HomeMy WebLinkAboutD19-1004 Kittitas County Ryegrass CouleeFFY18 Fire Management Assistance Grant Agreement Page 1 of 22 Kittitas, County of, D19-1004
Washington State Military Department
FIRE MANAGEMENT ASSISTANCE GRANT AGREEMENT FACE SHEET
1.SUBRECIPIENT Name and Address:
Kittitas, County of
205 W 5th Ave, Suite 105
Ellensburg, WA 98926-2887
2. Total Project Amount:
To be determined, based upon
approved project worksheets
3.Grant Agreement Number
D19-1004
4.SUBRECIPIENT, phone/email:
Judy Pless, (509) 962-7502judy.pless@co.kittitas.wa.us
5.Grant Agreement Start Date:
July 11, 2018
6.Grant Agreement End Date:
July 11, 2021
7.DEPARTMENT Program Manager, phone/email:
,Chris Polit (253) 512-7403
chris.polit@mil.wa.gov
8.Data Universal Numbering
System (DUNS #): 010202547
9.UBI # (state revenue):
192 002 673
10. Funding Authority:
Washington State Military Department (DEPARTMENT) and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #:
FEMA 5253-FM-WA
12.Program Index # & Obj/Subobj
792G8/NZ
13. Catalog of Federal Domestic
Asst. (CFDA) # &Title: 97.046
14.N/A
15. Total Federal Award Amount: N/A 16. Federal Award Date: July 10, 2018
17. Service Districts:
(BY LEGISLATIVE DISTRICT): 13
(BY CONGRESSIONAL DISTRICT): 8
18. Service Area by County(ies):
Kittitas
19. Women/Minority-Owned, State
Certified?: X N/A NO
YES, OMWBE #_________
20. Contract Classification:
Personal Services Client Services X Public/Local Gov’t
Research/Development A/E Other________
21. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34)Interagency
22. Contractor Selection Process:X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO _______
23. Contractor Type (check all that apply)
Private Organization/Individual For-ProfitX Public Organization/Jurisdiction Non-Profit
VENDOR X SUBRECIPIENT OTHER
24. BRIEF DESCRIPTION:
Fire Management Assistance Grant (FMAG) declaration FEMA 5253-FM-WA, (Ryegrass Coulee Fire): To provide funds to the
SUBRECIPIENT for the reimbursement of eligible fire management assistance costs and allowable grant administration costs as
approved by the Federal Emergency Management Agency in project worksheets describing eligible scopes of work and
associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the FEMA-State Agreement and associated
declaration FEMA 5253-FM-WA, which is incorporated by reference, and has made a subaward of Federal award funds to the
SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award
funds provided under this Agreement.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, exhibits,
references and attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet,
Special Terms and Conditions (Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3),
Washington State Fire Management Assistance Grant 2018 Applicant Manual (Attachment 4), and all other documents, exhibits, and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order:
1.Applicable Federal and State Statutes and Regulations 5.Special Terms and Conditions
2.DHS Standard Terms and Conditions 6.General Terms and Conditions, and,
3.FEMA FMAG Declaration, FEMA-State Agreement and other Documents 7. Other provisions of the
4.Statement of Work and/or FEMA-approved Project Worksheet(s)grant incorporated by reference.
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_________________________________________
Signature Date
Regan Anne Hesse, Chief Finance Officer
Washington State Military Department
(Signature on file) 11/1/2018
Dawn C. Cortez, Assistant Attorney General
FOR THE SUBRECIPIENT:
__________________________________________
Signature Date
Brett Wachsmith
Chairman, Board County Commissioners
APPROVED AS TO FORM:
__________________________________________
SUBRECIPIENT’S Legal Review Date
Form 10/22/2015
FFY18 Fire Management Assistance Grant Agreement Page 2 of 22 Kittitas, County of, D19-1004
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
Fire Management Assistance Grants
ARTICLE I.KEY PERSONNEL
The individuals listed below shall be considered key personnel and the point of contact under this Agreement.
Any substitution of key personnel by either party shall be made by written notification to the current key
personnel.
