
1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund.
certification or backup withholding will apply.if you are subject to backup To reduce your risk:
withholding and you are merely providing your correct TIN to the requester,you .Protect your SSN,
must cross out Item 2 In the certification before signing the form.
3.Real estate transactions.You must sign the certification.You may cross out •Ensure your employer Is protecting your SSN,and
Item 2 of the certification. •Be careful when choosing a tax preparer.
4.Other payments,You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from
the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS
Incorrect TIN."Other payments"include payments made in the course of the notice or letter.
requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identify theft but you think you
merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity
corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit
settlement of payment card and third party network transactions,payments to Form 14039.
certain fishing boat crew members and fisherman,and gross proceeds paid to For more information,see Publication 4535,Identity Theft Prevention and Victim
attorneys(including payments to corporations).
Assistance. ,
5.Mortgage interest paid by you,acquisition or abandonment of secured
property, q program payments( Victims of identity theft who are experiencing economic harm or t system
cancellation of debt,qualified tuition re ram a menu under i
section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help y resolving tax problems that have not been resolved
distributions,end pension distributions.You must give your correct TIN,but you
through normal channels,may be eligible far Taxpayer Advocate Service(TAS)
do not have to sign the certification. assistance.You can reach TAR by calling the TAB toll-free case Intake line at
1-877-777-4778 or TTY/TDO 1-800-629-4059. '
What Name and Number To Give the Requester Protect yourself from suspicious emails orphishing schemes. Finishing isthe
creation and use of email and websites designed to mimic legitimate business
For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely
1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user
into surrendering private information that will be used for identify theft.
2.Two or more Individuals(joint The actual owner of the account or, The IRS does not Initiate contacts with taxpayers via emails.Also,the IRS does
account) 11 combined funds,the first not request personal detailed Information through small or ask taxpayers for the
individual on the account' PIN numbers,passwords,or similar secret access information for their credit card,
3.Custodian account of a minor The minor bank,or other financial accounts.
(Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this
4.a.The usual revocable savings The grantor-trustee message to phishing@im.gov.You may also report misuse of the IRS name,logo,
trust(grantor is also trustee) or other IRS property to lire Treasury Inspector General for Tax Administration
b.So-called trust account that is The actual owner (TIGTA)at 1-800-366-4484.You can forward suspicious emails to the Federal
not a legal or valid trust under Trade Commission at:spambiuce.gov or contact them at www.itcgoolidfheR or
state law 1-877-IDTHEFT(1-877-438-4338).
5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk.
entity owned by an individual
6.Grantor trust filing under Optional The grantor Privacy Act Notice
Form 1099 Filing Method 1(see
Regulations section 1.671-4(h)(2)O Section 6109 of the Internal Revenue Code requires you to provide your correct
(AA TIN to persons(Including federal agencies)who are required to file information
returns with the IRS to report interest,dividends,or certain other Income paid to
For this type of account: Give name and EIN of: you;mortgage interest you paid;the acquisition or abandonment of secured
7.Disregarded entity not owned by an The owner property;the cancellation of debt;or contributions you made to an IRA,Archer
individual VISA,or HSA.The person collecting this farm uses the information on the form to
8.A valid trust,estate,or pension trust Legal entity' file information returns with the IRS,reporting the above information.Routine uses
of this Information Include giving 4 to the Department of Justice for civil and
9.Corporation or LLC electing The corporation criminal fi igation and to cities,states,the District of Columbia,and U.S.
corporate status on Form 8832 or commonwealths and possessions for use in administering their laws.The
Farm 2653 information also may be disclosed to other countries under a treaty,to federal and
10.Association,club,religious, The organization state agencies to enforce civil and criminal laws,or to federal law enforcement and
charitable,educational,or other tax- intelligence agencies to combat terrorism.You must provide your TIN whether or
exempt organization not you are required to file a tax return.Under section 3406,payers must generally
11.Partnership or multi-member LLC The partnership withhold a percentage of taxable Interest,dividend,and certain other payments to
a payee who does not give a TIN to the payer.Certain penalties may also apply for
12.A broker or registered nominee The broker or nominee providing false or fraudulent information.
13.Account with the Department of The public entity
Agriculture In the name of a public
entity(such as a state or local
government,school district,or
prison)that receives agricultural
program payments
14,Grantor trust filing under the Form The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2(see
Regulations section 1.671-4(b)(2)(i)
IF))
'List first and circle the name of the person whose number you furnish.If only one person on a
joint account has an SSN,that parsen's number must be furnished.
'Circle the minor's name and furnish the minor's SSN.
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations
Contact Information
Subrecipient Name(Agency,Local Government,or Organization): IF
Authorized Chief Financial Officer(central accounting office): ` -
Address: % ,C t z
Email: psi 8� . r�. w Phone#: � r
Purpose: As a pass-through entity of federal grant funds,the Washington Military Department/Emergency Management Division(Department)
is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and
verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit
Requirements. Your entity is a subrecipient subject to such monitoring by MIUEMD because it is a non-federal entity that expends federal grant
funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted
when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have
a single or program-specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section 6 of this form. When completed, you must sign, date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement 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 termination of federal awards.
SECTION A: Entities NOT sub'ect to the audit requirements of 2 CFR Part 200 Sub art F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply):
❑ We did not expend$750,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However, 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 such records by federal and state
agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
SECTION 8: Entities that ARE subiect to the audit requirements of 2 CFR Part 200 Subpart F
Co lete the information below and check the appropriate box
We completed our last 2 CFR Part 200 Subpart F Audit on[enter date]` for Fiscal Year ending[enter date] 120 Ji t . There
were no findings related to federal 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.office(rdmil.wa.aov or provide the state auditor report number:
iG`Ill
We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending [enter date] There
were findings related to federal awards.
