HomeMy WebLinkAboutE17-156 Kittitas County-16EMPG-signed(a) Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
Kittitas, County of
$24,465
E17.156
Kittitas County Sheriffs Office
307 W. Umptanum Rd
Ellensburg, WA 96926-6720
4. Subrecipient Contact, phone/email:
5. 'Grant Agreement Start Date:
6. Grant Agreement End Date:
Darren Higashiyama, (509) 933.8206
darren.hi ashi ama co.kittitas.wa.us
,tune 1, 2016
August 31, 2017
7. Department Contact, phone/emalL
8. Data Universal Numbering System (DUNS):
_
9. UBI # (state revenue):
Michael A Alston, (253) 512.7083
Michael.alston mii.wa. ov
010202547
192002673
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:
1
13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
EMS -2016 -EP -00002-801
08/10/2016
97.042 (16EMPG)
14, Total Federal Amount #:
15. Program Index # & OBJ/SUB-OBJ:
16. TIN:
$7,254,374
763PT NZ
91-6001349
17. Service Districts:
18. Service Area by County(ies):
19. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 13
Kittitas County
Certified?: X N/A 11NO
(BY CONGRESSIONAL DISTRICT): 8
❑ 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 ONO
❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the FY 2016 Emergency Management Performance Grant (16EMPG) 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 of those programs
as described In the Work Plan.
The Department Is the Recipient and Pass-through Entity of the 16EMPG Award EMS -2016 -EP -00002-S01, 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 Incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specIf'ed below.
FOR THE DEPARTMENT: J FOR THE SUBRI�,CIP NT:
Signature Date Signature Date
Richard A. Woodruff, Contracts Officer Gene Dana, Sheriff
Washington State Military Department Kittitas County Sheriffs Office
BOILERPLATE APPROVED AS TO FORM: ROVED AS TO FORM (if applicable):
Signature on File (9/6/2016) \ w S $A !3e ,j .� $ �� o �IL�C; 6
Brian E. Buchholz, Assistant Attorney General
Applicant's L al Review Date
Form 05/12/2015 MLL
DHS-FEMA-EMPG-FFY 16 Page 1 of 32 Kittitas, County of E17-156
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE 1. KEY PERSONNEL
The Individuals listed below shall be considered key personnel for point of contact under thisAny
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBREO|P|ENT MILITARY DEPARTMENT
Name
Darren Higashlyama
Name
Michael A Alston,
Title
Commander
Title
Pr6gram.Coordinator
Phone
509-933-8206
Phone
253-512-7083
Name
Gone Dana
Name
Sierra Wardell
Title
Sheriff
Title
Section Supervisor
E -Mail
aene.danaftco.kIttItas.yLa.us
E -Mail
sierrgga
Phone
509-962-7615
Phone
153-612-7121
Name
Heather Seibert
Name
Daltog Gamboa
Title
Phone
Chief Financial Manager
509-962-7099
Title
E Mail
Phone
Program Assistant
dal
253-512-7044
ARTICLE O. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The 8ubnacipientohaU comply with all applicable state and federal |eVVe, rU|oo, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 16EyWPG Program, |Mu|ud|ng' but not limited to, all criteria, restrictions and
requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity /N(JFO\ Fiscal
Year 2018 Emergency Management Performance Grant /EK4pGY' document, the DHS Award Letter for Grant
No. EK8G-2016-EP-00002'SO1. and the federal regulations commonly applicable to DHS/FEMA grants, all of
vvh|Ch are Incorporated hanoiD by UahynaMca. The DHS /wand Letter Is Incorporated in this Agreement as
Attachment #11.
The 8Ubrecip|eDt acknowledges that since this Agreement involves federal ovvanj fUnding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. Th$SUbreo|piont
agrees that |twill not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, V[any type ofpayment 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
SUBAVVARDS & CONTRACTS BY SUBRECUP(ENT
e. The 8Ubrecp|ontmust make o case-by-case determination whether each agreement it
makes for the disbursement of 16EMPG funds received under this Agreement casts the
party receiving the funds |Othe role ofa sUbrecip|antnrcontractor \naccordance with 2
CFR 200.330.
b. If the Subreciplent becomes a pass-through entity by making a subaward to a non-federal
entity as its subreciplent:
i The Subrecipient must comply with all federal laws and regulations applicable ho
pass-through entities of 16EMPG funds, including but not limited to those contained
in2CFR 2UO.
ii. The Gubrocipierd oheU require its SVbredp|eDt to comply with all applicable state
and federal laws, [U|em, neQU|ot|nMo, requirements and program guidance Identified
or referenced |nthis Agreement and the informational documents published by
DHS'FEWA,EMP8'FFY1G Page 2of32 KkUtao.County ofE17450
DMS/FEMA applicable to the 16EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of Homeland Security
(DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency
Management Performance Grant (EMPG)" document, the DHS Award Letter for
Grant No. EMS -2016 -EP -00002-501 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
16EMPG 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 the Budget (Exhibit
E). 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, the Subrecipient shall comply with 2 CFR 200.474 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at htt:ll sa. ov, and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements m il.wa,a ov 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 auditors.
DHS-FEMA-EMPG-FFY 16 Page 3 of 32 Klttitas, County of E17-156
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 to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
M. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose. The Subrecipient may be required to demonstrate
and document that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
REPORTING REQUIREMENTS
a. With each reimbursement request, the Subreciplent shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan activities 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 Subreciplent shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at h t . mII wa. v emer enc -
mana ement-division/ rants/re uired rantforms, which is Incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
State Preparedness Report,
DHS-FEMA-EMPG-FFY 16 Page 4 of 32 Kittitas, County of E17-156
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies
under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314
for management of supplies, to include but not limited to:
I. Upon successful completion of the terms of this Agreement, all equipment and
supplies purchased through this Agreement will be owned by the Subrecipient, or a
recognized non-federal entity to which the Subrecipient has made a subaward, for
which a contract, subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this Agreement will be
recorded and maintained in the Subreciplent's inventory system.
iii. Inventory system records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the
funding source for the equipment, including the Federal Award Identification
Number (FAIN); Catalog 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 Subreciplent shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every
two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the Subrecipient
to determine the cause of the difference. The Subrecipient shall, in connection with
the inventory, verify the existence, current utilization, and continued need for the
equipment.
V. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of their equipment and supplies including all
questions of liability. The Subrecipient shall develop appropriate maintenance
schedules and procedures to ensure the equipment, and supplies as applicable,
are well maintained and kept in good operating condition.
A, 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 or award, the
Subrecipient must comply with the following procedures:
A. Supplies: 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. Equipment: The Subrecipient must dispose of equipment as follows:
DHS-FEMA-EMPG-FFY 16 Page 5 of 32 Kitt(tas, County of E17-156
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.
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 Subrecipient shall comply with the Department's Purchase Review Process, which is
Incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
C. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at hfto://www.fema.gov/authorized-
pgW112ment-list. It is important the Subrecipient and any non-federal entity to which the
Subreciplent makes a subaward regard the AEL as an authorized purchasing list
identifying items allowed under the specific grant program, and includes items that may
not be categorized as equipment according to the federal, state, local, and tribal definitions
of equipment. The Subrecipient is solely responsible for ensuring and documenting
purchased items under this Agreement are authorized as allowed items by the AEL at time
of purchase.
If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award
funds.
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 becomes a pass through entity by making a
subaward 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. EHP program information can be found at
https://www.fema,,uov/office-environment,gl-ple,n-nlng-apd-hi t ri - esery do ; FP 108-023-1
Environmental Planning and Historic Preservation Policy Guidance at
httt)://www.fema.ciov/modia-librarv/assets/dl,,-,,c,,u a is/85 76; and FP 108.24.4 Environmental
Planning and Historical Preservation Policy at httos://www.fema.aov/media-
libra!y/-assets/`dgggMg.ats/101537, all of which are incorporated in and made a part of this
Agreement.
a. Projects that have historical impacts or the potential to impact the environment, including,
but not limited to construction of communication towers; modification or renovation of
existing buildings, structures and facilities; or new construction including replacement of
facilities, must participate in the DHS/FEMA EHP review process prior to initiation.
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to walls, and training or exercises occurring outside in areas not
DHS-FEMA-EMPG-FFY 16 Page 6 of 32 Kittitas, County of E17-166
considered previously disturbed, also require a DHS/FEMA EMP review before project
initiation.
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 and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10.
b. For all sole source contracts expected to exceed $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 the 2 CFR Part 200 Subpart F Audit
Certification Form located at http://mil,wa,cev/emergency-management-
division/ rants/re aired rantforms 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:
1. review of financial and performance reports
ii. monitoring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, e-mails and correspondence
Iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement.
DNS-FEMA-EMPG-FFY 16 Page 7 of 32 Kittitas, County of E17-156
Compliancy will be monitored throughout the performance period to assess risk.
Concerns will be addressed through a Corrective Action Plan.
B. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
subrecipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency (August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at httos://www.dhs.Qgv/guidance-published-helr
e artment-sup orted-or anizations- .rovide-me nin ful-access- eo le-limite and
additional resources on http://www.leg_qov.
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 2016 federal
preparedness funding, to include EMPG, NIMS compliance requirements for 2016 must
be met.
S. 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).
2, A portion of the 16EMPG 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
DHS-FEMA-EMPG-FFY 16 Page 8 of 32 Kittitas, County of El 7.166
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 $24,465 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. In the
final report, the Subrecipient shall identify how the match was met and documented.
5. Exercises that are Implemented with EMPG Program funds under this Agreement must meet the
requirements of the 16EMPG Program,
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. participate in no less than three exercises in a 12 -month period. The Subrecipient will report
exercise participation along with the final report.
b. 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 16EMPG Program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS -2016 -EP -00002-501, which are incorporated and made a part of this Agreement as Attachment #1.
DHS-FEMA-EMPG-FFy 16 Page 9 of 32 Kittitas, County of E17-156
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. "Subreciplent" 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 Subreciplent describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at htt ://mil.wa."ov/emer enc -mann men-
DMS-FEMA-EMPGFFY 16 Page 10 of 32 Kittitas, County of E17-156
division/ rants/re' uirgd"rantforms. 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.gov) ov) 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://www.Ini.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). 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
(h / de /s c n ar ent. s x).
r t'n rchasi /Business Pa sNe or -De
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.
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,
DHS-FEMA-EMPG-FFY 16 Page 11 of 32 Kittltas, County of E17-166
(PL 93-288.asamended).Ethics |nPublic Service/RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203~5). Public Records Act(RCVV 42.56), Prevailing VVaoas on Public Works /ROVV
39.12\.State Environmental Policy Act(RCW 43.21C).Shoreline Management Act of1971(RCW 90.50.
State Building Code (RCW19.27).Energy Related Building Standards (RCW19.27A)Provisions |n
Buildings for Aged and Handicapped PersoDs/RCW 70.92), and safety and health regulations.
|nthe event of noncomplianceo[refusal h}comply with any applicable law, regulation, executive order,
OMB Circular urpolicy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cmOoe|, or hanUiUata the Agreement in whole or in pod in its sole discretion. The Subrao|pimnt Is
responsible for all costs orliability arising from Its failure, and that ofits contractors and aubreo|p|8nts.bJ
comply with applicable |aws, nagu|stioOW. aXacUt|Vo Orda[a. OMB Circulars orpolicies.
A.1U CONTRACTING& PROCUREMENT
a. The Subreciplent shall use a competitive procurement process in the procurement and award of
any contracts with contractors orsub-contractors that are entered into under the original contract
ommnd. The procurement process followed ahoU be in accordance with 2 CFR Part 200.318
General procurement standards through 2OO.328Contract Provisions.