SUBRECIPIENT: DEPARTMENT:
Name: Judy Pless Name: Chris Polit
Title: Budget Finance Officer Title: FMAG Program Manager
e-mail: judy.pless@co.kittitas.wa.us e-mail: chris.polit@mil.wa.gov
Phone: (509) 962-7502 Phone: (253) 512-7403
ARTICLE II. ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement and the informational documents published
by FEMA applicable to the Fire Management Assistance Grant (FMAG) declaration including, but not limited
to, all criteria, restrictions, and requirements of the “Fire Management Assistance Grant” declaration published
by FEMA and the federal regulations commonly applicable to FEMA grants, all of which are incorporated
herein by reference. The FEMA Fire Management Assistance Grant Declaration and the FEMA-State
Agreement are incorporated in this Agreement by reference.
The SUBRECIPIENT shall comply with the Washington State Fire Management Assistance Grant 2018
Applicant Manual incorporated in this agreement as Attachment 4. The DHS Standard Terms and Conditions
are incorporated in this Agreement in Appendix I of the Washington State Fire Management Assistant Grant
2018 Applicant Manual.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by
the DEPARTMENT. Under the authority of Fire Management Assistance Grant declaration number FEMA
5253-FM-WA, the DEPARTMENT is reimbursing the SUBRECIPIENT for those approved eligible fire
management assistance costs and those approved allowable grant administration costs necessary under the
Fire Management Assistance Grant Program during the incident period of July 9, 2018 at 2249 hrs. through
July 11, 2018 at 2359 hrs. Eligible fire management assistance costs and allowable grant administration
costs consistent with 44 CFR Chapter I Subchapter D Part 204 Subpart C §204.42 and the Washington State
Fire Management Assistance Grant 2018 Applicant Manual (Attachment 4) will be identified in Project
Worksheets approved by FEMA.
A.STATE AND FEDERAL REQUIREMENTS FOR FIRE MANAGEMENT ASSISTANCE GRANTS:
The following requirements apply to all DHS/FEMA Fire Management Assistance Grants administered by the
DEPARTMENT.
1.FUNDING
The DEPARTMENT will administer the Fire Management Assistance Grant Program and reimburse to the
SUBRECIPIENT approved eligible fire management assistance costs and approved allowable grant
administration costs identified in Project Worksheets pursuant to Fire Management Assistance Grant
declaration number FEMA 5253-FM-WA, (Ryegrass Coulee Fire), consistent with 44 CFR Part 204 and the
Washington State Fire Management Assistance Grant 2018 Applicant Manual (Attachment 4).
FFY18 Fire Management Assistance Grant Agreement Page 3 of 22 Kittitas, County of, D19-1004
The Parties agree that no final dollar figure is committed at the time that this Agreement is executed, but that
financial commitments will be made by amendments to the project application as Project Worksheets are
completed in the field and projects are authorized by state and federal officials. See Attachment 3 - Project
Worksheet Sample.
Pursuant to the FEMA-STATE AGREEMENT, FEMA will contribute not less than 75 percent (federal match)
and the SUBRECIPIENT will commit not less than 25 percent (non-federal match) of the eligible costs for any
eligible project for the SUBRECIPIENT that has been identified under the Fire Management Assistance Grant
declaration number FEMA 5253-FM-WA, subject to the following exceptions:
DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to provide a
portion of the SUBRECIPIENT’s non-federal match of eligible projects. Provision of a portion of the non-
federal match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not require
amendment of this Agreement. If the DEPARTMENT commits to provides non-federal match funds, the
DEPARTMENT will formally notify the SUBRECIPIENT in writing, which will include information identifying
any related reduction in the SUBRECIPIENT’s percentage commitment.
Donated Resources: FEMA may credit a SUBRECIPIENT for the value of certain volunteer labor, donated
equipment, and donated materials used to meet the immediate threat to life and property resulting from the
declared fire, referred to as “Donated Resources”. The Donated Resources are submitted to FEMA in a
Project Worksheet. FEMA will subsequently issue its decision. Approved Donated Resources offset the non-
federal match of the eligible emergency work approved in Project Worksheets. For non-state agency
SUBRECIPIENTS, the donated resource value will first be applied to the SUBRECIPIENT’s non-federal
match, and, if a DEPARTMENT match is authorized, any remaining donated resource value will be applied
to the DEPARTMENT’s match. The value of any approved Donated Resources are calculated as described
in FP 9525.2 – Donated Resources (2014), and are capped at the non-Federal match of approved eligible
emergency work costs. The Federal match of the Donated Resources will not exceed the non-federal match
of eligible emergency work costs approved in Project Worksheets. Any excess credit can be credited only to
other eligible emergency work costs, for the same SUBRECIPIENT in the same disaster. The value of excess
donated resources cannot be credited toward or transferred to another eligible SUBRECIPIENT, or toward
other State obligations. The DEPARTMENT does not match a FEMA donated resource credit.