A complete copy of the audit report,which includes exceptions, corrective action plan and management response, is either
provided electronically to contracts.office@mil.wa.gov or provide the state auditor report number:
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date]for Fiscal Year ending
[enter date]. We will provide electronic copy of the audit report to contracts.office@-mil.wa.gov at that time or
provide the state auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, 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,Avery fiscal ye fc�which this entity I a subreciplent of federal award
funds from the Department until the grant agreement is 414S
i S
Signature of Authorized Chief Financial Officer: 6 Date.
Print Name & Title: 1 r . °' IOU L-1—
MD Form 1099 13,8(19I2013,Updated 902916
III
I
Washington Military Department Contract Number: E16-108
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
Dominic Marzano Kent Office of Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
24611 116th Ave SE or Solicitation#,if any: Identifier(UBI) Identification#:
Kent, WA98030 173-000-002 91-6001254
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred,suspended, proposed for debarment, declared ineligible, orvoluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certi to any of the statements in this certification, such prospective participant shall
attach an explanation to this fo r 1
Bidder or Contractor Signature:, ' �� Dater
Print Name and Title: Dominic arzano - Division Chpe
i
Washington Military Department Contract Number:E16-108
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment.Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a"lower tier participant'?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
Washington State Military Department
.HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
Kent,City of $81,876 E16-108
Office of Emergency Management
24611 116th Ave SE
Kent,WA 980304939
4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer,(253)856.4342'dkeizer kentwa. ov June 1,2015 August 31,2016
7. Department Program Manager, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue):
Sierra Wardell,(253)512-7121
sierra.wardell@mil.wa.gov 020253613 173-000-002
10. Funding Authority: '.
Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(DHS)
11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title:
EMW-2015-EP-00028-S01 09/22/2015 1 97.042(15EMPG)
14. Total Federal Amount #: 15, Program Index#&OBJ/SUB-OBJ: 16. TIN:
$7,219,265 753PT NZ 91-6001254
17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT):11, 33,47 .King Count Certified?: X N/A El NO
(BY CONGRESSIONAL DISTRICT): 8,9 y ❑ YES, OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES LINO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE& DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant (15EMPG) is to provide U.S. Department of Homeland
Security (DHs)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement ofthose programs
as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 16EMPG Award EMW-2015-EP-00028S01,which is incorporated
in and attached hereto as Attachment#1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits
and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement
Face Sheet; Special Terms&Conditions(Exhibit A);General Terms and Conditions(Exhibit B);Work Plan (Exhibit C);Timeline(Exhibit D); Budget
(Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions
agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement lncprporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last-sgecified below;,—W.
FOR THE DEPARTMENT: FOt,R.dKE SU DR€C PIENTa%,,..%�1`,,=�
Signature Date Signatu I Date
Richard A.Woodruff, Contracts Administrator ( Suzet�c? ookL, Mayor
Washington State Military Department `- ,
BOILERPLATE APPROVED AS TO FORM: Signature Date
Brian E. Buchholz(signature on file 9122/2015) Jim Schneider, Fire Chief
Assistant Attorney General
APPROVED AS TO FORM(if applicable):
Applicant's Legal Review Date
Form 05/12/2015 MLL
DHS-FEMA-EMPG-FFY 15 Page 1 of 30 Kent, City of, E16-108
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE 1. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Agreement. Any substitution of key personnel by either party shall be made by written notification
to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Jennifer Keizer Name Gary Stumph
Title EM Specialist Title Program Coordinator
E-Mail idkeizer(a)kentwa.gov E-Mail garV.StumphamlI.Ag.goy
Phone 253-856.4342 Phone 253-512-7483
Name Jim Schneider Name Sierra Wardell
Title Fire Chief Title Program Manager
E-Mail ischneider(a kentfirerfa.org E-Mail sierra.wardell(a)mil.wa.gov
L
253-856-4311 Phone 253-512-7121
Name Dalton Gamboa
Title Program Assistant
E-Mail dalton.uamboa(a�mil.wa.gov
Phone 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by DHS/FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant'
document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01,
and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment#1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of a
subrecipient or contractor in accordance with 2 CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward
to a non-federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations j
applicable to pass-through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200.
DHS-FEMA-EMPG-FFY 15 Page 2 of 30 Kent, City of, E16-108
ii. The Subrecipient shall require its subrecipient to comply with all
applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement
and the informational documents published by DHS/FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-
00028-S01 in Attachment#1, and the federal regulations commonly
applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment#1 of this Agreement.
2. REIMBURSEMENT& BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries,
benefits, printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Grant Agreement
Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix
VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10% of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and j
should consult their internal policies, state rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e. The Subrecipient will submit reimbursement requests to the Department by
submitting a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
DHS-FEMA-EMPG-FFY 15 Page 3 of 30 Kent, City of, E16-108
Reimbursement requests must be submitted to
Reimbursements@mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are
authorized under this Agreement must be maintained by the Subrecipient
consistent with record retention requirements of this Agreement and be
made available upon request by the Department, and local, state, or federal
auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be
treated as a request for Amendment of the Agreement and must be
submitted to the Department Key Personnel sufficiently in advance of the
due date to provide adequate time for Department review and
consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non-federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement(including but not limited to those reports in the
Timeline) will prohibit the Subrecipient from being reimbursed until such
complete reports and reimbursement requests are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
I. A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed.
M. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace(supplant) non-
federal funds that have been budgeted for the same purpose. The
Subrecipient may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
DHS-FEMA-EMPG-FFY 15 Page 4 of 30 Kent, City of, E16-108
3. REPORTING REQUIREMENTS
a. The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b. In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient will submit a final report with its final
reimbursement request to the Department detailing progress on all
activities listed in the Work Plan.
