HomeMy WebLinkAbout112315_ca07Consent
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Bob Hamlin, Department of Emergency Management
DATE: November 23, 2015
SUBJECT: Emergency Management Performance Grant (EMPG)
STATEMENT OF ISSUE: Replace previous contract with Washington State Military Department
extend the project completion date and redistribute the budget.
ANALYSIS/STRATEGIC GOALS : Jefferson County Emergency Management received an Emergency
Management Performance Grant (EMPG) to partially support staffing/personnel costs and other Emergenc!
Management activities according to the approved grant application.
FISCAL IMPACT: None. Soft match.
RECOMMENDATION: Approve.
REVIEWED BY:
`— lip Mo 1 , ouCCGn-ty Administr or
Date
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACT SNFFT
1. Subrecipient Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number:
County of Jefferson
$17,288
E16-112
Department of Emergency Management
a1 Elkins Road
Port Hadlock, WA 98339.9700
4. Subrecipient Contact, phone/email:
5. Grant Agreement Start Date:
6. Grant Agreement End
ate:
Robert W. Hamlin, (360) 344-9729
bh mlin co. effersn.wa.us
June 1, 2015
August
g st 31, 2016
7. Department Program Manager, pho.
nelemail:
8 Data Universal Numbering System (DUNS):
9. UBI # (state revenue):
Sierra Wardell, (253) 512-7121.w
sterraardell®irril.wa.aav
179278187
601-098410
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # &rifle:
EMW-2015-EP-00028S01
09/22/2015 97.042 15EMPG
14. Total Federal Amount #:
15. Program Index # & OBJ/SUB-OBJ:
16. TIN:
$7,219,265
753PT NZ 1
91-6001322
17. Service Districts:
18. Service Area by County(ies):
19. Women/Minority-Owned, Sta
(BY LEGISLATIVE DISTRICT): 24
Jefferson County
Certified?: X N/A ❑ NO
BY CONGRESSIONAL DISTR: 6
IC
❑ YES, OMWBE #
20. Agreement Classification
21. Contract Type (check all that appy):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
❑ Research/Development ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process:
23. Subrecipient Type (check all that appy)
X "To all who apply & qualify' ❑ Competitive Bidding
❑ Private OrganizatioNlndividual ❑ For -P
ft
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction ❑ Non-
rofit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO
❑ CONTRACTOR X SUBRECIPIENT ❑ OT
ER
24. PURPOSE & DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant (15EMPG) is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 15EMPG Award EMW-2015-EP-00028501, which is incorporated
in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by
iving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents S. General Terms and Conditions, and,
3. Work Plan 6. Other rovialone of the A reement incorporated by refe
nce
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Richard A. Woodruff, Contracts Administrator David Sullivan, Chairman
Washington State Military Department Board of County Commissioners
BOILERPLATE APPROVED AS TO FORM:ROV D AS TO
=ble):
Brian E. Buchholz (signature on file 9/2212015)
S
Assistant Attorney General
Applicants Legal Review tj Data
Forth 0 5/1 212 01 5
DHS-FEMA-EMPG-FFY 15 Page 1 of 28 County of Jefferson, E1012
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Agreement. Any substitution of key personnel by either party shall be made by written notification
to the current key personnel.
SUBRECIPIFNT nAll ITADV n=AMo RA=hlr
Name
Robert W. 'Bob" Hamlin
Name
ver nn i ivlciv I
Gary Stumph
Title
Director
Title
Pro ram Coordinator
E -Mail
Phone
bhamlin(cDco.iefferson.wa.us
360-344-9729
E -Mail
Phone
a .stum h mil.wa. ov
253512-7483
Name
Tanda McMillin
Name
Sierra Wardell
Title
Program Coordinator
Title
Program Manager
E -Mail
tmcmillin@9o.iefferson.wa.us
E -Mail
sierra-wardell@mil.wa.gov
Phone
360-385-9368 ext 728
Phone
253-512-7121
Name
Name
Dalton Gamboa
Title
Title
Program Assistant
E -Mail
E -Mail
dalton. amboa mil.wa.gov
Phone
Phone
253512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by DHS/FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant"
document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01,
and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment #1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of a
subrecipient or contractor in accordance with 2 CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward
to a non-federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations
applicable to pass-through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200.