2.GRANT AGREEMENT PERIOD
a.Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall be those activities which occurred during or subsequent to the incident period defined
in Attachment C of the FEMA-State Agreement and shall terminate upon completion of the project(s)
approved by federal and state officials, including completion of close-out. This period shall be referred
to as the “Grant Agreement Period.”
b.The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of
the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written
notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to address
extensions of its underlying federal grant performance period.
3.PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Fire Management Assistance Grant
declaration from FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington
State Fire Management Assistance Grant 2018 Applicant Manual (Attachment 4) as follows:
a.All payment requests shall be made to the SUBRECIPIENT upon submission and approval of an A19-
1A form, State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved
funding through approval of Project Worksheets. Payments will be made by electronic fund transfer to
the SUBRECIPIENT’s account.
b.Federal funding shall not exceed the total federal contribution eligible for Fire Management Assistance
costs under the Fire Management Assistance Grant declaration number FEMA 5253-FM-WA.
c.For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer
payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency
FFY18 Fire Management Assistance Grant Agreement Page 4 of 22 Kittitas, County of, D19-1004
No. 4050, accounting fund no. 108.
d.Final Payment: Final Payment will be made following submission by the SUBRECIPIENT on form
A19-1A, State of Washington Invoice Voucher, after FEMA has approved funding through the approval
of a Project Worksheet. Adjustments to the final payment may be made following any audits
conducted by the Washington State Auditor’s Office or the Department of Homeland Security Office
of the Inspector General.
e.Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits, printing, equipment,
and other goods and services will be reimbursed on an actual cost basis unless otherwise provided in
this Agreement.
f.For travel costs, SUBRECIPIENTs shall comply with 2 CFR §200.474 and should consult their internal
policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended,
and federal maximum rates set forth at 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 Key Personnel.
g.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.
h.All work under this Agreement must end on or before the Grant Agreement End Date, and the final
reimbursement request must be submitted to the Department within 45 days after the Grant
Agreement End Date, except as otherwise authorized by written amendment of this Agreement and
issued by the Department.
i.No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies
have been received by the SUBRECIPIENT, its subrecipient or contractor, or any non-federal entity
to which the SUBRECIPIENT makes a subaward and is invoiced by the vendor.
j.SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the
same purpose. The SUBRECIPIENT may be required to demonstrate and document that a reduction
in non-federal resources occurred for reasons other than the receipt or expected receipt of federal
funds.
4.CLOSE-OUT
After payment of the approved funding, the SUBRECIPIENT’s Fire Management Assistance Grant Agreement
will be closed.
5.DOCUMENTATION / REPORTING REQUIREMENTS
The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and
application of Fire Management Assistance Grant funds for six years following the closure of this Fire
Management Assistance Grant Agreement. Documentation includes adequate accounting of actual costs
and recoveries incurred.
The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the DEPARTMENT the FFATA
Form located at http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms and return to
the DEPARTMENT; which is incorporated by reference and made a part of this Agreement.
6.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 Section A.11.