C. In conjunction with the final report, the Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d. The Subrecipient shall also comply with the Federal Funding Accountability
and Transparency Act(FFATA) and related OMB Guidance consistent with
Public Law 109-282 as amended by section 6202(a) of Public Law 110-252
(see 31 U.S.C. 6101 note) and complete and return to the Department the
FFATA Form located at http://mil.wa.gov/emergency-management-
division/grants/reguiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non-federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200.318—200.326, to include but not
limited to:
I. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non-federal entity to
which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
iii. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic
Assistance(CFDA) number; who holds the title; the acquisition date;
the cost of the equipment and the percentage of Federal
participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment
and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by
GHS-FEMA-EMPG-FFY 15 Page 5 of 30 Kent, City of, E16-108
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Subrecipient agrees that to receive any federal preparedness funding,
all EHP compliance requirements outlined in applicable guidance must be
met. The EHP review process must be completed before funds are
reimbursed. Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed..
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specified in the General Terms and
Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre-procurement review
and approval the procurement documents, such as requests for proposals,
invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non-federal entity to which
the Subrecipient makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at http://mil.wa.gov/emergency
management-division/grants/reauiredgrantforms with the signed
Agreement and each fiscal year thereafter until the Agreement is closed,
which is incorporated by reference and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i, review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, a-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi, on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as
outlined above, for any non-federal entity to which the Subrecipient makes
a subaward as a pass-through entity under this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 8 of 30 Kent, City of, E16-108
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No reimbursement will be provided unless the appropriate approval has
been received.
C. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http://www.fema.gov/preparedness-non-disaster-grants. The AEL
consists of 21 categories which are divided into sub-categories. It is
important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL.
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and/or DHS/FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security"when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non-federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) Program. Subrecipients are required to
comply with DHS/FEMA EHP Policy Guidance which can be found at
https://www.fema.gov/office-environmental-plann i ng-and-historic-preservation;
FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance
at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.ferna.gov/media-library/assets/documents/101537, all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients proposing projects that have the potential to impact the
environment, including, but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS/FEMA EHP review before project initiation.
DHS-FEMA-EMPG-FFY 15 Page 7 of 30 Kent, City of, E16-108
e. Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin, which requires that subrecipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to
issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its
obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at j
hftps://www.dhs.g ov/guidance-publ i shed-help-department-suppo rted-
organizations-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov. .
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and
principles that answer how to manage emergencies from preparedness to
recovery regardless of their cause, size, location, or complexity. NIMS
provides a consistent, nationwide approach and vocabulary for multiple
agencies or jurisdictions to work together to build, sustain and deliver the
core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential Policy
Directive (PPD)-8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all-
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
DHS-FEMA-EMPG-FFY 15 Page 9 of 30 Kent, City of, E16-108
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in
2 CFR 200 Subpart A(which is incorporated herein by reference), except as otherwise set
forth below:
a. "Agreement" means this Grant Agreement.
b. "Department' means the Washington State Military Department, as a state
agency, any division, section, office, unit or other entity of the Department, or any
of the officers or other officials lawfully representing that Department. The
Department is a recipient of a federal award directly from a federal awarding
agency and is the pass-through entity making a subaward to a subrecipient under
this Agreement.
C. "Subrecipient" when capitalized is primarily used throughout this Agreement in
reference to the non-federal entity identified on the Face Sheet of this Agreement
that has received a subaward from the Department. However, the definition of
"subrecipient" is the same as in 2 CFR 200.93 for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review
activities that are conducted to ensure compliance with all state and federal laws,
rules, regulations, authorities and policies.
f. "Investment" means the grant application submitted by the Subrecipient
describing the project(s) for which federal funding is sought and provided under
this this Agreement. Such grant application is hereby incorporated into this
Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Subrecipient shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or
modification of this Agreement. However, such amendment or modification shall not be
binding, take effect or be incorporated herein until made in writing and signed by the
authorized representatives of the Department and the Subrecipient. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be
in accordance with all the applicable current federal, state and local laws, rules and
regulations.
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2. A portion of the 15EMPG grant was identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only
to perform tasks as described in the Work Plan of the Subrecipient's application
for funding, as approved by the Department and incorporated into this Agreement.
Funding may not be used to replace or supplant existing local or tribal government
funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $81,876 of non-federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered reasonable, allowable, allocable, and necessary
under the grant program and must comply with all Federal requirements and
regulations, including but not limited to 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no less than three exercises in a 12-month
period. The Subrecipient will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No. EMW-2015-EP-00028-S01, which are incorporated and
made a part of this Agreement as Attachment#1.
II
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DHS-FEMA-EMPG-FFY 15 Page 10 of 30 Kent, City of, E16-108
the physical inspection and those shown in the records shall be
investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability. The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any
loss, damage, or theft shall be investigated and a report generated
and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or 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, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non-
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment 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 Subrecipient with no further
obligation to the awarding agency.
i. Items of equipment with a current per-unit fair market
value of more than $5,000 may be retained or sold and
the Subrecipient shall compensate the Federal-
sponsoring agency for its share.
X. Records for equipment shall be retained by the Subrecipient for a
period of six years from the date of the disposition, replacement, or
transfer. If any litigation, claim, or audit is started before the
expiration of the six year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD's Purchase Policy contained within
the EMD Purchase Workbook version 2015.1 located at
http://mil.wa.gov/emergencV-management-division/g rants/homeland-
securitV-grants, incorporated by reference and made part of this
Agreement.