DHS-FEMA-EMPG-FFY 15 Page 2 of 28 County of Jefferson, El 6-112
ii. The Subrecipient shall require its subrecipient to comply with all
applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement
and the informational documents published by DHS/FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-
00028-S01 in Attachment #1, and the federal regulations commonly
applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment #1 of this Agreement.
2. REIMBURSEMENT & BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries,
benefits, printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Grant Agreement
Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix
VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10% of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and
should consult their internal policies, state rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e. The Subrecipient will submit reimbursement requests to the Department by
submitting a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
DHS-FEMA-EMPG-FFY 15 Page 3 of 28 County of Jefferson, El 6-112
Reimbursement requests must be submitted to
Reimbursements(cDmil.wa gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
Receipts and/or backup documentation for any approved items that are
authorized under this Agreement must be maintained by the Subrecipient
consistent with record retention requirements of this Agreement and be
made available upon request by the Department, and local, state, or federal
auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be
treated as a request for Amendment of the Agreement and must be
submitted to the Department Key Personnel sufficiently in advance of the
due date to provide adequate time for Department review and
consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non-federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement (including but not limited to those reports in the
Timeline) will prohibit the Subrecipient from being reimbursed until such
complete reports and reimbursement requests are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed.
M. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace (supplant) non-
federal funds that have been budgeted for the same purpose. The
Subrecipient may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
DHS-FEMA-EMPG-FFY 15 Page 4 of 28 County of Jefferson, E16-112
3. REPORTING REQUIREMENTS
a.
The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b.
In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient will submit a final report with its final
reimbursement request to the Department detailing progress on all
activities listed in the Work Plan.
C.
In conjunction with the final report, the Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d.
The Subrecipient shall also comply with the Federal Funding Accountability
and Transparency Act (FFATA) and related OMB Guidance consistent with
Public Law 109-282 as amended by section 6202(a) of Public Law 110-252
(see 31 U.S.C. 6101 note) and complete and return to the Department the
FFATA Form located at http://mil.wa.gov/emergency-management-
division/grants/reguiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e.
The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a.
Subrecipients and any non-federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200.318 — 200.326, to include but not
limited to:
i. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non-federal entity to
which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
iii. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic
Assistance (CFDA) number; who holds the title; the acquisition date;
the cost of the equipment and the percentage of Federal
participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment
and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by
DHS-FEMA-EMPG-FFY 15 Page 5 of 28 County of Jefferson, E16-112
the physical inspection and those shown in the records shall be
investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability. The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any
loss, damage, or theft shall be investigated and a report generated
and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or when original or replacement equipment is no longer
needed for the original project or program or for other activities
currently or previously supported by a Federal agency, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non -
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment as follows:
i. Items of equipment with a current per-unit fair market
value of less than $5,000 may be retained, sold or
otherwise disposed of by the Subrecipient with no further
obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market
value of more than $5,000 may be retained or sold and
the Subrecipient shall compensate the Federal -
sponsoring agency for its share.
X. Records for equipment shall be retained by the Subrecipient for a
period of six years from the date of the disposition, replacement, or
transfer. If any litigation, claim, or audit is started before the
expiration of the six year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD's Purchase Policy contained within
the EMD Purchase Workbook version 2015.1 located at
http://m il.wa. g ov/emergen cy-management-divis ion/g rants/h omeland-
security-grants, incorporated by reference and made part of this
Agreement.
DHS-FEMA-EMPG-FFY 15 Page 6 of 28 County of Jefferson, E16-112
No reimbursement will be provided unless the appropriate approval has
been received.
C. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http://www.fema,gov/preparedness-non-disaster-o rants. The AEL
consists of 21 categories which are divided into sub -categories. It is
important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL.