Aerequired byAppendix ||tn2CFR pert 2OD.all contracts entered into bythe 8ubnanipientunder
this Aon9anOent must iOC|Vdg the following pnoV|GioOe' as applicable:
1)Contracts for more than the simplified acquisition threshold currently set et%15O.0OO.which |G
the Inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations CVUn:U UDci|G\ as authorized by 41 U.S.C. 1908. rDVGt
address administrative, contractual, or legal nmmed|aa 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 |Do|ud|Dg the manner by which it will be effected and the basis for
settlement.
3) Equal Employment C)ppodunity. 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 OD-1.4/b\.inaccordance
with Executive Order 1124G."Equal Employment Opportunity" (3OFR1231S.12S35.3CFR Part,
19O4-19G5Conop..p.33Q).oaamended byExecutive Order 11375."Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part
80. "Office of Federal Contract Compliance Prognyma, Equal Employment Oppodunitv,
Department ofLabur."
4\ Oov|a'Bamzn Ao, as amended (40 U.S.C. 3141'3148). When required by Federal pnognonn
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the OeV|a'BaooOAot (40 U.S.C. 3141-3144. and
3148'3148) as supplemented by Department of Lobo[ regulations (29 OFR Part 5. "Lobo[
3t8Dd8yda ProV|a)nOa Applicable to CoDtnonho Covering Federally Financed and Assisted
Construction"). In accordance with the statute. contractors must be required to pay wages to
laborers and nmoohan|no at e note not |eoo than the prevailing wages specified in e wage
determination made by the 8aonata[y of Labor. In addition, contractors 0Vot be required to pay
wages not |amm than once a week. The non -Federal entity nnuaL place a copy of the current
prevailing wage determination issued by the Department of Labor in each so||o|toUVn. The
decision toaward Gcontract orsubcontract must baconditioned upon the acceptance ofthe wage
determination. The non -Federal entity must report all suspected or reported violations to the
FSd$yo| avvgnd|Dg agency. The contracts must also include a pnoV|o|nn for oU[np|ionoe with the
Copeland "Anti -Kickback" Ant (40 U.G.C. 3145), as supplemented by Department of Labor
[eQu|mUono (29 CFR Part 3, "Contractors and Subcontractors on Public Building 0rPublic Work
Financed In Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or aUbreo|piaDt 0Uut be prohibited from inducing, by any [nemOm. any person
employed in the construction, connp|$Uun, or repair of public Vvnrh, to give up any part of the
compensation towhich he or she |sotherwise entitled. The non -Federal entity must report all
suspected orreported violations tothe Federal awarding agency.
DHS-FEMA-EMP8-FFY18 Page 12of32 Kkhtau.County cfE17468
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 37013708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non -Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) --Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
Influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non -Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non -Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with 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
DHS-FEMA-EMPG-FFY 16 Page 13 of 32 Kittitas, County of E17-156
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163, 89 Stat. 871).
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.
DNS-FEMA-EMPG-FFY 16 Page 14 of 32 Klttitas, County of E17-156
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 (DMS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply;
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated In writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under -this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the 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/ 1JE8LTH 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 Subreciplent to so comply.
DFIS-FEMA-EMPG-FFY 16 Page 15 of 32 Kittitas, County of E17-156
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 from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and
audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
designees, by the Comptroller General of the United States or its designees, or by other state or
federal officials authorized by law, for the purposes of determining compliance by the Subrecipient
with the terms of this Agreement and to determine the appropriate level of funding to be paid under
the Agreement.
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
DHS-FEMA-EMPG-FFY 16 Page 16 of 32 Kittitas, County of E17-156
this Agreement. Despite the [n|ninnun1 federal retention requirement of three (8) years, the more
stringent State requirement of six (6)years must be followed.
A.2O RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLAN
While the Department undertakes to assist the Subreciplent 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, GG these phrases are applicable to this project, is solely that of the SUbreC|pierd' as is
responsibility for any claim or suit of any nature by any third party n*|otnd in any way to the project.
Prior to the start of any construction activity, the Subreciplent shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National EDV|ruD[neOta| Policy Act, the NoUoD8| Historic Preservation Act. the EDdaOQ8nad Species
Act, and all other environmental |aVVG. regulations and executive orders.
The SUbrec|p|eOt ahe|| defend, at its Ovvn oVst, any and all claims orsuits @tlaw or In aquih/, vvh|oh may
bobrought against the 8ubn]cip|gnt|Dconnection with the project, The 8ubreC|p|8Dtshall not look t0the
[)epadmant, or to any state or federal agenCy, or to any of their employees or aggDta, for any
performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or
aftorneys'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
|fany court ofrightful jurisdiction holds any provision or condition under this Agreement orits application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
ofthe Agreement, which can be given effect without the invalid provision. To this end. the tm[[ne and
conditions ofthis Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subreciplents 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 subreciplent.
Subreciplents that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAG) as found In the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
o federal auditor, or pUb||o accountant performing work using GAB/\8, as appropriate. Coots of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The SVbnooip|8ntshall maintain auditable records and accounts so aotofacilitate the audit requirement
and shall ensure that any sub-contractors also [Da|Ota|D auditable records. The Gubnan|p|ant is
responsible for any audit exceptions incurred by its uVVD organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned 000io
eheU be included with the audit report. Tha8ubrecip|eOt must respond to Department requests for
information or o¢rnaoUve action ooDco[D|ng audit ieouae or findings within 30 days of the date of
request. The Department reserves the right to recover from the Gub[eoipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it Includes any audit findings, the 8ubnac|pieUt must
send afull copy ofthe audit and Its corrective action plan to the Department at the following address no
later than nine (Q) months after the end ofthe Gub[Gcip|anysfiscal year/s\:
DHS-FEMA-EMP8-FFY1G Page 17of32 KkUtao.County nfE1745S
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 95430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subreciplent 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 Subreciplent 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.