7.SUBRECIPIENT MONITORING
a.The Department will monitor the activities of the SUBRECIPIENT from award to closeout. The goal
of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through
funds are in compliance with this Agreement, federal and state audit requirements, federal grant
FFY18 Fire Management Assistance Grant Agreement Page 5 of 22 Kittitas, County of, D19-1004
guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart
F.
b.To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall
complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form” located at
http://mil.wa.gov/emergency-management-division/grants/requiredgrantforms with the signed Agreement
and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and
made a part of this Agreement.
c.Monitoring activities may include, but are not limited to:
i.review of financial and performance reports;
ii.monitoring and documenting the completion of Agreement deliverables;
iii.documentation of phone calls, meetings, e-mails, and correspondence;
iv.review of reimbursement requests and supporting documentation to ensure eligibility and
consistency with Agreement work plan, budget, and federal requirements;
v.on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d.The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in
2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes a subaward
as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or
state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT may
impose any additional subaward conditions as described in 2 CFR 200.207. If the DEPARTMENT
determines that noncompliance cannot be remedied by imposing additional conditions, it may take
one or more of the following actions:
i.Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT.
ii.Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT.
iii.Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a
proceeding be initiated by the federal awarding agency.
iv.Withhold further federal awards for the project or program.
v.Take any other remedies that may be legally available.
f.The SUBRECIPIENT agrees to:
i.Cooperate with and participate in any monitoring or evaluation activities conducted by the
DEPARTMENT and/or FEMA that are pertinent to the intent of this Agreement or an
approved project worksheet. This includes coordinating with the DEPARTMENT the
scheduling of the documentation review.
ii.The SUBRECIPIENT will assist in the preparation of the Project Worksheets.
iii.Provide assistance to the FEMA/DEPARTMENT Team that reviews the documentation to
support the costs claimed on the Project Worksheets.
iv.Maintain records and documentation that adequately identify and directly support a
project’s eligible costs to the approved project worksheet. Pro-rated costs are not eligible
for reimbursement.
v.Provide the DEPARTMENT with all supporting documentation required to complete the
evaluation of eligible costs and provide all additional documentation that the
DEPARTMENT or FEMA may request as a result of the review visit or further evaluation
of supporting financial documentation and/or reports. If all requested supporting
documentation is not provided, the cost may be determined to be ineligible. Project
Worksheets are written and submitted to FEMA after evaluation and review of all available
documentation.
vi.The SUBRECIPIENT may submit additional costs that are identified, with the supporting
documentation for these costs, to the DEPARTMENT not later than four (4) weeks following
submission of the Final Costs Claimed form for review and consideration. The
FFY18 Fire Management Assistance Grant Agreement Page 6 of 22 Kittitas, County of, D19-1004
SUBRECIPIENT understands that any costs identified after a Project Worksheet is written
and submitted to FEMA may not be eligible for reimbursement.
g. The DEPARTMENT agrees to:
i.Provide technical assistance during all monitoring or evaluation activities. The
DEPARTMENT will coordinate and schedule the meetings necessary to conduct and
complete all monitoring and evaluation activities.
ii. Develop the SUBRECIPIENT’s project worksheet(s) and supporting attachments with
FEMA and the SUBRECIPIENT’s assistance based upon the costs determined to be
eligible.
iii.Submit the SUBRECIPIENT’s funding package to FEMA.
iv.Notify the SUBRECIPIENT when funding approval is received, issue payment per the
process described above see Article II, A.4 – Payments, and provide the
SUBRECIPIENT with a copy of the approved project worksheet.
v.Work with the SUBRECIPIENT to resolve any issues identified during the monitoring
process.
8.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) prohibition against
discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance
take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their
programs and services. Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies
to issue guidance to recipients, assisting such organizations and entities in understanding their language
access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance
provides helpful information such as how a recipient can determine the extent of its obligation to provide
language services; selecting language services; and elements of an effective plan on language assistance
for LEP persons. For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-
organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
B.FEMA-STATE AGREEMENT TERMS AND CONDITIONS
As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA terms
and conditions of the FEMA-State Agreement and the Fire Management Assistance Grant Declaration, which
are incorporated in and made part of this Agreement in Appendix I of the Washington State Fire Management
Assistance Grant 2018 Applicant Manual (Attachment 4).