DHS-FEMA-EMPG-FFY 15 Page 6 of 30 Kent, City of, E16-108
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the
Subrecipient is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any federal
department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at
http://mil,wa.gov/emergency-management-division/grants/requiredgrantforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients or any
of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in "covered transactions" by any
federal department or agency. "Covered transactions" include procurement contracts for
goods or services awarded under a non-procurement transaction (e.g, grant or
cooperative agreement)that are expected to equal or exceed $25,000, and subawards to
subrecipients for any amount. With respect to covered transactions, the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(http://www.sam.goy) maintained by the federal government. The Subrecipient also
agrees not to enter into any arrangements or contracts with any party on the Washington
State Department of Labor and Industries' "Debarred Contractor List"
(http J/www.i n i.wa.gov/TradesL!censing/PrevW age/Awa rd i ngAg encies/DebarredContract
ors . The Subrecipient also agrees not to enter into any agreements or contracts for the
purchase of goods and services with any party on the Department of Enterprise Services'
Debarred Vendor List
(http://www.des.wa.g ov/services/Contracti ng P urchasi ng/Business/P ag es/Vendor-
Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Subrecipient to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
(2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Agreement, grant, loan, or cooperative
agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable,
the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers(including sub-contracts, sub-grants, and contracts
under grants, loans, and cooperative agreements) and that all sub-recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
DHS-FEMA-EMPG-FFY 15 Page 12 of 30 Kent, City of, E16-108
Employment Opportunity' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60. "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
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7) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government-
wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended. by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding agency,
the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract for the purpose of making audit,
examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
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A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of the
Subrecipient who exercises any functions or responsibilities with respect to the project
during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the
Department is not responsible for determining compliance with, any and all applicable
federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
policies. This obligation includes, but is not limited to: nondiscrimination laws and/or
policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act(RCW
42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement
and 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 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
DHS-FEMA-EMPG-FFY 15 Page 13 of 30 Kent, City of, E16-108
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15) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient must ensure that its procurement process
requires contractors and subcontractors to provide adequate documentation with
sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the
Subrecipient's responsibilities with respect to services provided under this Agreement is
prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute.A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties. The panel shall consist of a representative appointed
by the Department, a representative appointed by the Subrecipient and a third party
mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law,the Subrecipient, its successors or assigns,will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Subrecipient, its sub-contractors, subrecipients, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of(1) the Department, and (2)the
Subrecipient, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's
agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the Federal government, the
following shall apply: j
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44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the Federal
government in carrying out the provisions of the Stafford Act,
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized Signature
representative and the Authorized Signature representative of the Subrecipient or
Alternate for the Subrecipient, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Agreement. Any alteration, amendment, modification, or waiver of any clause or
condition of this Agreement is not effective or binding unless made in writing and signed
by both parties'Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to projects or work plans,
and other requests, certifications and documents authorized by or required under this
Agreement.
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A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a "Termination for Cause" without providing the
Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under "Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability(physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Subrecipient's performance under this Agreement. To the extent allowed by law, the
Subrecipient further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
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A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus
or commission for the purpose of obtaining approval of the application for such assistance
or any other approval or concurrence under this Agreement provided, however, that
reasonable fees or bona fide technical consultant, managerial, or other such services,
other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this Agreement wherein the Department's name is mentioned
or language used from which the connection of the Department's name may, in the
Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or
use such advertising and publicity matters without the prior written consent of the
Department. The Subrecipient may copyright original work it develops in the course of or
under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws, regulations, and/or the provisions of the
Agreement, the Department reserves the right to recapture funds in an amount equivalent
to the extent of noncompliance. Such right of recapture shall exist for the life of the project
following Agreement termination. Repayment by the Subrecipient of funds under this
recapture provision shall occur within 30 days of demand. In the event the Department is
required to institute legal proceedings to enforce the recapture provision, the Department
shall be entitled to its costs and expenses thereof, including attorney fees.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Subrecipient's contracts, subawards, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be
inspected and audited by the Department or its designee, by the Office of the State
Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
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DHS-FEMA-EMPG-FFY 15 Page 18 of 30 Kent, City of, E16-108
purposes of determining compliance by the Subrecipient with the terms of this lil
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement
and the funded project(s) for a period of at least six (6) years following final payment
and closure of the grant under this Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement,
the project itself remains the sole responsibility of the Subrecipient. The Department
undertakes no responsibility to the Subrecipient, or to any third party, other than as is
expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third
party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws,
regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Subrecipient in connection with the project. The
Subrecipient shall not look to the Department, or to any state or federal agency, or to any
of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys'fees, in connection
with any claim or lawsuit brought by any third party related to any design, development,
construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart
F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as found
in the Government Auditing Standards (the Revised Yellow Book)developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DHS-FEMA-EMPG-FFY 15 Page 19 of 30 Kent, City of, E16-108
the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR
Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or
a public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient 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 Subrecipient 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 Subrecipient
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 Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine (9) months after the end of the Subrecipient's
fiscal year(s) to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or
disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and/or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever.
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient make any claim,
demand, or application to or for any right or privilege applicable to an officer or employee
of the Department or of the State of Washington by reason of this Agreement, including,
but not limited to,Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which
would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Agreement.