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,
DMS-FEMA-EMPG-FFY 16 Page 18 of 32 Kittitas, County of E17-156
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 (1 Q) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it Is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a
"Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice, Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of
the Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
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;
DHS-FEMA-EMPG-FFY 16 Page 19 of 32 Kittitas, County of E17-156
c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department,
all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated,
in which case the Department has the right, at its discretion, to settle or pay any or all claims arising
out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts,
with the approval or ratification of the Department to the extent the Department may require, which
approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by
the Department any property which, if the Agreement had been completed, would have been required
to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the Department
In compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the Subrecipient
and in which the Department has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or
women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified
in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
DHS-FEMA-EMPG-FFY 16 Page 20 of 32 Kittitas, County of E17-156
Exhibit C
16EMPG WORK PLAN
me purpose or emt'u 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 N IMS compliant. The Work Plan delineates the Emergency Management Organization's emergency
management rogram planning and priority focus for this grant cycle (to Include 16EMPG grant and local funds).
(Pragrani,Aren"#1 _ ,
EOC equipment upgrades
WORK PLANNED WHY THE WORK IS BEING DONE
lurchase and Install HAM radio equipment, !The EOC does not have redundant
antenna, and base station. It will be permanently Icommunications.
)laced in the new EOC room expediting
:ommunications in cases of emergency. The unit
Nill be able to be ran off of generated power and
:an deliver verbal and text communications over a E
on distance
g
,Program *ee k2
Emergency management training and
B!Cs
1 Conduct training for emergency management
professionals In Kittitas County to include Includes
the EM Direct, EM Coordinator and EOC members
on such topics as NIMS.
WHY THE WORK IS BEING DONE
Training needs and new techniques to plan,
mitigate, respond and recover from disasters are
constantly evolving. Continual training is
paramount for the best possible outcome in a
tragic event. Training new EOC members, as well
as continual training for current staff, is an
ongoing necessary process to maintain and
enhance emergency management for the county,
'RESULT OF THE WORK
!The new HAM radio base station stationed at the
new EOC will provide redundant communications,
l Once installed ARES/RACES members will be able
Ito communicate in the event that normal
communications lines go down.
RESULT OF THE WORK
Training of personnel will maintain and enhance
emergency management for the county. NIMS
related training benefits EOC and EM staff with
;the ability to "speak the same language" as first
responders. Other training such as stress
management to the Incident Commander in the
EOC.
r.,
2 lAttend Partners In Emergency preparedness and :Attending workshops and conferences better EM staff gain additional knowledge that can be
WSEMA conferences/workshops
prepares County EM staff for handling emergency i used to improve Kittitas County Emergency
events. It also allows staff members to gain
-management program and Improve relationships
°knowledge of new techniques in combating
with surrounding community emergency
,emergency situations, The funding makes it
managers so that they are able to mutually work
,possible to attend the workshops, gain new Ins light
together in the event of a disaster or emergency.
sand meet people before an incident instead of
shaking hands at an Incident.
Program Area N31-
FUR unit for KCSO Drone
WORK PLANNED
WHYTHE WORK IS BEING DONE
RESULT OF THE WORK
1 Purchase a FUR (Forward Looking Infrared)
The Kittitas County drone is used for search and
The FUR unit will greatly enhance the Search &
camera system for the Kittitas County Sheriff's
rescue operations. The drone can be launched by
Rescue capabilities In Kittitas County, along with
Office (KCSO) drone. (AEL # 04MD-011RED)
:hand and can fly almost anywhere in the county,
I Homeland Security Region 7 partners, by being
It currently is equipped with a regular color
able to see In the dark or during bad weather.
camera and has the ability to stream real-time
Search and Rescue will now have a great air asset.
;information to a tablet or phone. The FLIR or
Forward Looking Infrared, would allow Search &
Rescue to be able to look for lost people in dark or.
Inclement weather. The drone is currently the
lonly air asset S&R has.
DINS-FEMA-EMPG-FFY 16 Page 21 of 32 Kittitas, County of E17-156
Program Area 44
Public Outreach
WORK PLANNED
- Provide evacuation forms, pamphlets, and
preparedness guides to the community in both
English and Spanish In the rural and LEP
Continue Limited English Proficiency (LEP)
Program
WHY THE WORK IS BEING DONE
,The Kittitas County EOC/Emergency Management
is responsible for preparing citizens for disasters
and coordinating response to and recovery from
'disasters and emergencies. The current
'preparednass, response, and recovery program in
Kittltas County is expanding and being refined on
`,an ongoing basis,
Due to lessons learned from recent fires,
preparedness efforts are focused on limited
English speaking populations. Spanish is the
second leading language in Kittltas County after
English. Kittltas County was a pilot program for
the LEP program in Washington State. This
program focuses outreach to community
members that do not speak English. The pilot
program has received great reviews and is
currently being expanded to other areas in the
nty,
RESULT OF THE WORK
i Citizens will be better prepared In case of an
emergency directly leading to a more resilient
community. Additionally, targeted efforts through
the LEP program will ensure the Spanish speaking
population within the county are able to prepare
for emergencies and receive guidance from the
County through recovery,
Conduct door to door outreach in very rural areas jTo ensure communication with outlying areas. All residents will be better prepared for
of Kittltas County, as wall as the areas that containKittitas County has many outlying rural residences ? emergencies to Include how to prepare for and
the LEP population. The program Is designed to +that may not know how to or where to gain where to respond during a disaster and how to
actually knock on doors In outlying areas of the Information during an emergency. One of the retrieve Information on recovery.
County giving residents preparedness tips and :gaps identified from the 2015 fires was a need to
where they can find Information and instructions (communicate disaster preparedness and response
during an emergency, information to both rural populatons and non -
.English speaking populations.
Program Area #5
Ballistic Body armor for SWAT team
WORK PLANNED
Purchase heavy vest body armor for Kittltas
County Regional SWAT team, AEL # (01LE-01-
ARMR)
Major milestones (Jan -Mar 2017)
Put out bids
Create purchase order
Receive goods
-Assign new body armor
WHY THE WORK IS BEING DONE
Kittltas County Special Response Team (KCSRT) is
a multi-jurisdictlonal Tier III team. The current
body armor has expired and needs to be replaced.