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and/or DHS/FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security" when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non-federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) Program. Subrecipients are required to
comply with DHS/FEMA EHP Policy Guidance which can be found at
his://www.fema.gov/office-environ menta I -planning -and -h istoric-preservation;
FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance
at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.fema.gov/media-library/assets/documents/101537, all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients proposing projects that have the potential to impact the
environment, including, but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS/FEMA EHP review before project initiation.
DHS-FEMA-EMPG-FFY 15 Page 7 of 28 County of Jefferson, E16-112
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Subrecipient agrees that to receive any federal preparedness funding,
all EHP compliance requirements outlined in applicable guidance must be
met. The EHP review process must be completed before funds are
reimbursed. Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed..
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specked in the General Terms and
Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre -procurement review
and approval the procurement documents, such as requests for proposals,
invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non-federal entity to which
the Subrecipient makes a subaward.
SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at http://mil.wa.gov/emergency
management-division/grants/reguiredarantforms 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 allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as
outlined above, for any non-federal entity to which the Subrecipient makes
a subaward as a pass-through entity under this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 8 of 28 County of Jefferson, E16-112
e. Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin, which requires that subrecipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to
issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its
obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at
https://www. dhs.gov/g uidance-published-help-department-su pported-
organizations-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and
principles that answer how to manage emergencies from preparedness to
recovery regardless of their cause, size, location, or complexity. NIMS
provides a consistent, nationwide approach and vocabulary for multiple
agencies or jurisdictions to work together to build, sustain and deliver the
core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential Policy
Directive (PPD) -8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all -
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
at seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
DHS-FEMA-EMPG-FFY 15 Page 9 of 28 County of Jefferson, E16-112
2. A portion of the 15EMPG grant was identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their localftribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only
to perform tasks as described in the Work Plan of the Subrecipient's application
for funding, as approved by the Department and incorporated into this Agreement.
Funding may not be used to replace or supplant existing local or tribal government
funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $17,288 of non-federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered reasonable, allowable, allocable, and necessary
under the grant program and must comply with all Federal requirements and
regulations, including but not limited to 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no less than three exercises in a 12 -month
period. The Subrecipient will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No. EMW-2015-EP-00028-S01, which are incorporated and
made a part of this Agreement as Attachment #1.
DHS-FEMA-EMPG-FFY 15 Page 10 of 28 County of Jefferson,
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in
2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set
forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state
agency, any division, section, office, unit or other entity of the Department, or any
of the officers or other officials lawfully representing that Department. The
Department is a recipient of a federal award directly from a federal awarding
agency and is the pass-through entity making a subaward to a subrecipient under
this Agreement.
C. "Subrecipient" when capitalized is primarily used throughout this Agreement in
reference to the non-federal entity identified on the Face Sheet of this Agreement
that has received a subaward from the Department. However, the definition of
1.subrecipient" is the same as in 2 CFR 200.93 for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review
activities that are conducted to ensure compliance with all state and federal laws,
rules, regulations, authorities and policies.
f. "Investment" means the grant application submitted by the Subrecipient
describing the project(s) for which federal funding is sought and provided under
this this Agreement. Such grant application is hereby incorporated into this
Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Subrecipient shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or
modification of this Agreement. However, such amendment or modification shall not be
binding, take effect or be incorporated herein until made in writing and signed by the
authorized representatives of the Department and the Subrecipient. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH nIRARII ITIFR ArT lnnnN nC loon of ioi 1r I AIAi ,111� ..,
The Subrecipient must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be
in accordance with all the applicable current federal, state and local laws, rules and
regulations.
DHS-FEMA-EMPG-FFY 15 Page 11 of 28 County of Jefferson. E16-112
M
A.7
As federal funds are a basis for this
Subrecipient is not presently debarred,
ineligible, or voluntarily excluded from
department or agency.
