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HomeMy WebLinkAbout2016-11-15 Resolution 148KITTIT AS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA DATE: ACTION REQUESTED: BACKGROUND: INTERACTION: RECOMMENDATION: HANDLING: ATTACHMENTS: LEAD STAFF : AGENDA STAFF REPORT November 15, 2016 Approve a Resolution to Authorize the Director's Signature on Washington State Military Department Hazard Mitigation Grant Agreement updating the County's Hazard Mitigation Plan. In May of 2012 Kittitas County completed a Hazard Mitigation Plan and was adopted under Resolution No. 2012-064. The adopted plan requires periodic updates to remain a current policy document for the County. Staff applied for planning funds to update the Hazard Mitigation Plan and has been noticed of an award in the amount of $121,500 by the Washington State Military Department. Public Works; Washington State Military Department Approve said Resolution to Authorize the Director's Signature on Washington State Military Department Hazard Mitigation Grant Agreement updating the County's Hazard Mitigation Plan. Return one (1) original to Public Works Resolution; Agreement Mark Cook Director of Public Works BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2016 --.l!i.J' RESOLUTION TO AUTHORIZE THE DIRECTOR'S SIGNATURE ON WASHINGTON STATE MILITARY DEPARTMENT HAZARD MITIGATION GRANT AGREEMENT UPDATING THE COUNTY'S HAZARD MITIGATION PLAN WHEREAS: Kittitas County completed a Hazard Mitigation Plan in May 2012; and WHEREAS: The plan was adopted by the Board of County Commissioners on May 15, 2012 under Resolution No. 2012-064; and WHEREAS: The adopted plan requires periodic updates to remain a current policy document for the County; and WHEREAS: Staff applied for planning funds to update the Hazard Mitigation Plan and has been noticed of award ($121,500) by the Washington State Military Department; and; WHEREAS: The grant agreement requires the signature of the Public Works Director; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Director's signature on 2016 Washington State Military Department Hazard Mitigation Grant Agreement (attached as Exhibit 1). DATED this 15th day of November, 2016, at Ellensburg, Washington. Attest: BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ABSENT aul Jewell , Vi ce-C a n ~mmiSSioner Washington State Military Department HAZARD MITIGATION GRANT AGREEMENT FACE SHEET 1. IPIENT Name and Address: Kittitas County Department of Public Works 411 N. Ruby St. Suite 1 Ellensburg, WA 98926-6300 4. ontract, I: Karen Hodges, 509-962-7610 Karen.hodges@co.kittitas.wa.u5 7 . DEPARTMENT Program Manager, phone/email : Brynne Walker (253) 512-7467 brynne.walker@mil.wa.gov 14 . Total Federal Award Amount $182,737.45 17. Service Districts: (BY LEGISLATIVE DISTRICT): 17th (BY CONGRESSIONAL DISTRICT): 8th 20. Agreement Classification: 2 . Total Grant Amount: $121,500.00 3 . Grant Number: E17-062 ($91,125.00 Federal, $30,375.00 Local) 5. nt Start Date: End Date : May 29,2015 October 30,2018 8. Data Universal Numbering System (DUNS): 010202547 9. UBI # (state revenue): 192-002-673 15. Program Index # & OBJ?SUB~OBJ : 753CJ NZ 18. Service Area by County(ies): Kittitas County 16. TIN : 91-6001349 19 . State Certified?: X N/A 0 NO DYES, OMWBE # 21 . Contract Type (check all that apply): o Personal Services 0 Client Services X Public/Local Gov't o Contract X Grant X Agreement o Interagency o Research/Development 0 AlE 0 Other o Intergovernmental (RCW 39.34) 22. SUBRECI 23 . SUBRECIPIENT Type (check all that apply) X "To all who apply & qualify" 0 Competitive Bidding o Private Organizationllndividual 0 For-Profit o Sole Source 0 AlE RCW 0 NIA X Public Organization/Jurisdiction X Non-Profit o Filed w/OFM? 0 Advertised? 0 YES ONO __ o VENDOR X SUBRECIPIENT X OTHER on program to states and communities to Implement a sustained pre-dlsaster natural hazard mitigation program to reduce overall risk to the population and structure.s from future hazard events. while also reducing reliance on Federal funding in future disasters. Title: KitUtas County HMP Update . The purpose of this agreement Is to provide funds to the SUBRECIPIENT for the proposed project as noted in the Statement of Work and/or Description of the Project (Attachment 3), Project Development Schedule (Att.achment 4). Project Budget (Attachment 5), and the FEMA Approved Project Application (Attachment 7). The Department is the Recipient and Pass-through Entity of the 15PDM Award EMS-2016-PC-0005, which with each of its attachments is incorporated in and attached hereto as Attachment 6, and has made a subaward of Federal award funds to the SUBRECIPIENT pursuant to this . nt. The SU for · nt. 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 (Attachment 1); General Terms and Conditions (Attachment 2); Statement of Work (Attachment 3); Project Development Schedule (Attachment 4); Project Budget (Attachment 5); PDM Award Document with its attachments (Attachment 6); FEMA Approved Project Application (Attachment 7), 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 oral or the matter of this shall be deemed to exist or to the 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: Applicable Federal and State Statutes and Regulations; 4. Special Terms and Conditions; General Terms DHS/FEMA Award and program documents; and Conditions; and Statement of Work and/or Project Description as outlined 5. Other provisions of the Agreement in FEMA's in reference. WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Richard A. Woodruff, Contracts Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Brian Buchholz (signature on file 7/28/2016) Assistant Attorney General Signature Mark Cook, Commissioner Kittitas County Public Works APPROVED AS TO FORM: Date 15PDM Page 1 of43 Kittitas County Dept. Of Public Works, E17-062 ARTICLE I -KEY PERSONNEL: Washington State Military Department SPECIAL TERMS AND CONDITIONS Attachment 1 The individu als listed below shall be considered key personnel and point of contact under this Agreement. Any substituti on of key personnel by eithe r party shall be made by written notifica tion to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT Name Karen Hodges Name Brynne Walker Title Planner III Title Hazard Mitigation Program Manager E-Mail Karen.hodaes@co.kittitas.wa.us E-Mail brvnne.walker@mil.wa.gov Phone 509-962-7610 Phone 253-512-7467 Name Name Title Title E-Mail E-Mail Phone Phone Name Name Title Title E-Mail E-Mail Phone Phone ARTICLE 11-ADMINISTRATIVE AND fOR FINANCIAL MANAGEMENT AND ACCOUNTING: The SUBRECIPIENT shall comply with all applicable state and federal laws , rules , regulations , requirements and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the 15PDM Grant Program, including , but not limited to , all criteria, restrictions , conditions and requirements of the DHS Award Letter and eacn of its attachments ,for Grant No. EMS-2016- PC -OOOS dated August 11 , 2016, the OHS Notice of Funding Opportunity , FEMA Guidance documents , and the federal reguiations ,commonly applicable to DHS/FEMA grants , all of wh ich are incorporated herein by reference . The OHS Award Lette r and its attachments are incorporated in th is Agreement as Attachment 6 . The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated fede ral funds. The SUBRECIPIENT agrees that it will not hold the Department , the State of Washington, or the United States liab le for any damages, claim for reimbursement, or any type of payment whatsoever for serV ices performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PRE-DISASTER MITIGATION GRANTS: The following requirements apply to all DHS/FEMA Pre-Disaster Mitigation Grants administered by the DEPARTMENT. SU8AWARDS & CONTRACTS BY SU8REG.IPIENTS The SUBRECIPIENT must make a case-by-case determination whether each agreement it makes for the disbursement of 15PDM funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. PROJECT FUNDI NG The DEPARTMENT will administer the Pre-Disaster Mitigation grant program and will pass through the federal match . The SUBRECIPIENT will commi t the requi red lo cal match. The total cost of the project (total project cost) for the purposes of this Agreement is $121,500.00 dollars; PROVIDED that, if the total cost of the project when completed, or when this Agreement is terminated, is actually less than this stated total cost, the actual cost shall be substituted here in , The value of the local match contributions by the SUBRECIPIENT to the project shall be $30,375.00 dollars, constituting 25 percent, at minimum, of the total project cost. The SUBRECIPIENT's local match contributions 15PDM Page 2 of43 Kittitas County Dept. Of Public Works, E17-062 may be cash or in-kind, must be from a non-federal source, must be reasonable, allowable and allocable, and must comply with all Federal requirements and regulations . When the DEPARTMENT ,enters into an agreement with the Federal Emergency Management Agency (FEMA) to c.ontribut~ federal funds to th is project, that federal contributio n will be no more than $91,125.00 dollars, constitu ting 75 percent, at minimum , of the total project cost, or the allowable federal percentage of the total project cost, whichever is less. The DEPARTMENT shall not be obligated to pay any amount beyond that being contributed by FEMA as set out in Subsection c above , unless that addit ional amount has been approved in advance by both the DEPARTMENT and SUBRECIP IEN T and is incorporated by written amendment into this Agreement. A written amendment will be required if the SUBRECIPIENT expeots cumulative transfers between project budgets , as identified in the Project Budget (Attachment 5) and Statement of Work and/or Description of Project (Attachment 3), to exceeq 10% of the Grant Agreement Amount. Any changes to project budgets other than in compliance with this paragraph will not be reimbursed. The funding for this project is provided by FEMA grant award. The award letter from FEMA is dated August 11, 2016, and is incorporated in and made a part of this Agreement as Attachment 6 . GRANT AGREEMENT PERIOD Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this Agreement shall only be those after the obligation of federal funds on May 29, 2015 and shall terminate on October 30, 2018. This period shall be referred to herein as the Agreement Period and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Agreement Period shall include pre-award costs authorized in writing by FEMA as well as eligible costs incurred after the effective date of the Agreement Period and before termination. a. The SUBRECIPIENT shall complete the project as described in the FEMA approved project application WA-2015-008, incorporated and made a part of this Ag reement as Attachment 7, and as described in Attachments 3, 4 and 5. In the event of extenuating circumstances, the SUBRECIPIENT may request, in writing, that the DEPARTMENT extend the deadline for Agreement completion. The DEPARTMENT may, in its sole discretion, extend the deadline only by written amendment to this Agreement and contingent upon FEMA approval. b . No expenditure made, or obligatioR incurre d, before or after the Agreement Period shall be eligible, in Whole or in part, for grant funds with the exception of pre-award costs authorized in writing by FEMA. In addition to any other remedy the DEPARTMENT may have under this Agreement, the amounts set out in Article 11, section A,2. Project Funding. above, may be reduced by the Department in its sole discretion to exclude any such expenditure from participation. c. