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)
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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Funding Type Cash
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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
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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
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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
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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.)
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8118/2015
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SF424B.pdf
Attachments
I, Christina Wollman, hereby sign this form as of 07-24-2015 .
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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 .
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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
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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.
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FEMA Grants Application
__ • __ AA _____ .... P ____ • ___ .. _.
Kittita s Cou nty FEMA GRANT APP.pd'f
Attachments
IClose Window
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8118/2015
15PDM Page 42 of 43 Kittitas County Dept. Of Public Works, E17-062
Print Application
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8/1812015
15PDM Kittitas County Oept. Of Public Works, E17-062