Agreement, the Subrecipient certifies that the
suspended, proposed for debarment, declared
participating in this Agreement by any federal
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at
http //mil wa aov/emergency-management-division/grants/requiredgranfforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients or any
of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in "covered transactions" by any
federal department or agency. "Covered transactions" include procurement contracts for
goods or services awarded under a non -procurement transaction (e.g. grant or
cooperative agreement) that are expected to equal or exceed $25,000, and subawards to
subrecipients for any amount. With respect to covered transactions, the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(http://www.sam.clov) maintained by the federal government. The Subrecipient also
agrees not to enter into any arrangements or contracts with any parry on the Washington
State Department of Labor and Industries' "Debarred Contractor List"
(http://www.ln i. wa. gov/TradesLicens i ng/PrevW age/Awardi ngAgencies/Deba rredContract
orsn. 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.cles.wa.ciov/services/Contracting Purchasi ng/Business/PagesNendof
Debarment.aspx).
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Subrecipient to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
(2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Agreement, grant, loan, or cooperative
agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable,
the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
DHS-FEMA-EMPG-FFY 15 Page 12 of 28 County of Jefferson, E16-112
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of the
Subrecipient who exercises any functions or responsibilities with respect to the project
during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLF STATi ITFS RI II FC Aklr) r1FDA DTRACkrT nni irico
The Subrecipient and all its contractors and subrecipients shall comply with, and the
Department is not responsible for determining compliance with, any and all applicable
federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
policies. This obligation includes, but is not limited to: nondiscrimination laws and/or
policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW
42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement
and award of any contracts with contractors or sub -contractors that are entered
into under the original contract award. The procurement process followed shall be
in accordance with 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
DHS-FEMA-EMPG-FFY 15 Page 13 of 28 County of Jefferson,
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non -Federal entities must include a provision for compliance with the
Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non -Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of 'funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "Funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
DHS-FEMA-EMPG-FFY 15 Page 14 of 28 County of Jefferson,
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689}—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government -
wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
10) Procurement of recovered materials — As required by 2 CFR 200.322, a non -
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding agency,
the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract for the purpose of making audit,
examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
DHS-FEMA-EMPG-FFY 15 Page 15 of 28 County of Jefferson,
15) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient must ensure that its procurement process
requires contractors and subcontractors to provide adequate documentation with
sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any parry of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the
Subrecipient's responsibilities with respect to services provided under this Agreement is
prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute. A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties. The panel shall consist of a representative appointed
by the Department, a representative appointed by the Subrecipient and a third party
mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Subrecipient, its sub -contractors, subrecipients, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of (1) the Department, and (2) the
Subrecipient, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's
agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the Federal government, the
following shall apply:
DHS-FEMA-EMPG-FFY 15 Page 16 of 28 County of Jefferson,
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the Federal
government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY—
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized Signature
representative and the Authorized Signature representative of the Subrecipient or
Alternate for the Subrecipient, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Agreement. Any alteration, amendment, modification, or waiver of any clause or
condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to projects or work plans,
and other requests, certifications and documents authorized by or required under this
Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a "Termination for Cause" without providing the
Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under "Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability (physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTnN mint MTami cnr r=Tvr
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.
DHS-FEMA-EMPG-FFY 15 Page 17 of 28 County of Jefferson, E16-1
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF ROM fs nR cnMMiccinti
The assistance provided under this Agreement shall not be used in payment of any bonus
or commission for the purpose of obtaining approval of the application for such assistance
or any other approval or concurrence under this Agreement provided, however, that
reasonable fees or bona fide technical consultant, managerial, or other such services,
other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this Agreement wherein the Department's name is mentioned
or language used from which the connection of the Department's name may, in the
Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or
use such advertising and publicity matters without the prior written consent of the
Department. The Subrecipient may copyright original work it develops in the course of or
under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws, regulations, and/or the provisions of the
Agreement, the Department reserves the right to recapture funds in an amount equivalent
to the extent of noncompliance. Such right of recapture shall exist for the life of the project
following Agreement termination. Repayment by the Subrecipient of funds under this
recapture provision shall occur within 30 days of demand. In the event the Department is
required to institute legal proceedings to enforce the recapture provision, the Department
shall be entitled to its costs and expenses thereof, including attorney fees.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Subrecipienfs contracts, subawards, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be
inspected and audited by the Department or its designee, by the Office of the State
Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
DHS-FEMA-EMPG-FFY 15 Page 18 of 28 County of Jefferson,
purposes of determining compliance by the Subrecipient with the terms of this
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement
and the funded project(s) for a period of at least six (6) years following final payment
and closure of the grant under this Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed.