FFY18 Fire Management Assistance Grant Agreement Page 7 of 22 Kittitas, County of, D19-1004
Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Fire Management Assistance Grants
A.1. DEFINITIONS
As used throughout this Agreement terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a.“Agreement” means this Grant Agreement.
b."DEPARTMENT" means the Washington State Military DEPARTMENT, as a state agency, any
division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other
officials lawfully representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal
award directly from a federal awarding agency and is pass-through entity making a subaward to
a subrecipient under this Agreement.
c.“SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to
the non-federal entity identified on the Face Sheet of this Agreement that has received a
subaward from the DEPARTMENT. However, the definition of “subrecipient” is the same as in
2 CFR 200.93 for all other purposes.
d.“Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities,
or policies.
e.“Project” shall mean the activities funded through the Fire Management Assistance Grant
Program as described in approved Project Worksheets and may include reimbursement of
approved eligible fire management assistance costs described in 44 CFR 204.42 and allowable
grant administration costs described in 44 CFR 204.63.
f.“Eligible fire management assistance costs” shall include activities performed to reduce the
immediate threat to life, property, and public health and safety authorized under section 403 of
the Stafford Act, Essential Assistance, when directly related to the mitigation, management, and
control of the declared fire. Essential Assistance activities that may be eligible are described in
44 CFR 204.42(f) and the Washington State Fire Management Assistance Grant 2018 Applicant
Manual, and include, but are not limited to, police barricading and traffic control, extraordinary
emergency operations center expenses, evacuations and sheltering, search and rescue, arson
investigation teams, public information, and the limited removal of trees that pose a threat to the
general public.
g.“Grant Administration Costs” shall mean administrative costs allowable under 44 CFR
204.63(a) and as described in the Washington State Fire Management Assistance Grant 2018
Applicant Manual.
A.2.ADVANCE PAYMENTS PROHIBITED
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement and the SUBRECIPIENT shall not invoice the DEPARTMENT in
advance of delivery and invoicing of such goods or services, except as authorized under 2 CFR
200.305.
A.3.AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the
DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral,
shall be binding on the parties.
A.4. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, AS AMENDED, 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.
FFY18 Fire Management Assistance Grant Agreement Page 8 of 22 Kittitas, County of, D19-1004
The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection
to individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5.APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH
The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
A.6. ASSURANCES
The DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be
conducted in accordance with all the applicable current federal, state and local laws, rules and
regulations. In addition, as a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all
applicable DHS terms and conditions as specified in Appendix I of the Washington State Fire
Management Assistance Grant 2018 Applicant Manual (Attachment 4) incorporated in this
Agreement as Attachment 4.
A.7.CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are the 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 Grant Agreement by any federal department or
agency. The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-
management-division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT
for this Agreement shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies
that it will ensure that potential subcontractors or subrecipients or any of their principals are not
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in “covered transactions” by any federal department or agency. “Covered transactions”
include procurement contracts for goods or services awarded under a non-procurement transaction
(e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards
to subrecipients for any amount. With respect to covered transactions, the SUBRECIPIENT may
comply with this provision by obtaining a certification statement from the potential subcontractor or
subrecipient or by checking the System for Award Management (http://www.sam.gov) maintained by the
federal government. The SUBRECIPIENT also agrees not to enter into any agreements or contracts to perform
Public Works projects with any party on the Washington State Department of Labor and Industries’ “Debarred
Contractor List” (http://www.lni.wa.gov/TradesLicensing/PrevWage/Awarding Agencies/DebarredContractors/).
The SUBRECIPIENT also agrees not to enter into any agreements or contracts for the purchase of goods and
services with any party on the Department of Enterprise Services’ Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.8.CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions; (3) and that, as applicable, the SUBRECIPIENT will require that the language of this
certification be included in the award documents for all subawards at all tiers (including sub-contracts,
sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-
FFY18 Fire Management Assistance Grant Agreement Page 9 of 22 Kittitas, County of, D19-1004
recipients shall certify and disclose accordingly. This certification is a material representation of fact
upon which reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.9.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, Equal Employment Opportunity, as amended by
Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations
(41 CFR chapter 60), Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Public
Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental
Policy Act (RCW 43.21C), Energy Policy and Conservation Act (Public Law 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), Title 44 of the Code of Federal Regulations, 2 CFR Part 3002, Ethics
in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public
Disclosure (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy
Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
Handicapped Persons (RCW 70.92), and safety and health regulations.
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.
In the event of the noncompliance or refusal to comply with any applicable law, regulation, executive
order, OMB Circular or policy by the SUBRECIPIENT, its contractors or subrecipients, the
DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole
discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure, and that
of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders,
OMB Circulars or policies.