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a material breach of this Agreement for which the DEPARTMENT is entitled to termination or suspension under Attachment 2, section A.35. PROJECT PAYMENTCs) The DEPARTMENT, using mitigation funds from the Pre-Disaster Mitigation grant program, authorized under Section 203 of the Stafford Act, 42 U.S.C. 5133, shall issue payments to the SUBRECIPIENT as follows: a. All payment requests shall be made to the SUBRECIPIENT upon submission and approval of eligible, reimbursable work completed and billed on an A-19 form , State of Washington Invoice Voucher. Approval is subject to receipt of acceptable documentation by the Department, to include , but not limited to, copies of receipts for all goods and services purchased, copies of invoices from contractors and subcontractors for work completed, and copies of timesheets for staff involved with the project, sign-in/sign-out sheets for donated personnel and/or volunteer time spent on the project, and documentation to support other in-kind contributions. b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the total project cost, as specified in Article 11, section A , 2, Project Funding, to the SUBRECIPIENT until the project has been completed and given f inal approval by the DEPARTMENT. c. Final Payment: Final payment of any remaining . or withheld , funds will be made within 60 days after submission by the SUBRECIPIENT of the final report , final A-19 , Voucher Distribution , and completion of all final inspections by the DEPARTMENT. Final payment by the DEPARTMENT also may be conditioned upon a financial review, if determined necessary by the DEPARTMENT . Adjustments to the f inal payment may be 15PDM Page 3 of 43 Kittitas County Dept. Of Public Works, E17-062 made following any audits conducted by the DEPARTMENT, Washington State Auditor's Office or the Department of Homeland Security Office of the Inspector General. Within the total Grant Amount of this Agreement , budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. 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 Amount of this Agreement. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by DEPARTMENT's Key Personnel. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the SUBRECIPIENT consistent with record retention requirements of this Agreement, and be made available upon request by the DEPARTMENT, and local, state, or federal auditors. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by submitting a properly completed State A-19 Invoice Form, Interagency Electronic Funds Transfer, or Agency/Business invoice with support documentation detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted by email to both the DEPARTMENT's Hazard Mitigation Program Coordinator and the Program Manager no later than the due dates listed within the Project Development Schedule (Attachment 4), but not more frequently than monthly. 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. If applicable, 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 . Failure to timely submit complete reports and reimbursement requests as required by this Agreement 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.' Final reimbursement requests will not be approved for payment until the SUBRECIPIENT is current with all reporting requirements contained in this Agreement. 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 the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. REPORTING REQUIREMENTS In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT shall promptly prepare and submit the following reports to the DEPARTMENT's Key Personnel: Quarterly progress reports, no later than the 15 th day following the end of the fiscal quarter, indicating the status of the project, to include a brief narrative on progress during the quarter. The report shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project, and whether cost under runs or over runs are expected. In addition, the SUBRECIPIENT should note any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT. A final report when the project is completed, prematurely terminated, or project assistance is terminated . The report shall include a final accounting of all expenditures and a description of work accomplished. If the project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed project. The report shall account for all expenditures not previously reported and shall include a summary for the entire project. 15PDM Page 4 of43 Kittitas County Dept. Of Public Works, E 17-062 The SUBRECIPIENT shall submit a quarterly progress report describing current activities as outlined in the Project Development Schedule (Attachment 4). The SUBRECIPIENT shall submit a Final Report with final reimbursement no later than 45 days after Agreement End Date. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C . 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa .govJemergency~management-division/grants/regu l redgrantforms and return to the Department; wh ich is incorporated by reference and made a part of this Agreement. TIME EXTENSIONS' A time extension request for Agreement completion must be submitted by the SUBRECIPIENT to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time extension request must be in writing and identify the project, the reason the project' has not been completed within the approved Period of Performance, a current status of the complet ion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the comp letion of the-remaining work . Failure to timely submit a complete time extension request may result in denial of the time extension and loss of funding for the project. SUBRECIPIENT MONITORING: 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 rec::eiving federal pass-through fUnds are in compliance with this Agreement, federal and state audit requirements, federal ·gran~ guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall complete and return to the Department 2 CFR Part 200 Subpart F Audit Certification Form " located at http://mil.wa .gov/emergencv-management-division/grantslreguiredgrantforms 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. Monitoring activities may include, but are not limited to: review of financial and performance reports; monitoring and documenting the completion of Agreement deliverables; documentation of phone calls, meetings, e-mails, and correspondence; review of reimbursement requests and supporting documentation to ensure allowability and conSistency with Agreement work plan, budget, and federal requirements; observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations; 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. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in 2 CFR Part 200, for any non-federal entity to which the SUBRECIPIENT makes a subaward as a pass-through entity under this Agreement. Compliancy will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. CLOSE-OUT To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT. After receipt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site inspection and review supporting documentation for compliance with the requirements of the Agreement. Prior to project c lose-out , the SUBRECIPIENT shall provide the DEPARTMENT with acceptable documentation slJPporting compliance with the AgreE;!ment. General documentation supporting compliance wfth the Agreement typically includes , but is not limited to, th e following: 15PDM Page 50f43 Kittitas County Dept. Of Public Works. E17-062 Photographs of the structures or properties involved in the project prior to project implementation and after project implementation . Digital geospatial coordinates (latitude and longitude) for each structure with an accuracy of ± 20 meters (64) feet. Certificate of occupancy or equivalent documentation from the appropriate regulatory authority for each structure to certify it is code-compliant. Certification that the SUBRECIPIENT has met the environmental and historic preservation conditions of the grant award as described in this Agreement. Copies of all compliance and consultation documentation required by the grant award as described in the Agreement (e.g., coastal zone management consistency determination from Department of Ecology). Copies of all documentation related to inspection for and removal and disposal of asbestos and other hazardous materials from each property. Specific additional documentation requirements for projects to acquire properties for open space include, but are not limited to, the following : Signed Statement of Voluntary Participation from owner of each acquired property . Documentation of dates of acquisition and structure demolition or removal from property for each property. Copy of recorded open space deed restrictions for each acquired property . Copy of AW-501 form filed with National Flood Insurance Program for each acquired repetitive loss property. Documentation of consultation with Army Corps of Engineers and State Department of Transportation regarding future use of each property. Specific additional documentation requirements for projects to elevate structures above the base flood elevation include, but are not limited to, the following: Photographs of the structures prior to elevation, and front, rear and side photos post-elevation. Copies of the pre-project elevation certificate for each structure, or documentation of methodology used to calculate the first-floor elevations. Copies of the post-project elevation certificate for each structure. Copies of certificate of occupancy for each elevated structure to certify that it is code compliant. Certification by an engineer, floodplain manager or other senior official of the SUBRECIPIENT that each completed structural elevation is in compliance with local ordinances and National Flood Insurance Program regulations and technical bulletins. Copy of AW-501 form filed with National Flood Insurance Program for each elevated repetitive loss property. Copies of proof of flood insurance for each elevated structure . Copies of the recorded deed restriction related to maintenance of flood insurance for each property within the Special Flood Hazard Area. The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation requirements of the Agreement throughout the Period of Performance. The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and application of all mitigation grant funds for six years following the closure of this grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) All SUBRECIPIENTs must comply with the Title VI of the Civil Rights Act of 1964 (TItle VI) proh i bition 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. OHS published the requi red recipient guidance in April 2011 , OHS 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 15PDM Page 6 of43 Kittitas County Dept. Of Public Works, E17-062 provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs .gov/quidence-publlshed-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http ://www.lep .gov. PROCUREMENT 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, Attachment 2, A.10 . 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. EQU i pM ENT A ND SU PPLY MANAG EM ENT If applicable, SUBRECIPIENTs and any non-federal entity to which the SUBRECIPIENT makes a subaward shall comply with 2 CFR 200.318 -200.326, to include but not limited to: 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, or other means of legal transfer of ownership is in place. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the SUBRECIPIENT's inventory system. Equipment records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Federal Award Identification Number (FAIN); Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. The SUBRECIPIENT shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by 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. The SUBRECIPIENT shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The SUBRECIPIENT shall develop appropriate maintenance schedules and procedures to ensure the equipment and supplies are well maintained and kept in good operating condition . The SUBRECIPIENT must obtain and maintain all necessary certifications and licenses for the equipment. 