A.26
While the Department undertakes to assist the Subrecipient with the projecUstatement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement,
the project itself remains the sole responsibility of the Subrecipient. The Department
undertakes no responsibility to the Subrecipient, or to any third party, other than as is
expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third
parry related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws,
regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Subrecipient in connection with the project. The
Subrecipient shall not look to the Department, or to any state or federal agency, or to any
of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection
with any claim or lawsuit brought by any third party related to any design, development,
construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart
F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as found
in the Government Auditing Standards (the Revised Yellow Book) developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DHS-FEMA-EMPG-FFY 15 - Page 19 of 28 County of Jefferson, E16-112
the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR
Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or
a public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub -contractors also maintain auditable records.
The Subrecipient is responsible for any audit exceptions incurred by its own organization
or that of its sub -contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Subrecipient
must respond to Department requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-6032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine (9) months after the end of the Subrecipient's
fiscal year(s) to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or
disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and/or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever.
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient make any claim,
demand, or application to or for any right or privilege applicable to an officer or employee
of the Department or of the State of Washington by reason of this Agreement, including,
but not limited to, Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which
would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Agreement.
DHSFEMA-EMPG-FFY 15 Page 20 of 28 County of Jefferson.. E16-112
A.30 TAXES FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for,
pay and maintain in current status all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for the Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed
to fulfill in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Subrecipient an opportunity to cure if it is not feasible as determined solely within the
Department's discretion. Any time allowed for cure shall not diminish or eliminate the
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement Agreement, e.g., cost of administering the competitive solicitation
process, mailing, advertising and other associated staff time. The rights and remedies of
the Department provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipient's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
DHS-FEMA-EMPG-FFY 15 Page 21 of 28 County of Jefferson, E16 -i12
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice. Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement, the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Agreement termination, the amount agreed upon by the Subrecipient and
the Department for (i) completed work and services and/or equipment or supplies provided
for which no separate price is stated, (ii) partially completed work and services and/or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes"
clause of this Agreement. If the termination is for cause, the Department shall determine
the extent of the liability of the Department. The Department shall have no other obligation
to the Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient such sum as the Department determines to be necessary to protect the
Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specked, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of
such portion of the work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by
the Department, all of the rights, title, and interest of the Subrecipient under the orders
and contracts so terminated, in which case the Department has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and contracts, with the approval or ratification of the Department to the extent the
Department may require, which approval or ratification shall be final for all the
purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the
extent directed by the Department any property which, if the Agreement had been
completed, would have been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by
the Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
DHS-FEMA-EMPG-FFY 15 Page 22 of 28 County of Jefferson, E1
A.34
The Subrecipient is encouraged to utilize business firms that are certfied as minority-
owned and/or women -owned in carrying out the purposes of this Agreement. The
Subrecipient may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and
performance shall be governed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this Agreement shall be the Superior Court of Thurston
County, Washington. The Subrecipient, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance
by the Department in writing. The Departments failure to insist upon strict performance
of any provision of the Agreement or to exercise any right based upon a breach thereof,
or the acceptance of any performance during such breach, shall not constitute a waiver of
any right under this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 23 of 28 County of Jefferson,
C
15EMPG WORK PLAN
Emergency Management Organization: County of Jefferson
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State
does not require a specific number of activities to receive EMPG funding. However, there are required capabilities
that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to
communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focu
for this grant cycle (to include 15EMPG arant and local funds) -
Program Area B1 _ Community Preparedness
Third annual All -County Preparedness Picnic
1 Participation in All -County Picnic with educational
Milestone: booth
u Build community preparedness (THIRA Community Resilience) through organizing and facilitation of
sustain
August
monthly meeting with the Jefferson Co. Neighborhood Preparedness Workgroup (NPREP), community
Preparedness and response training to neighborhood organizers
NPREP lectures, neighborhood trainings, sponsorship and participant in the Annual All -County Emerge
icy
oPreparedness Picnic, and development, printing and distribution of educational material for the medically
2 Milestone: Collaborate and advertise with NPREP team
fragile population.