'The outer vests are currently operable; however,
.the ballistic panels inside the vest have expired,
RESULT OF THE WORK
The purchase of the body armor will allow KCSRT
Jo wear non -expired ballistic vests when deployed
In hostile environments. The ballistic panels will
greatly enhance the safety of the operators when
deployed.
DHS-FEMA-EMPG-FFY 16 Page 22 of 32 Kittltas, County of E17-166
Exhibit D
TIMELINE
FFY 2016 Emergency Management Performance Grant Program
DATE
TASK
June 1, 2016
Grant Agreement Start Date
April 30, 2017
Submit reimbursement request
August 31, 2017
Grant Agreement End Date
October 15, 2017
Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 16 Page 23 of 32 Kittitas, County of E17-156
Exhibit
BUDGET
FPY 2016 Emergency Management Performance
16EUNPG AWARD
SOLUTION
AREA
CATEGORY
EN1PG AMOUNT
MATCH AMOUNT
Salaries & Benefits
44,764
Subtotal
$ 500
$
_14,764
Goods & Services
$ 665
_Iravel/Per Diem
0
Subtotal
665
Salaries & Benefits
Goods & Services
Travel/Per Diem
Subtotal
Salaries & Benefits
$
Z
Go cls & Services
Travel/Per Diem
$ 7,300
Subtotal
$ 7,300
CL
C.,
Equiement,
16,000
Subtotal
$ 16,000
Goods & Services
$
Travel/Per Diem
$
---
TOTAL Grant Agreement AMOUNT:
$ 2 4,4 "65
$ 44,764
• The Subreciplent
will provide amatch mf$244B5 5oY6o[the total project cost (|ouel/thbal
budget plus GIVIPSawar ).
ofnon-federal origin.
° Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed
without prior written
authorization from the Department.
Funding Source: U.S.Department ofHomeland Security 'P|#783PT~EK8PG
DHS'FElV1A-EMPB'FFY10
Page 24nf32
K|tti(eo.County o[E1745G
Attachment 91
16EMPG Award Document
E M S -2016-E P -00002-S 01
Aw•urd�;rtter� "`"�"`" �� "`
U.S. Department of Homeland Security
Washington, D.C.: 20472
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 58430 - 5122
Re: Grant No.EMS-2016-EP-00002
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2016 Emergency Management Performance Grants has been approved in the amount of $7,254,374,00.
As a condition of this award, you are required to contribute a cost match in the amount of `b7,254,374.00 of non -Federal funds
or 50 percent of the total approved project costs of $14,508,748,00,
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 2016 Emergency Management Performance Grants Notice of Funding Opportunity,
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 log in to the ND Grants system at https:Hportal.fema.gov.
Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the
Application sub -menu, and then click the link for "Award Offer Review" tasks, This link will navigate you to Award Packages
that are pending review.
Step 3: Click the Review Award Package loon (wrench) to review the Award Package and accept or decline the award, Please
save or print the Award Package for your records.
System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular,
your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used
In SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
In the SAM; therefore, it Is Imperative that the information is correct. The System for Award Management is located at �/
www.sam gov.
If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS)
know as soon as possible. This will help use to make the necessary updates and avoid any Interruptions In the payment
process.
CHRISTINE JONIENTZ TRISLER
DHS-FEMA-EMPG-FFY 16 Page 25 of 32 Kittltas, County of E17-156
/
)
Article
Article 11
�
Article III
!
!
Article IV
/
` Article
�
Article VI
Article VI
ArtioleNU
Article IX
Article
'
Article XI
'
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVI |
Article XVIII
Article XIX
Article XX
U.S.Department oyHomeland Security
Washington, D,C, 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
Washington Military Department
Emergency Management Performance
Grants
EMG'2016-EP-00002'801
TABLE OFCONTENTS
Use of DHS Seal, Logo and Flags
USA Patriot Act of 2001
Universal Identifier and System ofAward Management
(SAM)
Reporting nfMatters Related toRecipient Integrity and 1
Performance /
Rehabilitation Act oy1873
Trafficking Victims Protection Act of20C0 |
Terrorist Financing /
GAFECOM '
|
Reporting Gubawardsand Executive Compensation
Procurement of Recovered Materials /
�
Patents and Intellectual Property Rights `
Notice o[Funding Opportunity Requirements '
�
Non'oupp|oniimgRequinempnt �
Lobbying Prohibitions
Limited English Proficiency (Civil Rights Act o[19S4,Title VI)
Hotel and Motel Fire Safety Act n[1990 �
Fly America Act o[1874 !
Best Practices for Collection and Use cfPersonally �
Identifiable Information (PU) �
Americans with Disabilities Act u[19g0 �
DHS-FEMA-EMPG-FFY 16 Page 26 of 32 Klttitas. County of E17-166
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXX II
Article XXXI II
Article XXXIV
Article XXXV
Article XXXVI
Article XXXVII
Article XXXVIII
Article I - Use of DHS Seal, Logo and Flags
Activities Conducted Abroad
Acknowledgment of Federal Funding from DHS
Federal Leadership on Reducing Text Messaging while
Driving
Federal Debt Status
False Claims Act and Program Fraud Civil Remedies
Energy Policy and Conservation Act
Education Amendments of 1972 (Equal Opportunity in
Education Act) - Title IX
Duplication of Benefits
Drug -Free Workplace Regulations
Debarment and Suspension
Copyright
Civil Rights Act of 1968
Civil Rights Act of 1964 - Title VI
DMS Specific Acknowledgements and Assurances
Assurances, Administrative Requirements, Cost Principles,
and Audit Requirements
Whistleblower Protection Act
National Environmental Policy Act
Nondiscrimination In Matters Pertaining to Faith -based
Organizations
All recipients must obtain permission from their financial assistance office, 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 II - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting andStrengtheA tri Prvillin A r r'
Required to Intarc t and al,tc Terrarfn APATR1Oj A& which amends
Article III - Universal Identifier and System of Award Management (SAM)
All recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the System
for Award Management and Universal Identifier Requirements located at 2_Qendj&A_ the full text of which is
incorporated here by reference in the terms and conditions of your award.