A.10.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 SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or
pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for
work to be performed in connection with the project assisted under this Agreement. The
SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11.CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award
of any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
FFY18 Fire Management Assistance Grant Agreement Page 10 of 22 Kittitas, County of, D19-1004
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for settlement.
3)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision
to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, Uniform Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to
the SUB-RECIPIENT. All subcontracting agreements entered into pursuant to this Grant
Agreement shall incorporate this Agreement by reference.
5)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements
of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
6)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes
to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
FFY18 Fire Management Assistance Grant Agreement Page 11 of 22 Kittitas, County of, D19-1004
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System
for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
9)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10)Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
11)Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12)Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13)Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the
Comptroller General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
14)Retention of all required records for six years after the SUBRECIPIENT has made final
payments and all other pending matters are closed.
15)Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.
L.94–163, 89 Stat. 871).
b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents, and require the SUBRECIPIENT to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326/. The SUBRECIPIENT
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must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both the
SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs.
c.All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.12.DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT’s or the SUBRECIPIENT’s
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act,
other law or court order.
A.13.DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing,
state the disputed issues, state the relative positions of the parties, and be sent to all parties. The
panel shall consist of a representative appointed by the DEPARTMENT, a representative appointed
by the SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by
majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney
fees and costs, and share equally the cost of the third panel member.
A.14.DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does
not, or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this Agreement that are
duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek
recovery against any party or parties whose negligence or other intentional or tortious conduct may
have caused or contributed to the expenditures for which these grants funds are provided. The
SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment or other
court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the
DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to
ensure appropriate apportionment of any duplicated or recovered payment.
A.15.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 investigation and all other knowledge the SUBRECIPIENT has as to
the presence of any hazardous substances at the proposed development/construction project site.
The SUBRECIPIENT will be responsible for any associated clean-up costs as a result of the
inspections. "Hazardous Substances" are defined in RCW 70.105D.020(10).
A.16.LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and
hold harmless the DEPARTMENT, the state of Washington, and the United States Government and
their authorized agents and employees, from all claims, actions, costs, damages or expenses of any
nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its subcontractors,
FFY18 Fire Management Assistance Grant Agreement Page 13 of 22 Kittitas, County of, D19-1004
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend and indemnify the
DEPARTMENT and the state of Washington and their authorized agents and employees in any
litigation; including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement. This
obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT and the state of Washington and their agents
or employees, and (2) the SUBRECIPIENT, its agents, or employees, this indemnity provision shall
be valid and enforceable only to the extent of the negligence of the SUBRECIPIENT, or
SUBRECIPIENT’s agents or employees.
Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
the federal government, the following shall apply:
44 CFR 206.9 Nonliability. The Federal Government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a Federal agency or an employee of the Federal Government in carrying out the provisions of
the Stafford Act.
A.17.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 and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify,
or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing
and signed by both parties Authorized Signature representatives. Further, only these Authorized
Signature representatives or Alternate for the SUBRECIPIENT shall have authority to sign
reimbursement requests, certification of project completion, time extension requests, requests for
changes to project status, and other requests, certifications and documents authorized by or required
under this Agreement.
A.18.LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the
DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or
part of the Agreement as a “Termination for Cause” without providing the SUBRECIPIENT an
opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under
“Amendments and Modifications” to comply with new funding limitations and conditions, although the
DEPARTMENT has no obligation to do so.
A.19.NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the SUBRECIPIENT.
A.20.NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this
Agreement.
FFY18 Fire Management Assistance Grant Agreement Page 14 of 22 Kittitas, County of, D19-1004
A.21. NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations, and shall maintain a record of this compliance.
A.22. OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its work place does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT’s
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees
to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees
assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Agreement, and by this subaward of funds does not and will not acquire any
ownership interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume
all liabilities arising from the ownership and operation of the project and agrees to hold the
DEPARTMENT and the state of Washington and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.24. POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.25. PRIVACY
Personal information collected, used or acquired in connection with this agreement shall be used
solely for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to
release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons’ personal
information without the express written consent of the DEPARTMENT or as provided by law or court
order. SUBRECIPIENT agrees to implement physical, electronic and managerial safeguards to
prevent unauthorized access to personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this Agreement. The monitoring, auditing
or investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of
placing a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold 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, names, addresses, telephone numbers, social
security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
and other identifying numbers.