August
Emergency Management Function: Training
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Citizens and neighborhoods are engaged in emergency planning, Participation in one emergency preparedness picnic, 3
response, communication, mitigation and begin to improve their more quarterly trainings, one or more disaster simulatl
individual and the community's resilience. exercises, and one or more public education materials.
"N Interoperability and Capability Surge Capacity
> CaLCUI II unalwMd1 dgreemems wrtn auidueni Junsoicuons to proviaeTor snort term surge capacity and
sustainability of the EOC Incident Management Team in the event of depletion of emergency managers
team members.
0
Emergency Management Function: Mutual Aid
DHS-FEMA-EMPG-FFY 15 Page 24 of 28 County of Jefferson. E16-112
Third annual All -County Preparedness Picnic
1 Participation in All -County Picnic with educational
Milestone: booth
August 2015 to
sustain
August
Preparedness and response training to neighborhood organizers
enhana
2 Milestone: Collaborate and advertise with NPREP team
June 2015 to
August
H
W
Prepare and deliver 3 or more preparedness and
Milestone:
June 2015 to
August
H
_
response trainings
-
�
Citizen /neighborhood disaster simulation exercises
enhancr
V3
Milestone: Recruit one or more organized NPREP neighborhood
June 2015 to
August
Q
Milestone: Conduct one or more disaster simulation exercises
June 2015 to
August
Develop and distribute one or more public education materials
enhancE
Completion & distribution of an Emergency
4 Milestone: Preparedness for the Medically Fragile trifold
(authored and produced locally as part of a public
June 2015 to
August
"N Interoperability and Capability Surge Capacity
> CaLCUI II unalwMd1 dgreemems wrtn auidueni Junsoicuons to proviaeTor snort term surge capacity and
sustainability of the EOC Incident Management Team in the event of depletion of emergency managers
team members.
0
Emergency Management Function: Mutual Aid
DHS-FEMA-EMPG-FFY 15 Page 24 of 28 County of Jefferson. E16-112
Performance Measure(s) that will be used to evaluate the program area
r er yet pnLenaea outcome/
Interlocal agreement with each of the adjacent jurisdictions
(Kitsap, Clallam, and Mason Counties) emergency management
teams; provide for rapid action at activation levels that may not
qualify for WAMAS implementation. They also provide the basis
for interlocal training of the Incident Management Teams.
Measurement (how to tell if success has been achieved)
Formally executed agreements with Kitsap, Clallan
Mason Counties.
EOC Incident Management Team agreements will be executed as a part of a team development
process over the grant period. enhancer
W 1 Milestone: Completion of draft agreements
June 2015 to January <
F Milestone: Legal review and implementation of the agreements January 2016 to March 2
- ------
--..
Execution of agreements enhancer
Q 2 Milestone: Clallam County agreement March 2016 to March 21
Milestone: Kitsap County agreement March 2016 to March 21
Milestone: Mason County agreement March 2016 to March 21
Program Area#3 Alert and Warning
Increase the number of existing text messaging system (TSM) users (subscribers). The Jefferson Counl
TSM system augments the alert and warning system. There is limited AM/FM broadcast capabilities, <
m the TSM makes use of tertiary technology (text messaging and emails) to reach a large portion of the
p population at risk.