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A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for,
pay and maintain in current status all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for the Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed
to fulfill in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Subrecipient an opportunity to cure if it is not feasible as determined solely within the
Department's discretion. Any time allowed for cure shall not diminish or eliminate the
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement,withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement Agreement, e.g., cost of administering the competitive solicitation
process, mailing, advertising and other associated staff time. The rights and remedies of
the Department provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipient's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
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DHS-FEMA-EMPG-FFY 15 Page 21 of 30 Kent, City of, E16-108
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice. Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement, the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Agreement termination, the amount agreed upon by the Subrecipient and
the Department for(i) completed work and services and/or equipment or supplies provided
for which no separate price is stated, (ii) partially completed work and services and/or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv)the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes"
clause of this Agreement. If the termination is for cause, the Department shall determine
the extent of the liability of the Department. The Department shall have no other obligation
to the Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient such sum as the Department determines to be necessary to protect the
Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of
such portion of the work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by
the Department, all of the rights, title, and interest of the Subrecipient under the orders
and contracts so terminated, in which case the Department has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and contracts, with the approval or ratification of the Department to the extent the
Department may require, which approval or ratification shall be final for all the
purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the
extent directed by the Department any property which, if the Agreement had been
completed, would have been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by
the Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
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DHS-FEMA-EMPG-FFY 15 Page 22 of 30 Kent, City of, E16-108
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this Agreement. The
Subrecipient may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and
performance shall be governed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this Agreement shall be the Superior Court of Thurston
County, Washington. The Subrecipient, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance
by the Department in writing. The Department's failure to insist upon strict performance
of any provision of the Agreement or to exercise any right based upon a breach thereof,
or the acceptance of any performance during such breach, shall not constitute a waiver of
any right under this Agreement.
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DHS-FEMA-EMPG-FFY 15 Page 23 of 30 Kent, City of, E16-108
Exhibit C
15EMPG WORK PLAN
Emergency Management Organization: City of Kent—Office of Emergency Management
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs.Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State
does not require a specific number of activities to receive EMPG funding. However, there are required capabilities
that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to
communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle to include 15EMPG grant and local funds).
Program Ared u$tainin, 3 Emergency Management Program support
Satellite phones copier lease, office supplies, meeting refreshments, punch kit lease(copier part), ink cartridges,
printing fees, small tools and equipment, professional development, emergency food and water(MRE distribution,
comfort kits)
4�_40h .-,.
"` Progran !}rea qh' j ! Community Outreach/Public Education
> To educate and discuss with our community the importance of disaster preparedness and the types of
disasters and threats that could happen in this region. To help them understand ways they can prevent
damage to their homes/businesses and how to assist during the different phases of a disaster. This will
o help in the rebuilding of our community by having less injuries and less strain on emergency personnel.
Emergency Management Function: Crisis Communications, Public Education and Information
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Trained community members and city employees will -Conduct at a minimum 2 CERT classes and 2 CERT continuing
directly correlate with a more resilient community. education classes
Trained individuals will have fewer incident related injuries -Offer disaster preparedness training to schools, businesses,
leading to response personnel that can focus on the areas and neighborhoods when requested from them. On average
of greatest need. approximately 6-12 a year.
-Attend community events as requested. On average
approximately 6-10 a year
CERT -Teach the full 8 week long FEMA course using the approved curriculum to the general public �I
in Kent, FD 37,the business community and employees from the City of Kent,City of Covington, Kent sustainment
Fire RFA,and the Kent/Covington Schools. Provide continuing education classes for past CERT
1 graduates.
Milestone: 2 Full CERT Class September2015 to May 2016
Milestone: 2 Continuing Education Classes June 2015 to August 2016
F Reach out to local Businesses/Neighborhood's and School to complete disaster preparedness
sustainment
> trainings
2 -- --- — -- - - - -
Successfully complete trainings in businesses,schools
U Milestone: June 2015 to August 2016
Q or neighborhoods.
Participation in multiple community events throughout the year(Cornucopia Days, National Night
Out,Kids Safety Day,You Me We, and multiple school events. sustainment
3 Milestone: Booth focused on Emergency Preparedness at June 2015 to August 2016
_ Covington &Corn Days
Milestone: Promotional items delivered to community regarding June 2015 to August 2016
disaster prep.
DHS-FEMA-EMPG-FFY 15 Page 24 of 30 Kent, City of, E16-108
j
ProgromAtea#2 ) Kent Communication Support Team (KCST)
KCST's primary role is providing communication support to the Kent ECC and staffing RFA station
> emergency communications. Meet, train and drill regularly to maintain a roster of competent
communications volunteers. A mobile communications van was purchased and outfitted to provide
increased flexibility for emergency communications.The van's capabilities and equipment reduce the need
co for duplicate fixed communications gear throughout the service area.Volunteers are FCC licensedI,
amateur radio operators with the interests and technical skills needed to serve this role.
Emergency Management Function: : Crisis Communications, Public Education and Information
Performance Measure(s) that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Enhanced skill levels of existing volunteers and growth in -Attend monthly team meetings and participate in weekly NETS.
the membership numbers and capabilities of the team. -Participate in a minimum of 5 of the 5th Saturday Drills and
Ability to provide emergency communications onsite in the annual field day.
event that the Kent ECC is inoperable. -Recruitment and qualification of one new volunteer per
month.
Expand the pool of volunteer communication operators and provide ongoing training in the use of
existing systems like the 800 MHz public safety network and specialized amateur radio methods for sustainment
digital communications
voice Recruit over
messages) over
lunt volunteersradio. --_ Jul 2015 to - August 2015
Y
Milestone: traincapability
p y pp � June 2015 to i August 2016
Addition o digital mode ca a i it as opposed to
_ s
5th Saturday Drills and Annual Field Day Exercise-Held quarterly,these drills include
yNj communicating with King County Regional ECC and with the State EMD in a variety of modes such as sustainment
(= phone,fax,amateur radio and email. j
Milestone: Successfully complete all
June 2015 to August 2016
Annual Field Day
Q 2 t Milestone: Begin transition "digital to git
ay Drills
xercise
al o op
posed d as posed to June
_—June 2015 to August 2016
voice messages)over the radio _
Develop a Mobile Communication capability to support Local and Regional Communications.Along
with the purchasing and positioning of equipment,develo procedures and trainin s to make - enhancement
volunteers more competent.