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. 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. 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, Q[ when original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, the SUBRECIPIENT must comply with following procedures: 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. The SUBRECIPIENT must dispose of equipment as follows: 15PDM Page 7of43 Kittitas County Dept. Of Public Works, E17-062 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. 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. 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. 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 . Prior to procuring pharmaceuticals, SUBRECIPIENTs must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expirat ion dates. SUBRECIPIENTs are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs with in each fiscal yea rs period of performance for 15PDM. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period . As a SUBRECIPIENT of federal funds , the SUBRECIPIENT must pass on equipment and supply management requ ireme nts that meet or exceed the requirements outlined above to any non-federal entity to which the SUBRECIPIENT makes a subaward of federal award funds under this Agreement. OHS FFY15 STANDARD TERMS AND CONDITIONS As a SUBRECIPIENT of PDM funding, the SUBRECIPIENT shall comply with all applicable DHS terms and conditions of the PDM Award Letter and its incorporated documents for DHS, which are incorporated in and made a part of this Agreement as Attachment 6. 15PDM Page 8 of43 Kittitas County Dept. Of Public Works, E 17-062 DEFINITIONS Washington State Military Department GENERAL TERMS AND CONDITIONS Mitigation Grants Attachment 2 As used throughout this Agreement , the f ollowing terms will have the meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: "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. DEPARTMENT is a recipient of a federal award directly from a federal award ing agency and is pass-through entity making a subaward to a subrecipient under this Agreement. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the non- federal entity identified on the Face Sheet of this Agreement that has received a subaward from the DEPARTMENT. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. " "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. jjProject" shall mean those activities as described in the FEMA approved project applicat ion WA-2015-008, which are-incorporated in and made a part of this Agreement which is incorporated in and attached hereto as Attachment 7 , and as also described in Attachments 3, 4, and 5. g. "PL" -is defined and used herein to mean the Public Law. h. "CFR" -is defined and used herein to mean the Code of Federal Regulations. i. "OMB" -is defined and used herein to mean the Office of Management and Budget. j. "WAC" -is defined and used herein to mean the Washington Administrative Code . k. "RCW" -is defined and used herein to mean the Revised Code of Washington. ADVANCE PAYMENTS PROHIBITED The DEPARTMENT shall make no payments in advance or in anticipation of goods or serv ices to be provided under this Agreement. The SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods o r services . AMENDMENTS AND MODIFICATIONS The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of this Agreement. However, such amendment or mod ification shall not be binding, take effect or be incorporated herein until made in writing and si,gned by the authorized representatives of the DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties. 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.6 APPLICATION REPRESENTATION·MISREPRESENTATION . INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's applloation in making its determinations as to eligibility for, selection for, and scope of funding grants . Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. ASSURANCES 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. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, OR INELIGIBILITY 15PDM Page 9 of 43 Kittitas County Dept. Of Public Works, E17-062 As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The SUBRECIPIENT shall complete, sign , and return a Certification Regarding Debarment. Suspension, Ineligibility, and Voluntary Exclusion form located at http://miLwa .gov/emergency-management- divison/grants/requiredgrantforms. Any such form co mpleted by the SUBRECIPIENT for this Agreement shall be incorporated into this Agreement by reference. Further, the SUBRECIPIENT agrees to comply with all applicable federal regula tj ons concerning the federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions " include procurement contracts for goods or services awarded under a non-procurement transactron (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awa rds to sub-recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal govemment The SUBRECIPIENT also agrees not to e'nter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries ' "Debarred Contractor Lisf' (http://INww.ln i.wa.govlTradesLicensing/PrevWage/AwardingAgehdeslOebarredC(:mtracto~. The SUBRECIPIENT also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http ://www.des .wa .g ov/serviceslContractingPurchasing/Business/PagesNendor-Debarmentaspx). 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 mak ing of any federal grant, the making of any federal loan, the entering into of any coop,erative 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 Membe r of Congress , an office r or employee of Cengress , 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 . COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies . This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA) , Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203- 5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27 A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. 15PDM Page 10 of43 Kittitas County Dept. Of Public Works, E 17-062 In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the SUBRECIPIENT, its contractors, the DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure, and that of its contractors, to comply with applicable laws, regulations, executive orders, OMB Circulars, or policies . 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 such the SUBRECIPIENT who exerdses 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, fo r work to be performed in connection with the project assisted under this Agreement. The SlJBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. CONTRACTING & PROCUREMENT The SUBRECIPIENT shall use a competitive procurement process in the procurement and awa rd of any contracts with contractors or sub-contractors that arE! entered into under the original contract award. The procurement process followed shall be in accordance with 2CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix 11 to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under this Agreement must include the following provisions, as applicable: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount dete rmine d by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as autho rize d by 41 U.S. C. 1908 , must address administrative , contractual , or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60 , all contraots that meet the definition of 'federally assisted construction contract" in 41 CFR Part 60-1 .3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246 , "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp ., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity ;" and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs , Equal Employment Opportunity, Department of Labor." Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144 , and 3146~3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute , contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition , contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination . The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public BuHding ·or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor must be prohibited from inducing, by any means, any person employed in the construction , completion, or repair of public work, to give up any part of the compensati on to which he or she is otherwise entitled . The non-Federal entity must report all suspected or reported violations to the Federal awarding agency . 15PDM Page 11 of 43 Kittitas County Dept. Of Public Works, E17-062 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S .C. 3702 of the Act, each contracto r 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. 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 regard ing the substitution of parties, ass ig nment or performance of experlmental, developmental , or research work under that "funding ag reement," the recipient or SUBRECIPIENT must comply with the requirements of 37 CFR Part 40 1, ~Rights to Inventio ns Made by Non profit Organizations and Small Business Firms Und er Government Grants, Contracts and Cooperative Agreements," and any implementing regu lations issued by the awarding agency. 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 provisi on 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 Wate r Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office ofthe Environmental Protection Agency (EPA). 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 1254~ (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. 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, office r 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 conn~ct i on with obtaining any Federal award. SLlch disclosures are forwarded from tier to tier up to the non -Federal award. Procurement of recovered materials --As required by 2 CFR 200.322, a non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items deSignated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative , procurement program for procurement of recovered materials identified in the EPA guidelines. Notice of Federal awarding agency requirements and regulations pertaining to reporting. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 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 15PDM Page 12 of43 Kittitas County Dept. Of Public Works, E17-062 records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of all required records for six years after the SUBRECIPIENT has made final payments and all other pending matters are closed. 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. 87 1). The DEPARTMENT reserves the right to review the SUBRECIPIENT p rocurement 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 deta il to support the costs of the project and to allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. DISCLOSURE The use or disclosure by any party of any information concern ing 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 AgreemE~nt is prohib ited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order. DISPUTES Except as otherwise provided in this Agreement, when a bona f ide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute re-solution 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 appoi nted by the Contractor and a third party mutually agreed upon by both parties. The panel shall , by majority vote , resolve the dispute . Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. DUPLICATION OF BENEFITS The SUBRECIPIENT agrees that the mitigation grant funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same purpose from any other source. The SUBRECIPIENT will pursue full payment of eligible insurance benefits for properties covered in a project under this Agreement. The SUBRECIPIENT will repay any mitigation grant funds that are duplicated by other benefits, funds, or insurance proceeds. HAZARDOUS SUBSTANCES The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the results of its inspection and Investi gation and -all other knowledge the SUBRECIPIENT has as to the presence of any hazardous substances at the pr oposed development/construction project site. The SUBRECIPIENT will be respo nsible for any associated clean-up costs . "Hazardous Substance" is defined in RCW 70.1050 .020 (10). LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benef it of the parties to the Agreement and gives no right to any other party. No jOint venture or partner ship 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 autho r ized agents and employees, from all cla i ms, actions, costs, damages or expenses of any nature whatsoev.er by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, , assigns, agents , contractors, consultants, licensees. invitees , employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. 15POM Page 13 of 43 Kittitas County Oept. Of Public Works, E 17-062 To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims , costs, damages or expenses which may be caused by the sole neg ligen ce of t he DEPARTMENT; provided , that [f the cla ims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMEN'T , and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall be valid and e.nforceable only to the extent of the negligence of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees . Insofar as the funding sourc-e , the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the followi ng 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. 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 representativ.e 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 cond ition 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 authorit.Y to sign reimbursement requests, time extens ion 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. 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. NONASSIGNABILlTY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the SUBRECIPIENT. 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 orientat ion , 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. NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY! HEALTH ACT (O SHAJWISHAl 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 , 15PDM Page 14 of43 Kittitas County Dept. Of Public Works, E17-062 including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so tomply. OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or r~al property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUBRECIPIENT. The SU.BRECIPIENT shall assume all liabilities arising from the ownership and operat ion of the project and agrees to 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. 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. PRIVACY Personal information collected, used or acquired in connect.ion with this Agreement shall be used sol ely for the purposes of this Agreement. SUBRECIPIENT and its subcontractors agree not to release , di vulge , publish, transfer, sell or otherwise make known to unautho rized persons ' personal information with out the express written consent of the DEPARTMENT or as prov ided by law or court order. SUBRECIPIENT ag rees to imp leme nt physical, electronic and managerial safeguards to prevent unauthorized access to personal information. The DEPARTMENT reserves the right to mon itor audit. or investigate the use of personal information collected, used or acquired by the SUBRECIPIENT through this contract. The monitoring auditing or investigating may include but is not limited to "salting " by the DEPARTMENT . Salting is the act of placing a record containing unique but false information in a database that can I:>e used later to identify inappropriate disclosure of data contained in the database. Any breach of this provision may result in termination of the contract and the demand for return of all personal information . The SUBRECIPIENT agrees to indemnify and ho ld harmless the DEPARTMENT for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal information. For purposes of this prOVision, personal information includes, but is not limited to, information identifiable to an individual that relates to a natural person's health, finances, education, business, use or receipt of governmental services, or other activities, namel), addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financi al identi fiers and other identifying numbers. 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 techn ical conSUltant, managerial, or other such services, othe r than actual sOlicitation , are not hereby prohib ited if otherwise eligible as project costs . 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 use d 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 SUBR ECIP IENT may copyright orig inal work it deve lops in the course of or under this Agreement; however, pursuant to 2 COR Part 200 .315 , FEMA reserves a royalty-free , nonexclusive, and irrevocable license to reproduce, publ ish 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. RECAPTURE PROVISION In the event the SUBRECIPIENT fails to expend funds under this Agreeme nt-in accordance with applicable fede ral , state, and local laws and/o r the provisions of the Agreeme nt, the DEPARTMENT reserves 15PDM Page 15 of 43 Kittitas County Dept. Of Public Works. E17-062 the right to recapture funds in an amount equivalent to the extent of no ncompli ance. Such right of recapture shall exist for the life of the project follow ing Agreement termination. Repayment by the SUBRECIP IENT of funds under this re capture provision shall occur within 30 days of demand . In the event the DEPARTMENT is required to inst itu te legal proceed ings to enforce the recapture provis ion, the DEPARTMENT shall be entitled to its costs and exp ens es thereof, including attorney fees from the SUBRECIPIENT. 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 re lated to this Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its des ignee , 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 fo llowing final payment and closure of the grant under this Agreement. Despite the minimum federal retention requ irement of three (3) years , the more stringent State requirement of six (6) years must be followed. RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKiwoRK PLAN While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the projecVstatement of work/work p'Ian (project) by prov iding Federal award funds pursuant to this Agreement , the project itself remains the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any constructio n activity , the SUBRECIPIENT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not lim ited to FEMA compliance with the National Environmental Policy Act, the Nationa l Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The SUBRECIPIENT shall defend , at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents , for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attomeys ' fees, in connection with any cla im or lawsuit brought by any third party related to any design, development, construction, impleme ntatio n, operation ' ~nd/or maintenance of a project. SEVERABILITY If any court of rightful jurisdiction holds any provision or condi ti on under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision . To this end, the terms and conditions of this Agreement are declared severable . SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS ) Non-federal entities , as SUBRECIPIENTs of a federal award , that expend $750 ,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a ~ingle or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart FNon -federal entities ,that spend less than $750 ;000 a year in federal awards are exempt from federal audit requ irements 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, 15PDM Page 16 of43 Kittitas County Dept. Of Public Works. E 17-062 Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or SUBRECIPIENT. SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) 'developed by the United States Comptroller General and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate . Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records. The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of its sub- contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the SUBRECIPIENT ,all disallowed costs resulting from the audit. Once the single audit has been completed and it includes any audit findings, the SUBRECIPIENT must send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9) months after the end of the SUBRECIPIENT's fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 T A-20 Camp Murray, WA 98430-5032 If SUBRECIPIENT claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, SUBRECIPIENT must send a letter identifyi ng this Agre,ement and explaining the criteria for exemption no later than nine (9) months after the end of the SUBRECIPIENT fiscal year(s) to the address listed above. The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The SUBRECIPIENT shall include the above audit requirements in any subawards. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENTs 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 w ithholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted ; or termination of the federal award. SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor rel8,tlonship will be created by th is 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 cla im to be an officer or employee of the OEPARTMENT 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. TAXES , FEES AND LICENSES 15PDM Page 17 of 43 Kittitas County Dept. Of Public Works, E 17-062 Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and maintain in cu rrent status all taxes, unemployment contributions , fe es, licenses, assessments, permit charges and expenses of any other ki,nd for the SUBRECIPIENT or its staff required by statute er regulation that are applicable to Agreement performance. TERMINATION FOR CONVENIENCE Notwithstanding any previs'ions of this Agreement, the SUBRECIPIENT may terminate this Agreement by providing written notice of such termination to the DEPARTMENT's 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 daY's written notice, beginning on the second day. after mailing to the SUBRECIPIENT. Upon notice of termination for cenvenience , 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. TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The" D6PARTMENT 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 requ i red to allow the SUBRECIPIENT an opportunity to cUre if it is not feasible as determined solely within the DEPARTMENT's d iscretion . Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure , the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective' action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be i nsufficient, 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 ; pend ing corrective action by the SUBRECIPIENT, if allowed , o r pending a decision by the DEPARTMENT to terminate the Agreement in whole 0r 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". TERMINATION PROCEDURES In addition to the procedures set forth below, jf the DEPARTMENT terminates this Agreement, the SUBRECIPIENT shall follew any pro,cedures specified in the termination notice. Upon termination of this Agreement and in addition to' any other rights pr.ovided 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 conve ni ence, the DEPARTMENT shall pay to the SUBRECIPIENT agreed upon price, if separately stated, for properly authorized and comp leted work and services" rendered or goods 15PDM Page 18 of 43 Kittitas County Dept. Of Public Works, E17-062 delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement termination, and 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 , (il) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (Hi) other work, services and/or equipment or supplies which are aocepted 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 SUBHECIPIENT 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 sub-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 ; 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 sub-contracts so terminated , in which case the DEPARTMENT has the right , at its discretion , to settle or pay any or all claims ariSing out of the term ination of such orders and contracts ; 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. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUBRECIPIENT is encouraged to utifize 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. 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 . 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. 15PDM Page 19 of 43 Kittitas County Dept. Of Public Works, E17-062 Attachment 3 STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT SUBRECIPIENT: PROJECT TITLE: Kitt itas County Kittitas County-Hazard Mitigation Plan Update The pu rpose of this project Is for Kittitas Cou nty Department of Public Works to update their multi-jurisdictional hazard mitigation plan that meets the requi rements of 44 CFR part 201.6. A specific and more detailed statement of work is found in the FEMA approved Project Application WA-2015- 008 (Attachment 7). (Kittitas County Department of Public Works) Agrees To: Comply with the terms of this Agreement and all Attachments, including but not limited to , accomplish tasks and conditions outlined in the Statement of Work And/Or Description of Project (Attachment 3), comply with the Project Development Schedule (Attachment 4), and comply with the Project Budg,et (Attachment 5). Submit quarterly reports that cover the previous three months no later than the 15 th of the following month (or the next work day) in January, April, July and Octobe r until all requirements are fulfilled . Quarterly reports are required regardless of the level of work completed during, the reporting period. Quarterly reports must include sufficient narrative to determine the degree to which the project has been implemented, the estimated time for cOlllpletion , and significant developments such as delays or adverse conditions that might raise costs or delay completion , as well as favorable conditions allowing lower costs or earlier completion . Failure of the SUBRECIPIENT to submit a complete quarterly report within 15 days following the end of the .quarter will result In suspension of all payments until a complete quarterly report is received by the DEPARTMENT. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work completed , no more frequently than monthly and no less frequently than quarterly . Each billing must identify the task(s) completed and any other funding identification pertinent to the task(s), including match . Supporting documentation is required for all costs, to inc lude 'tracking of staff time spent on the project through timesheets or other docLimentation approved by the DEPARTMENT; dated invoices from all contractors and subcontractors for work completed; dated invoices for goods and services purchased; and documentation tracking in-kind contributions of personnel , eqUipment and supplies , if used on the pfoject. Project costs must be tracked and reported by approved budget cost categories as found in Project Budget (Attachment 5). Documentation of expenditures by approved budget cost categories should be made on a separate spreadsheet or table and included with each A-19 , along with documentation to substantiate all project costs . Return by DEPARTMENT staff of invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide sufficient documentation to staff within 15 calenda r days of the staff's written request for additional doa:umentation to support the reimbursement request. Submit a signed final project report before final reimbursement is made by the DEPARTMENT. Programmatic, Environmental And Historic Preservation Conditions In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental and historic preservation conditions: Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0. Requests must be supported by adequate justification, including a description of the proposed change ; a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change ; and a full description of the work necessary to complete the activity. A proposed change to the approved Scope of Work (as presented in the FEMA approved project application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-evaluation for compliance with National Environmental Policy Act (NEPA) and other Laws and Executive Orders. Prior approval for a change to the approved Scope of Work must be obtained from the DEPARTMENT and FEMA before the change is implemented . Failure to obtain prior approval for a revised Scope of Work could result in ineligibility of resulting costs. . 15PDM Page 20 of 43 Kittitas County Dept. Of Public Works, E 17-062 Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding provided by this Agreement. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and features such as fire pits or structural elements. All reasonable measures must be taken to avoid or minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT, and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native American tribes, determines appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law enforcement in the most expeditious manner possible and to immediately stop any activity which may cause further ground disturbance. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing, abating and disposing of such materials in accordance with the requirements and to the satisfaction of the governing local, state and federal agencies, including but not limited to the Washington Department of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of pesticides, lead-acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and used oil filters, and unlabeled tanks or containers. Confirm with the State Department of Ecology whether this project will require a consistency determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain and comply with all requirements of the determination prior to starting the project. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control soil erosion and sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the existing building footprint area and not beyond undisturbed portions of the site. The Military Department Agrees To: Provide staff coordination and input regarding grant administration for funding and technical assistance for project and reviews for mitigation construction projects, as necessary. Except as otherwise provided in Article ", A. 4. of this Agreement, reimburse Kittitas County Department of Public Works within 30 days of receipt and approval of signed, dated invoice voucher(s) (state form A-19) with sufficient documentation of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs must be categorized according to the budget item and cost classification shown in the Project Budget (Attachment 5). The DEPARTMENT will return invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide sufficient documentation within 15 calendar days of the DEPARTMENT's written request for additional documentation to support the reimbursement request. Coordinate with the staff of Kittitas County Department of Public Works to schedule any sub-reCipient monitoring, site visits or final inspections by DEPARTMENT staff. 15PDM Page 21 of43 Kittitas County Dept. Of Public Works, E17-062 I Attachment 4 PROJECT DEVELOPMENT SCHEDULE SUBRECIPIENT: PROJECT TITLE: DESCRIPTION OF ACTIVITY/TASK Organize & Review Identify Hazards and Update Risk Assessment Developllmplement Public Involvement Strategy Update Goals, Objectives and Actions Develop Plan for monitoring, Evaluating and updating the Plan Assemble the Updated Plan Complete Plan Review and Adoption Kittitas County Department of Public Works Kittitas County Hazard Mitigation Plan Update SCHEDULED COMPLETION DATE November 2016 May 2017 February 2018 April 2018 June 2018 August 2018 October 30,2018 Total Time Required to Complete This Project: 24 months October 15, 2016; January 15, 2017; April 15, 2017; Quarterly Reports Due on Project Progress, Final July 15, 2017; Project Report and all documentation, site visits and October 15, 2017; inspections. January 15, 2018; April 15, 2018; July 15, 2018; October 15, 2018 15PDM Page 22 of43 Kittitas County Dept. Of Public Works, E17-062 Attachment 5 PROJ ECT BUDG ET SUBRECIPIENT: Kittitas County Department of Public Works Kittitas County Hazard Mitigation Plan Update PROJECT TITLE: APPROVED BUDGET CA TEGORY ESTIMATED COST In-Kind Contribution $12,000.00 Phase 1 Organize and Review $13,420.00 Phase 2 Risk Assessment $26,620.00 Phase 3 Public Involvement $9,680.00 Phase 4 Goals, Objectives, and Actions $3,960.00 Phase 5 Plan Maintenance $3,520.00 Phase 6 Assemble Plan $34,540 .00 Phase 7 Plan Review and Adoption $6,160.00 Phase 8 Project Management $6,600.00 Phase 9 Other (Copies, travel, et c) $5,000.00 TOTAL $121,500.00 Tracking and Reporting Project Costs: Project exp enses for which rei mbursement is sought must be tracked and reported by approved budget cos t categories, abov.e. Documentation of expenditures by approved budget cost categories should be made on a separate spreadsheet or table and included with each A-19 . S uppo rting docu mentation of all costs shall include, but not be limited to : tracking of staff time spe nt on the p roject through tim es heets or other similar documentation; dated invoices from contractors and subcontractors for work com pleted; dated invoices for goods and services purchased; and documentation of in-kind contributions of personnel, equipment and supplies. Final Payment: Fina l payment of any remaining . or withheld , funds will be made upon submission by the SUBREC IPIENT within 60 days of completion of the project of the final report and an A-19, Voucher Distribution, and completion of all final i nspections by the DEPARTMENT. Final payment also may be conditioned upon a financial review , if determined necessary by the DEPARTMENT. Adjustments to the f inal payment may be made following any audits conducted by the DEPARTMENT, Washington State Auditor's Office , the United States Inspector General, or their authorized rep re sentatives . Per Pre-Disaster Mitigation program guidance , no cost overruns will be funded. If costs exceed the maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess of the approved budget. 