Emergency Management Function: Communications and Warning
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) _ Measurement (how to tell if success has been achieved)
g capability Increase the number of opt in TMs users through pu
Broaden the warning and alert ca abili to backfill for
limitations in local AM/FM broadcast capabilities. education, outreach, and incentive programs. TMS
currently reaches 10% of the population. The target
12%.
1
G
0
O
Text messaging system (TMS) provides for direct contact with the population at risk in lieu of
limited AM/FM broadcast capabilities
Milestone: Public awareness campaign June 2015
to
Program Area #4 EOC Team Development
Continued development of the EOC Incident Management Team and the City Coordination Cel
The objective of team development is professional development, program enhancement, sustl
(cross training) and whole community integration (involving a wider base of the community as
team members).
Emergency Management Function: Training
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Continued development of the EOC Incident Management Team Completion of basic NIMS requirements for all team
and the City Coordination Center Team with the establishment members and support personnel.
of a monthly training cycle
DHS-FEMA-EMPG-FFY 15 Page 25 of 28 County of Jefferson, E16-112
is
DHS-FEMA-EMPG-FFY 15 Page 26 of 28 County of Jefferson, E16-112
Monthly EOC incident management team training and professional development. enhancement
Full NIMS compliance (completion of required ICS
1 Milestone: courses based on level of responsibility as defined by December 2015 to August 2)16
NIMS guidance).
LU
Milestone: Adopt and implement NIMS in all planning, training,
—
I—
and exercises associated with team trainin lune 2015 to August 2 16
Joint training with ClaIlam County EOC Incident Management Team enhancen en t
Q
2 Milestone: Initial joint training January2016 to February016
Milestone: Quarterly meetings - January 2016 to August 2016
Develop and conduct at least one joint EOC exercise eoha a
ent
3 Milestone: Complete exercise design January 2016 to February
016
Milestone: Participate in Cascadia Rising 2016 May 2016 to June 20
6
FtogramArea #5 _ Full NIMS compliance
Development of plans and procedures for augmentation of local capabilities by outside (extra-regiona
)
> resources. Produce methods of adding essential resources through standing agreements, mutual aid,
contractual agreements, etc. Plan surge capacity. Tie resource development to NIMS
resource
p management requirements where possible.
Emergency Management Function:
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell IJsuccess has been achieved)
Completed plans and procedures for augmentation of local Completion of a Mutual Aid and Surge Capacity strate
c
capabilities by outside (extra -regional) resources plan.
Identify resource gaps and discover sources, methods of acquisition, and allocation coordination enhancem nt
W
1 Milestone: Draft Surge Plan June 2015 to March 206
H
Milestone: Complete Surge Plan March 2016 to August 20 6
� -
Inco
rporate Surge Plan into Cascadia Rising 2016 enhancem
nt
Q
2 Milestone: Include Surge Plan in Logistics Section protocols January 2016 to May 201
Implement Surge Plan as part of the exercise
Milestone:
simulation May 2016 to June 201
DHS-FEMA-EMPG-FFY 15 Page 26 of 28 County of Jefferson, E16-112
A
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE
TASK
June 1, 2015
Grant Agreement Start Date
January 30, 2016
Submit reimbursement request
April 30, 2016
Submit reimbursement request
August 31, 2016
Grant Agreement End Date
October 15, 2016
Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPGFFY 15 Page 27 of 28 County of Jefferson, E16-112
E
FFY 2016 Emergency Management Performance Grant Program
15EMPG AWARD $ 17,288.00
SOLUTION
• The Subrecipient will provide a match of at least $17,288, 50% of the total project cost (local/tribal budget plus
award), of non-federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 753PT — EMPG
DHS-FEMA-EMPG-FFY 15 Page 28 of 28 County of Jefferson, E16-112
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Attachment 1
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 98430
Re: Grant No. EMW-2015-EP-00028
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2015 Emergency Management Performance Grants has been approved in the amount of $7,219,265.00 .
As a condition of this award, you are required to contribute a cost match in the amount of $7,219,265.00 of non -Federal funds,
or 50 percent of the total approved project costs of $14,438,530.00 .