3 - -- - -
Milestone:P g P gP P I
fit
operal�odproceduoestand and
aininge for volunteer --ons van June 2015..-__ to _ , August 2016
Milestone: DeveAugust 2015 rs t to August 2016 I
Program P�rea#3 " , Exercises/Testing/Training
w Enhance our capabilities in the ECC through testing, exercises and trainings. Expand certified positional
assignments in the ECC, including new employees due to attrition.
w
m
O
Emergency Management Function: Exercises, Evaluations and Corrective Actions
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
ECC positions filled with qualified staff to support the City -Completion of at least one exercise.
in the event of an activation. -Test ECC systems monthly.
-Conduct at least one training with NGO, F80, and other
regional partners
DHS-FEMA-EMPG-FFY 15 Page 25 of 30 Kent, City of El6-108 '�i
Participate in the design,conduct,and evaluation at least one exercise during the performance enhancement
1 period.
Milestone: Completed exercise and conducted an AAR July 2015 to August 2016
Vf Test systems(electronics,displays,forms, etc.)on a rotating basis-continuation of monthly ECC in enhancement
W service days __ _
~ 2 Milestone: y y Find correct and enhance an issues that may arise from these test June 2015 to August 2016
� _ _
V Upgrade ECC electronics and support equipment to i -
Q Milestone: June 2015 to August 2016
fully maximize room capabilities
Collaborative training with NGO's, FBO's, and other regional partners. enhancement
3 Participate in the design,conduct and evaluation of at i
Milestone: June 2015 to ''i August 2016
a minimum 1 training and/or exercise.
pra ibilities
> Expand the capabilities and effectiveness of the Kent ECC, Department Operation Centers(DOCs),
Volunteer Management,Shelter Management and KCST to improve disaster response and
m
communications.
0
Emergency Management Function: Operations and Procedures
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Citywide emergency management operational systems, [Enhance 2 or more City DOCs
facilities and capabilities work as efficiently and effectively
as possible.
Kent ECC& DOCs-Continue to identify enhancements of the functionalities and capabilities
throughout the grant cycle. enhancement
Completion of projection and computer upgrade in
1 Milestone: August 2015 to August 2016
small training room in ECC _ ___
Provide network communication and status board February
Milestone: June 2015 ito
sharing for DOCs 2016
KCST(Kent Communications Support Team) �renhancement
w Acquire radio equipment for ECC Communications
August 2016
F 2 equipment
Milestone June to
capability
improve cache of emergencycommunications
Milestone: June 2015 to August 2016
Q Volunteer Management-Develop and train volunteer teams to support multiple functions within enhancement
the ECC and/or Disaster Preparedness/Recovery as per WAC 118.04
3 Completion of volunteer training(Message Center
Milestone: Training,Shelter training, ECC Trained Staff, EWRC, j July 2015 to August 2016
etc.)
System Development Consultants _ enhancement
Milestone: Improve all ECC/DOC processes June 2015 to August 2016
z'Pi'ogfatit ATEa 5 �" Public Information and Warning
= —
Communicate with the public via multiple ways in order to relay emergency information, preparedness
info, class/training schedules or any other important information for necessary public safety and
m
messaging.
O — -- —
DHS-FEMA-EMPG-FFY 15 Page 26 of 30 Kent, City of El6-108
iz
Emergency Management function: Communications and Warning
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Public safety communications,OEM communications, and -100%of Code RED updated on an annual basis
educational outreach is available to all abilities within the -100%review of FEMA's requirements for the Community
community:deaf and/or hard of hearing,non-English Rating System and Storm Ready for notification and warning
speaking community, etc. OEM has the ability to secure a section
translator/interpreter under all circumstances to include -Raise Social Media followers monthly
timely translation of messaging to reach all of the
community.
Code Red sustainment
1 Maintain and update the reverse 911 community alert
Milestone: Maintain 2015 to August 2016
system(Code Red) f
Social Media(Facebook/Twitter/Website). - ._ sustainment
2 Use Facebook and Twitter monthly to engage
Milestone: community with Emergency Preparedness June 2015 to August 2016
Information.
yt CRS/Storm Ready-Coordinate activities with Public Works to determine activities necessary and
Lu achievable to reduce insurance premiums and to participate and renew Storm Ready Communities sustainment
~ 3 within Kent.
------ -__— -----._.___.—__---
Successful certification as a Storm Ready F Community,Milestone: June 2015 to August 2016
Q — CRS rating improvement _ -
Interpretation and Translation Services-Partnerwith local interpreters when requested for
trainings,exercises or emergency situations. sustainment
To identify and utilize interpreters or translation
4 Milestone: June- -- -5 to August 2016
services when needed in trammgs/exereses. _
_.__ _--P - glanguage -._ __.
Recreate emergency communication documents into
Milestone: non-English s speaking June 2015 to August 2016
Document development _ enhancement
5 Milestone: Creation of documents for information and ca edution. June 2015 to August 2016
Frdgratn`Area#6 I LEPC
Continued EPCRA(Emergency Planning and Community Right to Know Act) compliance with database
tracking for Tier II sites for risk assessment. Integrate data for response planning. Continue to support
m growth of regional hazmat response and facility coordination through plan updates,training and drills.
0
Emergency Management Function: Operations and Procedures
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to fell if success has been achieved) i
Community risks to chemicals identified for response -Tier II database shared with any county requesting it,target of
planning. 10 counties to include feedback and database improvement
recommendations.
-Plan is 100%update
-Facilitate at least 1 Hazmat/LEPC drill
DHS-FEMA-EMPG-FFY 15 Page 27 of 30 Kent, City of E16-108
Database Management sustainment
1 To expand tier II database to be used be external
w Milestone: partners such as Zone 3 hazmat providers,fire June 2015 to August 2016
inspectors,King County and statewide LEPCs.