15PDM Page 23 of 43 Kittitas County Dept. Of Public Works, E17-062 Insert Award Document -Attachment 6 15POM Page 24 of43 Kittitas County Oept. Of Public Works, E17-062 U.S. Department of Homeland Security Regj onX 130 228th Street, SW Bothell, WA 98021-9796 National Environmental Policy Act (N,EP A) PROGRAMMATiC CATEGORICAL EXCLUSION STUDIES, PLANS, REGULATIONS, AND GUIDANCE Background: FEMA provides funding assistance to .appliCants via various mitigation grant programs including the Flood ~gation Assistance Program, Pre-Disaster Grant Program, and Hazard Mitigation Grant Program; to prepare plans or studies. ·Plans (OT updates) include those prepared per the Disaster Mitigation Act of2000and identify community hazards and vulnerabilities; and outline preparedness, response, recovery, and mitigation measures to eliminate or reduce disaster damage and associated costs. Studies Jt!8Y evaluate specific hazards and infrastructure vulnerabilities. The purpose of this Programmatic Categor ical ExcJusion (PCE) is to streamline the process for compliance with NEPA for such acliolls. Acti on Description; Activities meet the Categorical Exclus ion definitions of 44 CFR Part ) O.S(d)(2)(JJ) "preparation, revision, and adoption ofregultrtions directives, manua1s~ and other guidance documents related to actions that qualitY for It categorical exclusion ' and 44 CFR Part 10 .8( d)(2)(i1i) "studies that involve no commitment of resources ~ther than manpower and funding' and may include bllt not be limited to: -drafting preparedness j response, recovery , or bazard -development of infrastructure inventories mitigation plans -prepating appraisals -development of geographic infonnation or systems -: draftingrcgulati.ons . -condu cting feasibility studies -preparation of outreach and guidance materials This PCE does not include project specific architectural and engineering plaliS or studies associated with phased FEMA grant-funded projects. Conditions: The actions qualifying for this PCE must meet the following conditions: -No regulatory changes can affect the physical environment; -No fUnding can be used for imp~ementatioQ 9f actions identified in a plan or study. Conclusion: It bas been determined that above listed action qualifies for this PCE, has no Extra ordinary Circumstances per 44 CFR.Part lO.8(d)(3), and that it would have no effeot on natural resoUJ:ces or the human environment. Work may proceed if otberw~8e eligible and approved by the Program. Any cbange to the approved scope ofworlc will require re-evaluation for compliance with the NEPA. Non-compliance w.ith this requirement may jeopardize receipt of funds. Documentation : Por each project this PCE is ~pp)jedto , the Program Specialist must certify that the project is consistent with the criteria outlined above For the administTative-record, a copy of the PCE shall be placed in the project grant file. Categorical Exclusion Approved: ark Eberlein Date Regional Environmental Officer, FEMA Region X Program/Grant Number #: _____ -.,;... __ Applicant: _________________ _ Project Title: _________________________________ .....,,-__ Above Project Qualifies for Programmatic Categorical Exclusion Program Specialist Date www.fema.gov KlTTITAS COUNTY KlTTITAS COUNTY HAZARD MITIGATION PLAN UPDATE Digitally signed by STEVEN R RA NDOlPH ON : c::US, o_U.S, Gove rnment, ou:Oepartment of Homeland Security, ou=F£MA, ou=People, cn=STEVEN R RANOOLPH, 0.92342,19200300.100 1 1=OS89199481.FEMA DlIle: 2016.05.03 17:50:03 ·07'00' Insert Application -Attachment 7 Print Application Page 1 of26 Subgrant Planning Application Application Title: Kittitas County HMP Update Subgrant Applicant: Kittitas County Department of Public Works Application Number: WA-2015-008 Application Year: 2015 Grant Type: Planning Application Address: 411 N. Ruby St., Suite 1, Ellensburg, WA 98926-6300 Name of Subapplicant State Subapplicant Information Kittitas County WA Type of Subapplicant Local Government Legal status, function, and facilities owned: Kttt itas (pronounced 'kit-i-tass') County is a comm ission form of government located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains an d the Columbia River. The County Commissioners a re empowered to set county po li cy ; adopt laws, Implement them , an d, except for the responsib ili ties o f other elected offioials, carry out day-to-day operations of the County. There a re three Cou nty Com missioners, elected to serve on four-year terms. Each Commissioner represents a specific district within Kittitas County. Commissioners are nominated for office in a primary election embracing only their particular district. In the general election, all voters in a county \tote f or eac n County Commissioner position on the ballot. Kittita_s County currently provides reg ional servi c es to all residents of the county, including people who live within the cities . These reg ional services a nd associated facilities ·include courts and related legal services, emergency management support , public and environmental health services , t he county jail, reco rds and elections , property ta x a ppraisals, reg ional parks and facili ties. State Tax Number: 19-2222673 Federal Tax Number: 91-6001349 Other type name: Federal Employer Identification (EIN) What is your DUNS Number? 91-6001349 010202547 - Is Subapplication subject to review by Executive Order 12372 Process? No . Program is not covered by E.O. 12372 15PDM Page 26 of43 Kittitas County Dept. Of Public Works, E17-062 Explanation: Federal Identification Processing Standard (FIPS) Place Code Community Kittitas (County) (99037) https://eservices.fema.govIFEMAMitigation/Print.do 8118/2015 Print Application Page 2 of26 https://eservices.fema.govIFEMAMitigation/Print.do 8118/2015 Print Application Page 3 of26 Title Ms. Contact Authorized Subgrant Agent First Name Middle Initial Last Name Christina Wollman Planner III Title Agency/Organization Address 1 Kittitas County Department of Public Works 411 N. Ruby St., Suite 1 Address 2 City State ZIP Phone Fax Email Title First Name Middle Initial Last Name Point of Contact Title Agency/Organization Address 1 Address 2 City State ZIP Phone 15PDM Ellensburg WA 98926 -6300 509-962-7051 Ext. 509-962-7663 christina .wollman@co.kittitas.wa.us Mr. Mark Cook Director of Public Works Kittitas County Department of Public Works 411 N. Ruby St., Suite 1 Ellensburg WA 98926 -6300 509-962-7523 Ext. Page 27 of43 Kittitas County Dept. Of Public Works, E17-062 Email mark.cook@co.kittitas .wa.us https:lleservices.fema .gov/FEMAMitigationiPrint.do 8/1812015 Print Application Page 4 of26 Community Information P lease provide the r:lame of each community that will benefit fro m t hi s mitigation acti v ity by clic~jng on the Find Commun ity button . You sha ll modify Congressio na l District for ea ch commun ity by directly editing the ,textb'ox(es) provided. Yo u should also. notify your state NFIP coord inato r so th at it can be updated in the C ommunit.y Inform ation System database. When you are fini shed , c liok th e Save and Contin ue button below. State County CO'de Community Name CID Number CRS Community CRS Rallng State Legislative District US Congressional District WA 530299_0BMOZOILN ROSL ¥N,CITY OF 530299 N 530299 8 WA 530263_ OBMOZOIKP SOUTH CLE ELUM, 530263 N 530263 8 CITY OF WA 530234_ OBMOZOI K 1 ELLENSBURG, CITY OF 530234 N 530234 8 WA 530096_0BMOZOIGI CLE ELUM,CITY 0 530096 N 530096 8 WA 530098_ OBMOZOIGJ IS ITIITA§, TOWN OF 530098 N 530098 8 WA 530095_0BMOZOIGH ~lnlIAs ~OUNTY • 530095 N 530095 8 Comments The original planning effort was multi-jurisdictional. As will be seen in the proposed scope of work for this project, great effo rt will be placed on gaining the participatio n of those jurisdiction that did not participate in the original effort. Thes e jurisdictions include one city and numerous fire , school, water and hospital districts. Attachments Planning Area Proft le .pdf State WA Community Name ROSL YN,CITY OF County Name WASHINGTON County Code KITIIT AS COUNTY City Code 530299 .:....F.i.:..I P..::S:;...:C:::.!o~d~e:.-....-_____ -:03·7 ~C~ID~N~u~m~b~e~r ___________ 530299 15PDM Page 28 of43 Kitt ltas County Dept. Of Pub li c Works , E17-062 CRS Rating State Legislative District 530299 US Congressional District 8 FIRM or FHBM available? Yes ~C:.!::o.!.!.m.!:.!m;,::. u::.:..n::.::lty.L.. ~S.:::ta:!.!tu:!!:s:.--____ PARTICI PATING Community participates in NFIP? Date ente red in NFIP Yes 11-29-1976 Date of most recent Communjly Assistance Visit (CAV)? 09-12-1990 Help https :lleservices.fema.gov/FEMAMitigation/Print.do 8118/2015 Print Application Page 5 of26 State WA Community Name SOUTH CLE ELUM , CITY OF County Name WASHINGTON County Code KITTIT AS COUNTY City Code 530263 .:...F.:.!..IP-=S:....;C=o=d=e ______ o37 =C.:.::ID::...:..:N=um'-'-'=be=r ______ 530263 =C~R=S~C=o=m=m~u~ni=W ______ N CRS Rating State Legislative District US Congressional District FIRM or FHBM available? 530263 8 Yes ~C""'ol.!.m:l.!m.!!:u:!.!n!!;ifyt..;S:=:.:t=a~tu~s _____ PARTICIPATING Community participates in NFIP? Date entered in NFIP Yes 12-09-1976 Date of most recent Community Assistance Visit (CAV)? 06-07-2007 15PDM State Community Name County Name County Code City Code Help WA ELLENSBURG, CITY OF WASHINGTON KITTITAS COUNTY 530234 ~F~IP~S::...C~od~e=--_______ 037 Help ~C~ID~N~u.!.!.m~b=e~r ______ 530234 Help Page 29 of 43 Kitt itas County Dep t. Of Public Works , E17-062 CRS Ra ti ng State Legislative District US Congressional District FIRM or FHBM available? 530234 8 Yes .:::C=om:..:..:.:..:.mJ.::u:.:.:n.:..:..ity~St=a=tu=-=s,--____ PARTICIPATING Community participates in NFIP? Date entered in NFIP Yes 05-22-1 ·974 Date of most recent Commun ity Assistance Visit (CAV)? 06-04-2002 Help State Community Name County Name County Code WA CLE ELUM, CITY OF WASHINGTON KITTITAS COUNTY htlps:lleservices.fema.govIFEMAMitigationlPrint.do 8/1812015 Print Application Page 6 of26 City Code 530096 .;...F"'"-Ip-=S=-c=o=d=e:....-______ 037 =C..:..:ID=-N:..:.=um=be=r ______ 530096 .:::C~R~S~C~o~m~m~un~i~W _____ ~N CRS Rating State Legislative District US Congressional District FIRM or FHBM available? 530096 8 Yes .:::,C.:::o'""m~m.:.=u"-'n!!JityL_'S~· t~a~tu""'s _____ PARTICIPATING Community participates in NFIP? Date entered in NFIP Yes 03-03-1975 Date of most recent Community Assistance Vislt(CAV)? 06-05-2007 Help State WA Community Name KITTITAS, TOWN OF County Name WASHINGTON County Code KITTITAS COUNTY City Code 530098 .:....F'-'-IP~S~C=o=d=e ______ 037 ~C~ID~N~u~m=b=e.:....r ______ 530098 15PDM Page 30 of43 Kltt ltas County Dept. Of Public Works . E17-062 CRS Rating State Legislative District US Congressional District FIRM or FHBM available? 530098 8 Yes .=C;:..om:..:.=m.:-=lI:!..!nc:..:.ity .... S=t=aC!.:tu,-=s,,-, _____ PARTICIPATI NG Community participates in NFIP? Date entered in NFIP Yes 05 -22-1974 Date of most recent Community Assistance VIsit (CAV)? 04-01-2010 Help State WA Community Name KITIITAS COUNTY" County Name WASHINGTON County Code KITTITAS COUNTY City Code 530095 FIPS Code 037 CID Number 530095 CRS Comm unity N https:lleservices.fema.gov/FEMAMitigationiPrint.do 8118/2015 Print Application Page 7 of26 C RS Rating State Legislative District US CongreSSional District FIRM or FHBM available? 530095 8 Yes .:::;C.=;om:..:.:.:.:.m;.::u..:..:,ni ..... tyr...:S=t=at=u=s _____ PARTICIPATING Community participates in NFIP? Date entered in NFIP Yes 02-05-1974 Date of most recent Com mun ity Ass istance Visit· (CAV)? 09-15-2011 htlps:lleservices.fema.gov/FEMAMitigationiPrint.do 8/1812015 Print Application Page 8 of26 Help Mitigation Plan Is the entity that will benefit from the proposed activity covered by a current FEMA- approved multi-hazard mitigation plan in compliance with 44 CFR Part 201? ~ ~ Yes 15PDM Page 31 of43 Kittitas County Dept. Of Public Works, E17-062 What is the name of the plan? Kittitas County Multijurisdictional Hazard Mitigat What is the type of plan? Local MultiJurisdictional Multihazard Mitigation Plan When was the current multi hazard mitigation plan approved by FEMA? Describe how the proposed activity relates to or is consistent with the FEMA-approved mitigation plan . 