Article IV - Reporting of Matters Related to Recipient Integrity and Performance
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal
assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you
must comply with the requirements set forth In the government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located atm R. Part ADvendix XII, the full text of which is incorporated here by reference In the
terms and conditions of your award.
Article V - Rehabilitation Act of 1973
DHS-FEMA-EMPG-FFY 16 Page 27 of 32 Kittitas, County of E17-156
,All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 21U��L 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,
Article V1'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 of 2000, (TVPA) as amended (22 The award term is located at 2—QER
jgg�l �, the full text of which Is Incorporated here by reference In the terms and conditions of your award.
'Article VII - Terrorist Financing
�All recipients must comply with 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 Order and laws,
i
Article VU|'SApECoKx
.All recipients who receive awards made under programs that provide emergency communication equipment and its related
activities must comply with the AAEEQQM Guidance for Emergency Communication Grants, including provisions on technical
.standards that ensure and enhance Interoperable communications.
'Article IX - Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting
'Subawards and Executive Compensation located at 2 C. FIR- Part 170. Appendl&& the full text of which is incorporated here
,by reference In the terms and conditions of your award.
Article X - Procurement of Recovered Materials
All recipients must comply with Section 6002 of the,Solid te Q��gt_A
as amended by the &4,w
BffLo_vW_Agt. The requirements of Section 6002 Include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CY.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,
Article X1 - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the as amended, and codified
.in seQJ19D.M 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 located at 37,QE,R. Pgrt 401 and!
the standard patent rights clause located at 37 C.F.R. section 401.14.
}
Article XU^Notice of Funding Opportunity Requirements
� !
All of Notice of for this.
program are incorporated here by reference In the terms and conditions of your award. All recipients must comply with any `
such requirements set forth |nthe program NORO, |
Article XIII ~Non -supplanting Requirement '
All recipients whoreceive awards made under programs that prohibit supplanting bylaw must ensure that Federal funds do �
not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. �
'Article XIV ~ Lobbying Prohibitions �
. /
All recipients must provided under onaward may |
,be expended bythe recipient b`pay any person tnInfluence, nrattempt huInfluence anofficer uremployee nYany
,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 orrenewal,
Article XV~Limited English Proficiency (Civil Rights Act of1964.Title VI)
I recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on
basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
�aningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance
id information regarding language access obligations,. please refer to the DNS Recipient Guidancet :IM, �,,M w dhs.aov_i
itdahce-.O lshed-help-department-support, prg ni g rovi( and additional
sources on hfto;//Www.le).aov.
XVI - Hotel and Motel Fire Safety Act of 1990
i accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 1� t�c�r _22
2tall recipients must
insure that all conference,, meeting, convention, or training space funded in whole or in part with Federal funds complies with
ie fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 1 U_S C.
Article XVII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates underl i_$
section Ate,) 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 (;;,..lh„stlprt,1 i,) and
the Interpretative guidelines issued by the Comptroller General of the United States In the March 31, 1981, amkugMqqt to
Comptroller General Decision B-138942,
Article XVIII - Best Practices for Collection and Use of Personally Identifiable Information (1311)
DNS defines personally identifiable information (PII) as any Information that permits the identity of an Individual to be directly
or indirectly Inferred, including any Information that Is linked or linkable to that individual. All recipients who collect PII are
required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they
collect, Award recipients may also find as a useful resource the DNS Privacy Impact Assessments: Privacy ,Gu encs and
EdyM_terwlate respectively.
Article XIX - Americans with Disabilities Act of 1990
'All recipients must comply with the requirements of Titles I, 11, 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 entitles. (get l B r t n I2I 9 1 l )•
Article XX -Age Discrimination Act of 1975
All, recipients must comply with the requirements of the Age Discrimination Act of 1975 ' 1
&”,whlch prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance
Article XXI - 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 XXII - Acknowledgment 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 XXIII - Federal Leadership on Reducing Text Messaging while Driving
'All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in r
= Including conducting initiatives described in Section 3(a) of the Order when on official Government business or when
;performing any work for or on behalf of the federal government
Article XXIV - 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 MSJLqUjff, J ,
Article XXV - False Claims Act and Program Fraud Civil Remedies
DHS-FEMA-EMPG-FFY 16 Page 29 of 32 Kittitas, County of E17-156
All recipients must comply with the requirements of WAQ naum= - 3733 which prohibits the submission of false or
fraudulent claims for payment to the Federal Government, See 1 tt 3 r which details the administrative
remedies for false claims and statements made.
'Article XXVI - Energy Policy and Conservation Act
All recipients must comply with the requirements of g2 -JJ; _1Qd(�„ which contain policies relating to energy efficiency
that are defined In the state energy conservation plan issued In compliance with this Act,
'Article XXVII - Education Amendments of 1972 (Equal Opportunity In Education Act) - Title IX
,All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (2t t�iiCi
which provide 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. DHS implementing regulations are codified at LQ E B .I . and ,; 4D_E _aaXM
Article XXVIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for inxmay 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 a recipient form 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 award,
Article XXIX - Drug -Free Workplace Regulations
All recipients must comply with the Drug -Free Workplace Act of 1988 ) which requires all
organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the
Act's Implementing regulations atPat;3pD.1.,
Article XXX - Debarment and Suspension
All recipients are subject to the non -procurement debarment and suspension regulations Implementing Executive Orders
�- and , and 1,, These regulations restrict awards, subawards, and contracts with certain parties that -
are debarred, suspended, or otherwise excluded from or Ineligible for participation in federal assistance programs or activities,
Article XXXI - Copyright
All recipients must affix the applicable copyright notices of J.,7 jW_4QJ9L_ and an acknowledgement of
'Government sponsorship (including award number) to any work first produced under Federal financial assistance awards
Article XXXII - Civil Rights Act of 1968
All recipients must comply with 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 ( 2 U.S.C_ section 3601 etq.), 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 F.R .ti9n..'j, ..:�.1.),
Article XXXIIi - Civil Rights Act of 1964 - Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (mil? Qpets,),
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, DHS implementing regulations for the Act are found at. ,9 and 44 j ,Parti.