A.26. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide
technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
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A.27. PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or
language used from which a connection to the DEPARTMENT’s name may, in the DEPARTMENT’s
judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising
and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT
may copyright original work it develops in the course of or under this Agreement; however, pursuant
to 2 CFR Part 200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified
for, or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement
of the DEPARTMENT and FEMA’s financial support, by CFDA number, and a statement that the
publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.28. RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Agreement
termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings
to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses
thereof, including attorney fees from the SUBRECIPIENT.
A.29. RECORDS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices,
reports, and all other electronic or written records necessary to sufficiently and properly reflect
the SUBRECIPIENT’s contracts, subawards, grant administration, and payments, including all
direct and indirect charges, and expenditures in the performance of this Agreement (the
“records”).
b. The SUBRECIPIENT’s records related to this Agreement and the projects funded may be
inspected and audited by the DEPARTMENT or its designees, by the Office of the State
Auditor, DHS, FEMA or their designees, or the Comptroller General of the United States or
their designees or by other federal or state 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 subject Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
SUBRECIPIENT’s normal working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and
the funded project(s) for a period of at least six (6) years following final payment and closure
of the grant under this Agreement. Despite the minimum federal retention requirement of three
(3) years, the more stringent State requirement of six (6) years must be followed.
A.30. RECOVERY OF FUNDS
Consistent with 44 CFR 204.62, if the SUBRECIPIENT suspects negligence by a third party caused a
condition for which fire management assistance was provided under this Agreement, the
SUBRECIPIENT is responsible for taking all reasonable steps to recover all costs attributable to the
negligence of the third party.
If an intentional act or omission caused a condition for which fire management assistance was
provided under this Agreement, the SUBRECIPIENT will cooperate in a reasonable manner with the
DEPARTMENT and the United States in efforts to recover expenditures under this Agreement from
the liable party. In the event the SUBRECIPIENT obtains recovery from a responsible party, the
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SUBRECIPIENT will pay to the DEPARTMENT all recovered funds up to the total of the federal share
of all funds received by the SUBRECIPIENT under this Agreement.
SUBRECIPIENT may prepare a request to FEMA, that will be submitted to FEMA by the
DEPARTMENT, requesting permission to retain any part of a settlement listed as a recovery of
attorneys fees and litigation costs spent to recover these grant funds. SUBRECIPIENT will be allowed
to retain such funds as permitted by FEMA.
A.31. RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project by providing
Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of
the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the SUBRECIPIENT, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and
maintenance of the project, as these phases are applicable to this project, is solely that of the
SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in
any way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable
Federal, State, and local permits and clearances are obtained, including but not limited to FEMA
compliance with the National Environmental Policy Act, the National Historic Preservation Act, the
Endangered Species Act, and all other environmental laws, regulations and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits of law or inequity which
may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall
not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or
agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost
of defense and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party
related to any design, development, construction, implementation, operation and/or maintenance of a
project.
A.32. SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition of this Agreement or its application
to any person or circumstance invalid, this invalidity does not affect other provisions, terms or
conditions of the Agreement, which can be given effect without the invalid provision. To this end, the
terms and conditions of this Agreement are declared severable.
A.33. SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit
conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
$750,000 a year in federal awards are exempt from federal audit requirements for that year, except
as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a State, local government, Indian Tribe, institution of higher education, or non-profit
organization that carries out a federal award as a recipient or subrecipient.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General
and the OMB Compliance Supplement. The SUBRECIPIENT has 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 subrecipients or contractors also maintain auditable records.
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The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that
of its subcontractors. 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 includes audit findings, the SUBRECIPIENT must send
a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9) months
after the end of the SUBRECIPIENT’s fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a completed “2 CFR Part 200 Subpart F Audit Certification Form”
(https://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms) to the
Department at the address listed above identifying this Agreement and explaining the criteria for
exemption no later than nine (9) months after the end of the Subrecipient’s fiscal year(s).