07-21-20 12 The proposed activity is an update to the approved HMP , which is required every five years . The current plan expires in July 2017 . If No or Not Known , please answer the following: Does the entity have any other mitigation plans adopted? If Yes, please provide the following information . No Plan Name Plan Type Date Adopted Attachment Please identify all previous FEMA planning grants rece ived : Performance Period Type of Grant Beginning Date Ending Date Deliverable Activity Amount Multijurisdicti onal Pla nning 12-31 -2010 12-31 -2012 Hazard Mitigation Plan $187,500.00 Does the StatelTribe in which the entity is located have a current FEMA-approved Total $187 ,500.00 mitigation plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the Yes plan? What is the type of plan? State of Washington Enhanced Mitigation Plan Enhanced State Multi-hazard Mitigation Plan When was the current multi hazard mitigation plan approved by FEMA? Describe how the proposed activity relates to or is consistent with the StatefTribe's FEMA-approved mitigation plan . 10-01-2013 The Kittitas County Multi-jurisdiction Hazard Mitigation Plan supports the State's Enhanced Hazard M itigation Pl an by alig ning with the goals a nd' obj e ctives to 1) protect life , 2) p ro te ct property, 3) promote a s usta inable economy , 4)' protect the environment, and 5) increase public prepa redness for disasters. A ction items withi n t he C ounty's p lan w ill he lp the state to ach ieve these g oal s. If you would like to make any comments, please enter them below. Please see attached Hazard Mitigation Plan and letters of intent to participate . To attach documents, click the Attachments button below. https:lleservices.fema.gov/FEMAMitigation/Print.do 8118/2015 15PDM Page 32 of43 Kittitas County Dept. Of Public Works, E17-062 Page 9 of26 Intent FD1 .pdf KittltasCoHMP Vol1 Final complete.pdf KittltasCoHMP Vol2 F inal complete.pdf Intent CleElum.pdf Intent FD T pdf I ntent Elle nsbu rg.pdf https:lleservices.fema.gov/FEMAMitigationiPrint.do 8/1812015 Print Application Page 10 of26 Scope of Work (Page 1 of 2) Title of your proposed activity (should include the type of activity and location): Kittitas County HMP Update Proposed types of Mitigation Activity(ies): Activity Code Activity Name 91.1 Local Multihazard Mitigation Plan If Other or Miscellaneous selected above, please specify: Describe the geographic area(s) to be covered by the planning activity: The defined planning area for this planning effort is contiguous with the K ittitas County boundary. This will be a multi-jurisdictional effort open to all eligible local governments. Source(s) of hazards specific to the geographic area to be addressed by the planning activ ity: Earthquake , Mud/Landslide, Volcano , Fire , Other (Specify in Comments), Drought, Flood , Severe Storm(s) Scope of Work (Page 2 of 2) Option that describes the intent of this planning application: Update If a plan update, describe the evaluation process of the existing plan for its strengths, weaknesses and utility: The Kittitas County HMP is reviewed yearly, as outlined in section 17 .5 of the plan. Participating jurisd ictions are to review their sections of the plan to ev aluate any progress that has occurred within the past year. Jurisdictions are to Identify any hazard events that have occurred , any mitigation that has occurred, and any ohanges that are re qu ired. This yearly re v iew is to identify the strengths, weaknesses and util ity of the plan through out the five-year oycle in order to facil itate the update proc.ess. Describe the process for implementing th is planning activity, including the following plan development requirements : 1) participation of agencies, stakeholders and the public; 2) hazard identification and risk/vulnerability assessment; 3) mitigation strategy ; 4) plan adoption ; and 5) plan maintenance: The development process proposed for this planning effort is comprised of 7 phases. Phase 1 involves organizing and revieWing . The pl anning partnership and steeri ng committee will be formed, the cu rrent plan Will be rev lewe'd , and coordinatio n with othe r agencies will occ ur. In phase 2 the hazards will be id entified, the risk assessment updated , and critical facilities and HAZUS updated . Phase 3 involves public outreach and public involvement. Phase 4 involves updating t he g oals , 0bjectlves and actions. Pl'lase 5 develops a plan for monito ring , evaluating and Updati ng the p lan . I n phase 6 the plan will be assembled , an d in phase 7 the pl an will be reviewed and adopted . M o re d.etall s of t h ese tasks a re illu strated In the attached scope of work. What are the primary sources of information and data and how it will be incorporated i nto existing planning mechanisms? 15PDM Page 33 of43 Kittitas County Dept. Of Public Works, E17 -062 Those data sou rces include county reco rds , Wash ington Department of Natural Resources , Nationa l Climatic Data Center, Un ited States Geologic Society . and the Natu ral Resources Conservation Service . What staff and resources will be used to implement th is plann ing activity? This is a multi-jurisdictional p lan and each planning pa rtner w ill be asked to formally commit to thi s process and will be asked to designate a planning point of contact. Th ese planning points of contact will interact directly with a plann i ng team made up of a lead project planner ass igned by Kittitas County , a contract https:lleservi ces .fem a.g ovIFEMAMitigationIPrint.do 8/18/201 5 Print Application Page 11 of 26 consu ltant ahd other person nel as deemed necessary. This effort will rely on contract help from a planning consu ltant to facilitate the process and to author the plan update. The process of plan updating is · not something local governments are used to doi ng , and understanding the many nuances of the program ofte n requires facil itation and technical consultation. This pla nning partnership is ne different. The staff available to lake on a pla nning effort of this magnitude is limited , thus the need for help. The plann ing consultant utilized for this effort will have the program knowledge and und erstandi ng to facilitate the planning process to a degree that will maximize the staff time available fo r all partners. If you would like to make any comments, please enter them below : The original planning effort was multi-jurisdictional. A lthough great effort was put into bri nging all eligible jurisdictions into the process, some jurisdictions chos e not to participate or did not follow through at the ,end :to complete their annex. The focus on the update w ill be to involve more Jurisdictions into the plan , a feat that Is very possible due to the abnormal number of disasters that have occurred within the county in the past few years , including numerous fires causing great damage, small earthquakes Which have yet to c;:luse damage , and a drought which is just beginn ing. Attachments: Kittitas County HMP Update SOW.pdf C o unty Map.pdf https :lleservi ces.fema.gov/FEMAM itigationIPrint.do 8118/2015 Print Application Page 12 of 26 Description Of Task Schedule Starting Unit Of Time Duration Unit Of Time Work Complete By Plann ing Partners , Planning Phase 1: Organ ize & Review MONTHS 3 MONTHS Phase 2 : Identif y Hazards and Update Risk A ssessment Phase 3 : Develop/Implement Public Invo lvement Strat egy Phase 4 : Update Goals. Objectives and Actions Phase 5 : Develop Plan for 2 2 4 Team, Steering Committee , Contract Consultant Contract Consultant, Planning Team 15PDM MONTHS 6 MONTHS MONTHS 12 MONTHS MONTHS 2 MONTHS Page 34 of43 Point Kittitas County Dept. Of Public Works, E17-062 Planning Partners, Contract Consultant , Planning Team Monitoring, Evaluating and Updating the Plan Phase 6 : Assemble the Updated 6 MONTHS 2 MONTHS Plan 8 MONTHS Phase 7 : Complete Plan Review and Adoption 10 MONTHS Estimate the total duration of the proposed activity : Planning Partners, Contract Consultant, Planning Team 2 MONTHS 6 MONTHS 16 MONTHS Planning Partners, Contract Consultant, Planning Team, FEMA, WA EMD https:lleservicesJema.govIFEMAMitigationIPrint.do 8118/2015 Print Application Page 13 of26 91.1 -Local Multihazard Mitigation Plan Item Name Phase 1: Organize and Grant Budget Class Subgrant Budget Class Other Unit Quantity Unit of Measure Unit Cost ($) Cost Estimate ($) Review Contractual Phase 1: Organize and (Personnel-"in- kind") 40 .00 Hour Review Phase 2: Risk Assessment Phase 2: Risk Assessment Phase 3: Public $ 50.00 $ 2,000.00 Contractual Contractual Contractual Contractual Contractual Other (Personnel-"in-kind") 30.00 Hour Involvement Phase 3: Public $ 50.00 $ 1 ,500.00 Contractual Contractual 122 .00 Hour 242 .00 Hour 88 .00 Hour Contract ConSUltant Federal Share: $ 91,125.00 $ 110 .00 $13,420.00 $ 110.00 $ 26,620.00 $110.00 $9,680.00 15PDM Page 35 of43 Kittitas County Dept. Of Public Works, E17-062 I nvolvemem Phase 4: Goals Objectives and Actions Contractual Phase 4: Goals Other (Personnel-"in-kind") Other (Personnel-"in-kind") 80 .00 Hour $ 50.00 $ 4,000.00 30.00 Hour $ 50.00 $ 1 ,500.00 Objectives and Actions Phase 5: Plan Contractual Contractual Maintenance Contractual Phase 5: Plan Other (Personnel-"in-kind") 20.00 Hour $ 50.00 $ 1 ,000 .00 Maintenance Contractual Contractual Phase 6: Assemble the Plan Contractual Contractual Phase 6: Assemble the Plan Contractual Phase 7: Plan Review Other (Personnel-"in-kind") 20.00 Hour $ 50.00 $ 1,000.00 and Adoption Contractual Contractual Phase 7: Plan Review and Adoption Phase 8: Project Contractual Other (Personnel-"in-kind") 20.00 Hour $ 50.00 $ 1 ,000.00 Management Contractual Contractual Ph ase 9: Other (copies, travel, etc) Contractual Contractual Total Plan Cost Estimate: $ 121,500.00 https:lleservices.fema.govIFEMAMitigationiPrint.do 8118/2015 Print Application Page 14 of26 https:lleservices.fema.gov/FEMAMitigationiPrint.do 8/1812015 15PDM Page 36 of43 36.00 Hour $ 110.00 $ 3,960.00 32.00 Hour $ 110 .00 $ 3,520 .00 314.00 Hour $ 110.00 $ 34,540.00 56.00 Hour $110.00 $6,160.00 60.00 Hour $110.00 $ 6,600.00 1.00 Each $ 5,000.00 $ 5,000.00 Total Cost $ 121,500.00 Kittitas County Dept. Of Public Works, E17-062 Page 15 of26 Cost Share Act ivity Cost Estimate Federal Share Percentage Non -Federa l Share Percentage Proposed Federal Share Proposed Non-Federal Share Source Agency Non -Federal Funds Name of Source Agency Funding Type Local Agency Fund ing Amount ($) Kitt itas County Genera l Fund I Public Works Cash Local Agency Funding Kitt itas County General Fund I Public Works Other (Labor -In-Kind Contribution) Grand Total $ 12,000.00 View Details $ 30 ,375.00 Action $ 121 ,500.00 75% 25% Dollars $91 ,125.00 $ 30 ,375 .00 Percentage 75% 25% $ 18,375 .00 View Delalls If you would like to make any comments, please enter them below. The scope of work proposed for this planning update effo rt assumes all original participating planning partn ers will continue to seek DMA compliance from this plan . and new planning partners will join in the process. Th is process will involve numerous key Individuals representin g planning partners and stakeholders within the planning qrea. The cost estimate for this project Illustra tes personnel hours applied to the various tasks from the proppsed scope of work. These hours are best gu ess estimates for all that may be involved in this process , including planning team members , steering committee members and representatives from each planning partner. It s hould be hoted that the range of profes sIon of these ind ividua ls will vary . They coul d be public works directors, fire chiefs , corpora t ion presiden ts or they. could be cit izens, town clerk s or labore rs . The makeup of the Steering C.ommittee will be determined by the partnership with an emphasIs on Ident ifyin g