Plan_ updates,drills&exercises sustainment
ooperatonwithche SouthlK King County Fire Training �I, _ 1
U Milestone: Update facility psupportJune 2015 to August 2016
Q 2 LEPC Hazmat Facilit drills and exercises m
Consortium(SKCFiC)
ICI
DHS-FEMA-EMPG-FFY 15 Page 28 of 30 Kent, City of Ell6-108
Exhibit D
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE TASK
June 1, 2015 Grant Agreement Start Date
January 30, 2016 Submit reimbursement request
April 30, 2016 Submit reimbursement request
August 31, 2016 Grant Agreement End Date
October 15, 2016 Submit final reimbursement request, additional reports, and/or
deliverables.
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DHS-FEMA-EMPG-FFY 15 Page 29 of 30 Kent, City of E16-106
Exhibit E
BUDGET
IFFY 2016 Emergency Management Performance Grant Program
15EMPG AWARD $ 81,876.00
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries &Benefits $ - $
l9 Overtime/Backfill $ - $_ -
? Consultants/Contractors $ - $ -
Z Goods &Services $ 2,876 $ -
5 Travel/Per Diem $ - $ -
n. Indirect 0% $ - $ -
Subtotal $ 2,876 $ -
Z Salaries &Benefits $ - $ 182,850
O Overtime/Backfill $ - $ -
a Consultants/Contractors $ - $
N Goods &Services $ 55,000 $ -
Z $q Travel/Per Diem $ -
Indirect 0% $ - $ -
Subtotal $ 55,000 $ 182,850 !�
Salaries &Benefits $ - $ -
w Overtime/Backfill $ - $ - !!
Ln Consultants/Contractors $ - $ - !
Goods &Services $ - $ - !,
WTravel/Per Diem $ - $
Indirect 0% $ - $ -
Subtotal $ - $ -
Salaries &Benefits $ - $ -
Q Overtime/Backfill $ - $ - !
Z_ Consultants/Contractors $ - $ -
? Goods &Services $ - $
Travel/Per Diem $ 8,000 $ -
~ Indirect 0% $ - $ -
Subtotal $ 8,000 $ -
a Equipment $ 16,000 $
d Indirect 0% $ - $ -
u' Subtotal $ 16,000 $ -
Salaries &Benefits $ - $ -
Overtime/Backfill $ - $ -
q Consultants/Contractors $ - $ -
06 Goods &Services $ - $ -
Travel/Per Diem $ - $ -
Indirect 0% $ - $ -
Subtotal $ - $ -
TOTAL Grant Agreement AMOUNT: $ 81,876 $ 182,850
• The Subrecipient will provide a match of at least $81,876, 50% of the total project cost (local/tribal budget plus EMPG
award), of non-federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security- PI#753PT—EMPG
DHS-FEMA-EMPG-FFY 15 Page 30 of 30 Kent, City of, E16-108 �I!i
Attachment 1
U.S. Department of Homeland Security
QyQA� K? Washington, D.C. 20472
f
yF
W
Bret Daugherty
Washington Military Department
:Building 20
:Camp Murray, WA 98430
Re: Grant No. EMW-2015-EP-00028
1
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year(FY) 2015 Emergency Management Performance Grants has been approved in the amount of$7,219,266.00 . '
'As a condition of this award, you are required to contribute a cost match in the amount of$7,219,265.00 of non-Federal funds,
or 50 percent of the total approved project costs of$14,438,530.00 .
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
';accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
. Agreement Articles (attached to this Award Letter)
. Obligating Document (attached to this Award Letter)
. FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
'Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go on-line to the ND Grants system at https://portal.fema.gov. After logging in, you will see a subtitle Grants
Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records.
(Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form. The information on
the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1 F "Other."
The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor
Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial
institution. Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn: Vendor Maintenance
P.O. Box 9001
Winchester, VA 22604
' I
Secured Fax: (540) 504-2625
'Email: FEMA-Finance@FEMA.DHS.gov
System for Award Management(SAM): Please ensure that your organization's name, address, DUNS number, EIN, and
banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all
I
Attachment I
FEMA awards. The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on
the information provided in the SAM; therefore it is imperative that the information is correct.
If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646.
JEFFREY JAMES, Acting Division Director, FEMA Region X
III
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III
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II
Attaclunent 1
Agreement Articles
'2014-10-01 00:00:00.0�
U.S. Department of Homeland Security
� A Washington, D.C. 20472
I�ND SS�J4~I
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT EMW-2015-EP-00028-S01
NUMBER:
TABLE OF CONTENTS
Article 1 2015 EMPG HOLD on FUNDS
Article 11 Acknowledgement of Federal Funding
from DHS
Article III Activities Conducted Abroad
Article IV Age Discrimination Act of 1975
Article V Americans with Disabilities Act of 1990
Article VI Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Article VI Title VI of the Civil Rights Act of 1964
Article VIII Civil Rights Act of 1968
i
Article IX Copyright
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Attaclnnent 1
Article X Assurances, Administrative
Requirements and Cost Principles
Article XI Debarment and Suspension
Article XII Drug-Free Workplace Regulations
Article XIII Duplication of Benefits
Article XIV Energy Policy and Conservation Act
Article XV Reporting Subawards and Executive
Compensation
Article XVI False Claims Act and Program Fraud
Civil Remedies
Article XVII Federal Debt Status
Article XVIII Fly America Act of 1974
Article XIX Hotel and Motel Fire Safety Act of 1990
Article XX Limited English Proficiency (Civil Rights Act of
1964, Title VI)
Article XXI Lobbying Prohibitions
Article XXII Non-supplanting Requirement
Article XXIII Patents and Intellectual Property Rights
Article XXIV Procurement of Recovered Materials
Article XXV Contract Provisions for Non-federal Entity
Contracts under Federal Awards
Article XXVI SAFECOM
Article XXVII Terrorist Financing E.O. 13224
Article XXVIII Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX Trafficking Victims Protection Act of 2000
Article XXX Rehabilitation Act of 1973
Article XXXI System of Award Management and Universal
Identifier Requirements
Article XXXII USA Patriot Act of 2001
Article XXXIII Use of DHS Seal, Logo and Flags
Article XXXIV Whistleblower Protection Act
Article XXXV DHS Specific Acknowledgements and
Assurances
Article XXXVI Disposition of Equipment Acquired Under the
Federal Award
Article XXXVII Prior Approval for Modification of Approved
Budget
Article XXXVIII Acceptance of Post Award Changes
- 4 -
i
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Attachment 1'.