Article XXXIV - DHS Specific Acknowledgements and Assurances
All recipients, sub -recipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
DHS-FEMA-EMPG-FFY 16 Page 30 of 32 Kittitas, County of E17-156
il, Recipients must cooperate with any compliance reviews or compliance investigations 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 award 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.
.3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
tbackup 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 I
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 financial
assistance office and the DHS Office of QyiLft! b and ClyLl erL -mail at grgl& I t
J§A __ _Ub_ ps (CRCL) by qo
b�sps or by mall a U,S. i
,Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D,C,
;20528,
6. In the event any court or adrninisitfative agency makes a finding of discrimination on grounds of race, color, national origin i
((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
.financial assistance office and the CRCL office by e-mail or mail at the addresses listed above -
The United States has the right to seek judicial enforcement of these obligations.
'Article XXXV - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements
DHS financial assistance recipients must complete either the tit E4f�4i At_ f!dttii1t?i
F1pULq= o r QMB 8 4 24 D Assurances- roora Certain assurances In these
__Jgndgrd &rm as applicable
documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify
additional assurances, Applicants are required to fill out the assurances applicable to their program as Instructed by the
awarding agency. Please contact the financial assistance office If you have any questions.
,DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at ZD_EJ3_p_aLLM and adopted by
'DHS at 2 C.F.R. Part 3002,.
Article XXXVI - Whistleblower Protection Act
All, recipients must comply with the statutory requirements for whistleblower protections (if applicable) at _%U.3,.QMJLqa
2M, ALU,3_Q, i
_4LIZ and _Q and
Article XXXVIII - National Environmental Policy Act
All recipients must comply with the requirements of the NAJp(1qj_YLg
_p0=tgL2QLqV A
gjkN-Et and the Council on
Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to
,use all practicable means within their authority, and consistent with other essential considerations of national policy, to create
and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and
other needs of present and future generations of Americans.
Article XXXVIII - Nondiscrimination in Matters Pertaining to Faith -based Organizations
Faith -based organizations are, under _„C afforded certain protections as It relates to eligibility to receive financial
assistance from DHS for social service programs, or to participate In social service programs administered or financed by
,DHS. Organizations that receive financial assistance from DHS for a social service program or participate In DHS social
service programs have an obligation to comply with the equal treatment policies and requirements contained In 6 C.F.R. Part
19 which, among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis
,of religion or religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
and generally require recipients subject to the rule to provide certain protections, and notice of those protections, to their
beneficiaries. Recipients must also comply with any other policies and procedures regarding the participation of faith -based
organizations contained In applicable statutes, regulations, and guidance governing individual DHS programs,
DHS-FEMA-EMPG-FFY 16 Page 31 of 32 Kittitas, County of E17-156
Obl.igqtiiigD(icuiiipnt'folt,Aw,ard/Ailietidiiient,�
1 a. AGREEMENT NO. 2. 3. RECIPIENT NO,
EMS -2016 -EP -00002-801 AMENDMEN1916001095G
NO,
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430 -
5122
9, N,A&IE OF RECIPIENT
PROJECT OFFICER.
Sia 111 11 11
7, ISSUING FEMA OFFICE AND
ADDRESS
Grant Operations
245 Murray Lane - Building 410, SW
Washington DC, 20528-7000
POC; 866-927-5646
4. TYPE OF 5, CONTROL NO.
ACTION FY2016R10EMPG
AWARD
8.PAYh, IEr OF MCP AND ADDRESS
Financial Services Branch
%0 C Street, SAV., Room 723
Washington DC, 20472
PHONE NO. IQ. NA1v1E OF FENIA PROJECT COORDINATOR
253-512-7121! Central Scheduling and Information Desk
,Ph
Frit are
One:
Email: Askcsid@dhs,gov
11. EFFECTIVE DKI'H OF
12.
13. ASSISTANCEARRANGEMENT
14. PLIOZORNJANCE PLRIOD
THIS ACTION
= METHOD
Cost Reimbursement
10101/2015
OF
Frow:
PAYMENT
10/01/2015 09/30/2017
' PARS
Budge( Period
10/01/2015 09/3012017
15. DESCRIPTION OF ACTION
a. (indicate funding data Far awards or financial changes)
PROGRAM > CrDA NO. 'ACCOUNTING DATA 1 PIUORAMOUNT 'CUR.RLNT CUMULATIVE NON -
NAME (ACOS CODE) TOTAL AWARDED i TOTAL FEDERAL COMMITMENT;
ACRONYM
IDL I IXK - AWARD
X AWARD THIS
ACTION
OR(-)
Emergency 97.042 2016 -ENI -DI I I -RI 07- $0.003 $7,254,374.00. $7,254,374M)
Management .4101-1)
Perform ante
Grants
TOTALS $0.00 $7,254,374.00 $7,254,374.00 $7,254,374.00
b. To describe changes other than funding data or financial changes, attach
schedule and check here.