true slClkeh olders within the planning area. Those hours identified as upersonne l" und er the SUb-grant budge t Glass will be appUed to the tocal match as "in-kind" contribution. The first $10,000 of contractual cost for th is project will be c()vered bY County ,genera l f und allocati on. The remaining $15,000 of local match will be provided as "'in-kind" contribution. It is an tiolpated that the majority of th is "in-kind" contribution will come fr om Tasks 1 8, 1 C, 1 D, 3A, 38 and 3e of the proposed scope of work . For the purposes of genera t ing a cost estimate for this project, a blended billing ra te has been created for the planning partnership as well as contraot consultan ts that will be utilized in this process , The se blen de d rates are fully loaded rates (salary plus benefits) and have been based upon rate schedules typically seen in other similar planning efforts in the regi on. Please s_ee attached rate schedule as an example of the billing rate for potential personnel associated with this project. Please not that this table is not all incl usive of individu als that maY be utilized on this project. It is provided as a representation that the blended rate is fair and reasonable. It should be nOted that the members of the steering committee are considered to be "volunteer" personnel and their associated match has been calculated accord ing to the parameters established unde r 44CFR part 13 .24 . FEMA Grant Hourly Rates 07-01-15.pdf Budget Summary.pdf Attachments Funding Source Local Agency Funding 15PDM Page 37 of43 Kittitas County Dept. Of Public Works , E17-062 Funding Type Cash https:lleservices.fema.govIFEMAMitigationiPrint.do 8/18/2015 Print Application Page 16 of26 Amount Date of availability Funds commitment letter date $ 18,375.00 01-01-2016 07-28-2015 Attachment (funds commitment letter) Kittltas Funds Commitment LetteLpdf Local Agency Funding Funding Source Name of Funding Source Funding Type Amount Kittitas County General Fund I Public Works Other (Labor -In-Kind Contribution) Date of availability Funds commitment letter date Attachment (funds commitment letter) $ 12,000.00 01-01-2015 07-27-2015 https:lleservices.fema.govIFEMAMitigation/Print.do 8/1812015 Print Application Page 17 of26 https:lleservices.fema.govIFEMAMitigation/Print.do 8/18/2015 Print Application Page 18 of26 Evaluation (Page 1 of 2) Is the recipient participating in the Commun ity Rating Sys tem (CRS)? Yes If yes, what is their -=C"-'R:..=S:....!r-"'a=tin~g1.:.? _________ 6 Is the recipient a Cooperating Techn ica l Pa rtner (CTP)? No Is the recipient a Firewise C:;om munity? No If yes, please provide their F irewi'se C o mm unity number. Has the recipient adopted building codes consistent with the International Codes? Has the recipient adopted the Nationa l Fire Protection Assoc;atlo n (NFPA) 50 00 Code? Yes No Have the recipient's building codes been assessed on the Building Code Effectiveness G rad in g Schedu le (BCEGS)? Yes 15POM Page 38 of43 Kittitas County Oept. Of Public Works, E17-062 Is this a small. impoverished community ? No https:lleservices .fema .gov/F EMAMitig ation/Print.do 8/18 12015 Print Application Page 19 of26 Evaluation (Page 2 of 2) How will this mitigation activity leverage involvement of partners to enhance its outcome? Describe how this planning activity will benefit your community and how the plan/data will be used to promote resili ency? Comments: The original Kittitas County Plan was multi-jurisdictional. The update will also include all original participating jurisdictions , as well as an effort to gain the participation of those who chose not to in the original planning proce.ss. Being a small community , relationships and eooperation span county-wide a nd it is difficUlt for on e local govemment to fLlnction without the support of an01her. T his plan will build on and strengthen those relationships which will result in a more resilient community. By in itIat ing this planning effort, Kittitas COUr:lty and its planning partners will establ ish the framework through a plann ing nexus fo r red ucing 1he level of risk to natural hazards wi thin the planning area. This reduotion In risk will be· enhanced by working together with planning partners within the planning area , and thus expanding the influence of the goals and objectives of this plan . This enhancement will be created by establishfng a uniform policy throughout the county with an emphasis on pooling resoUrces and capabilities and identifying those hazard mitigation strategies that have the highest degree of cost-effectiveness . As seen in the proposed scope of work for this project" this plan will be developed by fOllowing a scnpt that emphasizes assessing risk, identifying capabilities, comprehensively reviewing a lternatives and identifying actions by w hom , when , where and how they witl be paid for. All if this is completed in contexl with active public involvement throughout the entire process. TIlis is tt:le /lilO~t important aspect of this process . With public su pport, the political support w ill follow and thus allow for a seamless implementation of the actions identified in the plan . The process will prescribe how th~ action s will be· implemented. These acti o ns will be Identified in the fi nal plan. Risk reduction in any portion of Kittitas County will benefit all of its citizens by red uoing the physical } fir:lE!ncial and emotional im 'pact of natural hazard events . By teaming together through a regiona l effort; the probability of maximizing the risk reduction county-wi de will be greatly enhanced and th us further enhance the benefits to the constitl,iency. Attachments : Name https :lle servi c es.fema.g ov/F EMAMiti ~ation/Print.do 8/18 /2015 Print Application Page 20 o f 26 Date Attached Assurances and Certifications Please click the link in the status column to view forms . Forms Part I: Assurances Non-Construction P rograms. Status Complete Part 11 : Certifications Regarding Lobbying ; Debarment, Suspension and Other Responsibilities Matters ; and Drug-Free Workplace Requ irements. Complete 15PDM Page 39 of43 Kittitas County Dept. Of Public Works , E 17-062 more than $100,000 and have lobbying activities using Non-Federal funds. See the Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements form for ~~~~ppWct~v6V~s definition.) https:lleservices.fema.gov/FEMAMitigationlPrint.do 8118/2015 Print Application Page 21 of26 SF424B.pdf Attachments I, Christina Wollman, hereby sign this form as of 07-24-2015 . https :lleservices .fema.gov/FEMAMitigationIPrint.do 8/18/2015 Print Application Page 22 of26 Certifications Regarding Lobbying ; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. Form 1660-0025.pdf Attachments Sec ti on 17 .630 of the regul at ions prov ide that a gran fee that is a State may e lect to make on e certific ation in ea c h Federal fiscal year. A C0PY of which should be included w ith each appl ication for F EM A f unding . States and State agencies may elect to use a Statewide certi fica tio n. I, Christina Wollman , hereby sign this form as of 08-17-2015 . https:lleservices.fema.govIFEMAMitigationlPrint.do 8/1812015 Print Application Page 23 of26 Comments and Attachments Name of Section Community Mitigation Plan Scope of Work Cost Share 15PDM Comment The original planning effort was multi-jurisdictional. As will be seen in the proposed scope of work for this project, great effort will be Page 40 of43 Attachment Date Attached Kittitas County Dept. Of Public Works , E17-062 These jurisdictions include one city and numerous fire, school , water and hospital districts. Please se.El attached Hazard Mitigation Plan and ' letters of ~rfi?l~ert;sl~fng effort was multl-jurisdictional. Although great effort was put Into bri hg ing all eligible jurisdictions Into the process , some jurisdictions cho,s~ not to partiCipate or did not foll ow th rough at the end to 'complete their annex . The focus on the update will be to Involve mo re Jurisdic tions into the pla n, a feat that is very possible due to the abnormal number of disasters that ~~lga~Wrm~_~~~ the past few years , i nclud ing humerous fires ,causing great flli~.p~B%~Ma_, anda 8~0&~'~.AWc'jlr iQ iM!t~ffiRfft~g planning partners will continue to seek DMA compliance from this plan , and new pl anning partners will join in the process . Th is process will involve numerous key ind ividuals represen ting pla nning partners and stakeholders w ithin the plann ing area . The cost estimate for this project illustra tes personnel hours applied to the variou s tasks from the proposed scope of work . These hours are best gu es s estimates for all that may be involved in thi s process, inclu dfng plan ni ng team members , stee~in g committee members and representafives fr om each pla nning partne r. It should be noted that the range of profession of th ese individuals will vary . The y . Planning Area Profile.pdf 07 -06-2015 !.!.lh!!:te:::!.n.!.!..t...:.F..!:D~1~.p.:..l:d~f _________ 08-17-2015 :..:..In..:;te=n=t -:E:=.:I,:.:le''-!n=sb=u::.:.,r'''''g.=D=df"--______ 08-18-2015 ~1.:..:;nt:.:::e.:..:;nt:....:..F:;D..:.;7 .;I;::O,:;:,df:..._-------08-17-2015 Intent_CleElum.pdf 08-17-2015 KittitasCoHMP Vo l1 Final complet 08-17-2015 - County Map.pdf 07-27-2015 Kittitas County HMP Update08-17-2015 SOW.pdf FEMA Grant Hour ly Rates 07-01-0 7-24-2015 15 .p df Kittitas Funds Commitment07 -27 -2015 08-17-2015 Budget Summarv.pdf KittitasCoH MP Vol2 Final com pl ete .pdf 08-17-2015 https:lleservices.fema.gov/FEMAMitigationiPrint.do 8118/2015 Print Application Page 24 of26 15PDM could be public works directors, fire chiefs, corporation presidents or they could be citizens , town clerks or laborers . The makeup of the Steering Committee will be determined by the partnership with an emphasis on identify ing true stakeholders within the planning area. Those hours identified as "personnel" under the SUb-grant budget class will be Page 41 of43 Kittitas County Dept. Of Public Works, E17 -062 kind" contribution. The first $10,000 of contractual cost for this project will be covered by County general fund allocation . The remaining $15,000 of local match will be provided as "in-kind " contribution. It is anticipated that the majority of this "in-kind" contribution will come from Tasks 18, 1C, 10, 3A, 38 and 3C of the proposed scope of work. For the purposes of generating a cost estimate for this project, a blended billing rate has been created for the planning partnership as well as contract consultants that will be utilized in this process . These blended rates are fully loaded rates (salary plus benefits) and have been based upon rate schedules typically seen in other similar planning efforts in the region. Please see attached rate schedule as an example of the billing rate for potential personnel associated with this project. Please not that this table is not all inclusive of individuals that may be utilized on this project. It is provided as a representation that the blended rate is fair and reasonable. It should be noted that the members of the steering committee are considered to be "volunteer" personnel and their associated match has been calculated according to the parameters established under 44CFR part 13.24. https:lleservices.fema.gov/FEMAMitigationlPrint.do 8118/2015 Print Application Page 25 of26 FEMA Grants Application __ • __ AA _____ .... P ____ • ___ .. _. Kittita s Cou nty FEMA GRANT APP.pd'f Attachments IClose Window https:/leservices.fema.govIFEMAMitigationiPrint.do 8118/2015 15PDM Page 42 of 43 Kittitas County Dept. Of Public Works, E17-062 Print Application Page 26 of26 https:lleservices.fema.govIFEMAMitigationiPrint.do 8/1812015 15PDM Kittitas County Oept. Of Public Works, E17-062