Article I - 2015 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015
EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article 11 -Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
with Federal funds.
Article III -Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article IV- Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et
sea.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V -Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12101-12213).
Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII)
All recipients who collect PI are required to have a publically-available privacy policy that describes what PII
they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy template respectively
Article VII -Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d
et seq.), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
Article Vill - Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, 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 (42
U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all
units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features (see 24 C.F.R. § 100.201).
Article IX - Copyright
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Attachment 1
V. A domestic or foreign for-profit organization;
V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations").
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to
you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
I. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
Article XVI - False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal
payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the
administrative remedies for false claims and statements made.
Article XVII - Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129 and form SF-424B, item number 17 for additional information and guidance.
Article XVIII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. §41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
Article XIX - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must
,ensure 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 Prevention and Control Act of 1974, as
amended, 15 U.S.C. §2225.
- 8 -
i
Attachment I
i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the
preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term: I. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c.1. of this award term:
I, To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the
requirements to report:
i. Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
I. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
- 7 -
Attachment 1
All recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government
(e.g., classified information or other information subject to national security or export control laws or regulations).
Article X -Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 424E Assurances— Non-
Construction Programs. Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
Article XII - Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. $ 701 et seq.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS
,has adopted the Act's implementing regulations at 2 C.F.R Part 3001.
Article XIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards.
Article XIV- Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV - Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in
which the obligation was made (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if-
- 6 -
I
Attachment 1
Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
and services. Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation. In order to facilitate compliance with Title VI,
recipients are encouraged to consider the need for language services for LEP persons served or encountered in
developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS published the required
recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg.
21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine
the extent of its obligation to provide language services; selecting language services; and elements of an effective
plan on language assistance for LEP persons. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on
http://www.lep.gov.
Article XXI - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award
may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal.
Article XXII - Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal
sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be
required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than
the receipt of expected receipt of Federal funds.
Article XXIII - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14.
Article XXIV - Procurement of Recovered Materials
All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Article XXV -Contract Provisions for Non-federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative,
- 9 -
Attachment 1
contractual, or legal remedies in instance where contractors violate or breach contract terms and provide
for such sanctions and penalties as appropriate.
b. Contracts in excess of $10,000.
All recipients that have contracts exceeding $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Article XXVI - SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII -Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
Article XXVIII -Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seg.), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX -Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. § 71041. This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November
13, 2007. Full text of the award term is located at 2 CFR § 175.15.
Article XXX - Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794, as amended, which provides that no otherwise qualified handicapped individual in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XXXI - System of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to
you.
- 10 -
i
i
Obligating Document for Award/Amendment�T
1a. AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
EMW-2015-EP-00028-S01 AMENDMENT 916001095G NO. ACTION FY2015R10EMPG
NO. AWARD
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military ! Grant Operations 500 C Street, S.W.,Room 723
Department 245 Murray Lane-Building 410, SW Washington DC,20472
Building 20 Washington DC,20528-7000
Camp Murray,WA,98430 :POC: 866-927-5646 !�
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER (253) Central Scheduling and Information Desk j
Sierra Wardell 512-7121 Phone: 800-368-6498 !
Email:Askesid@dlrs.gov
11.EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement
10/01/2014 OF From: To:
PAYMENT 10/01/2014 09/30/2016
PARS : Budget Period
10/01/2014 09/30/2016
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. , ACCOUNTING DATA '.PRIOR AMOUNT CURRENT ! CUMULATIVE NON-
NAME, "' (ACCS CODE) TOTAL AWARDED TOTAL FEDERALI!
ACRONYM XXXX-XXX- AWARD :. THIS AWARD COMMITMENT
XXXXXXXXXXX-XXXX :ACTION
XXXX-X +OR(-)
Emergency 97.042 2015-EM-Dlll-R107- $0.00.$7,219,265.00 $7,219,265.00 $7,219,265,00 .
Management 4101-D:FY2015R10EMPG -
Performance $7,219,265.00
Grants
TOTALS $0.00$7,219,265.00$7,219,265.00 $7,219,265.00
b.To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a.FOR NONr-DISASTER PROGRAMS: RECIPIENT IS REQUTRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients
should print and keep a copy of this document for their records.
16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
i
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) : DATE
Bret Daugherty,The Adjutant General 09/22/2015
Attachment I
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status against the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the DHS Component
and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
i
Article XXXVI - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200.313.
Article XXXVII - Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without
prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval.
Article XXXVIII -Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail
to ASK-GMD@dhs.aov if you have any questions.
I
- 12 - I
Attachment 1'�
C. Definitions
For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A
foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
C. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
I
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
Article XXXII - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-
175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological
agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose.
Article XXXIII - Use of DHS Seal, Logo and Flags
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XXXIV -Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§4304 and 4310
Article XXXV - DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors,
transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation conducted by
DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and
other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance.
11
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
09/14/2015
-t KIMBERLY PENFOLD,Assistance Officer