N/A
16 a. FOR NON -DISASTER PROGRM43. RECIPIENT 13 REQUIRED T 0 SIGN AND RE'TURN 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: RECIPIENrr IS NOT REOUIREDTO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above,
17. RECIPIENT SIGNATORY OFFICIA1, (Name and Title)
Sierra Wardell, Preparedness Grants Section Program Manager
18, FEMA SIGNATORY OFFICIAL, (Name and Title)
Kr1v1BERI,Y P13NFOLD,
DATE
Wed Aug 24 15;24:50 GMT
2016
DATE
Wed Aug 10 17:43:17 GMT
2016
DHS-FEMA-EMPG-FFY 16 Page 32 of 32 Kittitas, County of E17-166
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
Kittitas County; Kittitas County Sheriffs Office I a 1 13 9 /6
PROJECT DESCRIPTION CONTRACT NUMBER
EMPG Grant 2016
E17-156
I
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Gene Dana Sheriff / 2019
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Gene Dana Sheriff
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Darren Higashiyama Commander
Heather Seibert Chief Financial Manager
11NAC-lWOLIiHOME1KARENBI....IWP151GNAUTH Revised 3103 m
Subrecipient Agency:Kittitas County
Grant and Year: EMPG Grant 2016 Agreement Number: E17-156
Completed Darren Hi ashi ama Commander
by: 0 Y (509) 933-8206
Date Completed: 12/13/2016
Is your grant agreement less than $25,000?
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal fundina?
Does the public have access to Information about
the total compensation* of senior executives in
Your organization?
STOP, no further I NO
analysis needed, I I GO to Step 2
GO to Step 6 I I
YES NO STOP, no further
GO to STEP 3 analysis needed, GO to
Step 6
YES NO I STOP, no further
1:1
GO to STEP 4 analysis needed, GO to
Step 6
YES STOP, no further NO
analysis needed, GO to STEP 5
F1 GO to step 6
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 $25.000."
Signatu
Date: !a f 4j
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation Including, but not limited to, severance and termination payments
• Life Insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse,gov/omb/open
http://www.hrsa.gov/grants/ffata.html
h"i)://www aoo.aov/fdsys/r)ka/FR-2010-09-14/i)df/2010-22705.odf
http://www.cirants-gov/
Page 1 of 3
Name;
Executive #1
Total'Compensation
amount
,$
Name:
Executive #2
Total Compensation
amount:
$
Executive #3
.Name:
TotalCompensation
amount:
'$
Name:
Executive #4
Total Compensation
amount:
$
Name:
Executive #5
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."
Signatu
Date: !a f 4j
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation Including, but not limited to, severance and termination payments
• Life Insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse,gov/omb/open
http://www.hrsa.gov/grants/ffata.html
h"i)://www aoo.aov/fdsys/r)ka/FR-2010-09-14/i)df/2010-22705.odf
http://www.cirants-gov/
Page 1 of 3
Washington Military Department Contract Number: E17-156
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
Kittitas County
County of Kittitas
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
205 West 5th Ave; Suite 105
or Solicitation #, if any:
Identifier (UBI)
Identification #:
Ellensburg, WA 98926
192-002673
916001349
This certification is submitted as part of a ro uest 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, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Aa. Date: 11-1/5//k,
r r'
Print Name and Title;
Formw-9
(Rev. December 2014)
Department of the Treasury
Intemal Revenuo Service
1 Name (as shown on your Income tax
County of Kittitas
Kittitas
Request for Taxpayer
Identification Number and Certification
name,
on
duove
Give Form to the
requester. Do not
send to the IRS.
3 Check appropriate box for federal tax classification; check only one of the following seven boxes, 4 Exemptions(codes apply only to
❑ Individual/sole proprietor or F -1C Corporation El Corporation EJ Partnership certain entities, not Individuals; sec
p ❑ Trust/estate instructions an page 3):
single -member LLC
❑ Limited liability company, Enter the tax classification (C -C corporation, S=S corporation, Pttpartnership) ► Exempt payee code Of any) 3
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
the tax classification of the single -member owner, code (if any)
❑ Other (see instructions) ► (Applies to accwnts Mlntalned autstda the V.9)
5 Address (number, street, and apt, or suite no.) Requester's name and address (optional)
205 West 5th Ave Suite 105
Ellensburg, WA 98926
7 List account number(s) here
Z
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 Now to get a -FT
TIN on page S. or
Note. If the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer identification
guidelines on whose number to enter, F-7-71 F-
-r--1--
Under penalties of perjury, I certify that:
1. The number shown on this farm 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.
veyrr I Signature of
Hera U.B. person )-
General
General Instructions`
Section references are to the Internal Revenue Code unless otherwise noted,
Future developments, Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.1rs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer Identification number (TIN)
which may be your social security number (SSN), individual taxpayer Identification
number (ITIN), adoption taxpayer Identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of Information
returns Include, but are not limited to, the following:
• Form 1099 -INT (Interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
Date ► l�-lfy 4(
• Form 1099 (home mortgage Interest), 1098-E (student loan interest), 1099-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Farm W-9 only If you are a U.S, person (including a resident alien), to
provide your correct TIN,
If you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What Is backup withholding? on page 2,
By signing the filled -out form, you;
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Cartify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding If you are a U.S. exempt payee. If
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
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct, See What Is FATCA reporting? on
page 2 for further Information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations
Contact,lnform6t! ' h
Subreciplent Name (Agency, Local Government, or Organization): Kittitas County
Authorized Chief Financial Officer (central accounting office): Judy Pless, Budget Finance Manager
Address: 205 W. 5th Ave; Suite 105 Ellensburg, WA 98926
Email: Judy.pless@co.kittitas.wa.us Phone #: (509) 962.7502
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 subreciplents to ensure federal awards are used for authorized purposes and
verify that subreciplents 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 entitles 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 LaLo subject to these requirements, you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section B 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.
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.
(Complete the information below'and chedk the appropriate box)
® We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] 9/29/16for Fiscal Year ending [enter date] 2016 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,2 tracts.2ffice mil wa aov or provide the state auditor report number:
#1017601
❑ 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 contras s. ice mil.wa. ov 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 contrgcts.Office mil.wa. v at that time or
Drovide the state auditor rannrt ni imhar,
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 every fiscal year for which this entity is a subrecipient of federal award
funds from the Department until the grant agreement Is closed.
Signature of Authorized Chief Financial Officer: Vit! Date:. -15/r
Print Name & Title: Judy Pless, Budget Fiance Manager
WMD Form 1009.13, Bt1912013, Updated 9/9/2015