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a
material requirement of this Agreement. In the absence of a valid claim of exemption from the audit
requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT’s failure to comply with said audit
requirements may result in one or more of the following actions in the DEPARTMENT’s sole discretion:
a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR
Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards
until the audit is conducted and submitted; or termination of the federal award.
A.34. SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented
as nor claim to be an officer or employee of the DEPARTMENT by reason of this Agreement, nor will
the SUBRECIPIENT make any claim, demand, or application to or for any right or privilege applicable
to an officer or employee of the DEPARTMENT or of the state of Washington by reason hereof,
including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which would accrue to
a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and
employees are employed by the state of Washington in their own right and not by reason of this
Agreement.
A.35. TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
FFY18 Fire Management Assistance Grant Agreement Page 18 of 22 Kittitas, County of, D19-1004
A.36. TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTS’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 days written notice, beginning on the second day after mailing to the
SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right
to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT
from incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall
be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT
provided for in this section shall not be exclusive and are in addition to any other rights and remedies
provided by law.
A.37. TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to
fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial
condition so as to endanger performance hereunder, is in violation of any laws or regulations that
render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of
the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to
immediately suspend or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action
and provide a period of time in which to cure. The DEPARTMENT is not required to allow the
SUBRECIPIENT an opportunity to cure if it is not feasible as determined solely within the
DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the
SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the
DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the
DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the
DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if
allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement
or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g.,
cost of administering the competitive solicitation process, mailing, advertising and other associated
staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be
deemed to be a “Termination for Convenience”.
A.38. TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of
this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may
require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or
acquired for the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
FFY18 Fire Management Assistance Grant Agreement Page 19 of 22 Kittitas, County of, D19-1004
completed work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided which are
accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are
accepted by the DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the
liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the
SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the
SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the
DEPARTMENT against potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and
are in addition to any other rights and remedies provided by law. After receipt of a notice of
termination, and except as otherwise directed by the DEPARTMENT in writing, the
SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such
portion of the work under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the DEPARTMENT to the extent the
DEPARTMENT may require, which approval or ratification shall be final for all the purposes of
this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPATMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for the
protection and preservation of the property related to this Agreement which is in the possession
of the SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps
to assure that minority firms, women's business enterprises, and labor surplus area firms are used
when possible will take all necessary affirmative steps to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following
steps are required by the Subrecipient if any contracts with contractors or sub-contractors are entered
into under the original contract award:
a. Placing qualified small and minority businesses and women’s business enterprises on
solicitation lists;
b. Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women’s business
enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises;
e. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
FFY18 Fire Management Assistance Grant Agreement Page 20 of 22 Kittitas, County of, D19-1004
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize
the State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40. VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the
parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The
SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the
State of Washington.
A.41. 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.
FFY18 Fire Management Assistance Grant Agreement Page 21 of 22 Kittitas, County of, D19-1004
Attachment 3
PROJECT WORKSHEET SAMPLE
DEPARTMENT OF HOMELAND SECURITY O.M.B. NO. 1660-0017 FEDERAL EMERGENCY MANAGEMENT AGENCY
Expires April 30, 2013
PROJECT WORKSHEET
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by
persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the burden estimate or any aspect of the
collection, including suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required
to respond to this collection of information unless it displays a valid OMB number. NOTE: Do not send your completed questionnaire to this address.
DISASTER PROJECT NO. PA ID NO. DATE CATEGORY
FEMA - -DR-
DAMAGED FACILITY
WORK COMPLETE AS OF
: %
APPLICANT COUNTY
LOCATION LATITUDE LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre-disaster conditions at the site? YES NO
Special Considerations issues included? YES NO Hazard Mitigation proposal included? YES NO
Is there insurance coverage on this facility? YES NO
PROJECT COST
ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
TOTAL COST
PREPARED BY TITLE SIGNATURE
APPLICANT REP. TITLE SIGNATURE
FEMA Form 009-0-0-7 APRIL 2013 REPLACES PREVIOUS EDITION Form 90-91
FFY18 Fire Management Assistance Grant Agreement Page 22 of 22 Kittitas, County of, D19-1004
Attachment 4
Washington State Fire Assistance Management Grant 2018 Applicant Manual