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
. Agreement Articles (attached to this Award Letter)
. Obligating Document (attached to this Award Letter)
. FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go on-line to the NO Grants system at https://portal.fema.gov. After logging in, you will see a subtitle Grants
Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records.
Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form. The information on
the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the forth in Section IF 'Other."
The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor
Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial
institution. Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn: Vendor Maintenance
P.O. Box 9001
Winchester, VA 22604
Secured Fax: (540) 504-2625
Email: FEMA-Finance@FEMA.DHS.gov
System for Award Management (SAM): Please ensure that your organization's name, address, DUNS number, EIN, and
banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all
FEMA awards. The System for Award Management is located at http://www.sam.gov. Future payments will be
the information provided in the SAM, therefore it is imperative that the information is correct.
If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646.
J0 4, L..
1 i
� I
JEFFREY JAMES, Acting Division Director, FEMA Region
on
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations
Subrecipient Name (Agency, Local Government, ororganlzation): Jefferson Co. Dept. of Emergency Management
I Authorized Chief Financial Officer (central accounting office): I I
Address:
Email: Phone #: I I
Purpose: As a pass-through entity of federal grant funds, the Washington Military Department/Emergency Management Division (Depart
is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purpose
verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F
Requirements. Your entity is a subrecipient subject to such monitoring by MIUEMD because it is a non-federal entity that expends federal
funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be con
when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall I lave
a single or program -specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, ate,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is dosed. Failure to return this
completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of sts,
and suspension or termination of federal awards.
SECTION A: Entities NOT sub'ect to the audit requirements of 2 CFR Part 200 Subpart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply):
9 We did not expend $750,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in
which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and st
ite
agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation
to
ensure proper stewardship of federal funds.
SECTION S • Entities that ARE subject to the audit requirements of 2 CFR Part 200 Suboart F
(Complete the information below and check the appropriate box
❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] TI
ere
were no findings related to federal awards from WMDIEMD. No follow-up action is required by WMD/EMD as the pass-through en
ity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is
either provided electronically to contracts.office0mil.wa.gov or provide the state auditor report number.
❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date]
ere
were findings related to federal awards.
A complete copy of the audit report, which Includes exceptions, corrective action plan and management response, is elth
ir
provided electronically to contracts.officeCtDmll.wa.gov, or provide the state auditor report number:
❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending
tenter date]. We will provide electronic copy of the audit report to contracts.office0mil.wa.gov at that time or
provide the state auditor report number.
1 hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.
Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award
funds from the Department until the grant agreement is closed. i
Signature of Authorized Chief Financial Officer:
Print Name & Title: R w. Hamiln, DEM
Date:
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
Jefferson County Department of Emergency Management
ADDRESS
Applicable Procurement
WA Uniform Business
Federal Employer Tax
81 Elkins Road.
or Solicitation #, if any:
Identifier (USI)
Identification #:
Port Hadlock, WA 98339
This certification Is submitted as part of arequest to contract
Instructions For Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign anis
abide by the terms of this certification, without modification, in order to participate in certain transactions directly r
indirectiv Involvina federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set ol it
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when th
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
erroneous certification. in addition to other remedies available to the Federal Government the department or ager
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification w
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, persoili,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declaredineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which th s
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title d
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntari
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide It
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requir
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
render in good faith the certification required by this clause. The knowledge and information of a participant is n A
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transacts
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicab
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated m y
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower TIM
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor i
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclud
from participation in this transaction by any Federal department or agency. Where the prospective lower tir
participant is unable to certify to any of the statements in this certification, such prospective participant sh II
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title: R^ Hamlin, Director, DEM Program Manager
Form W=9 I Request for Taxpayer
(Rev. December 2014)
Identification Number and Certification
alRof the Treasury Trea
Department
Internal Revenue Service
your
Z business nametalsiegardi entity name, if different from above
c 3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
w ❑ IndividueVsole propnetor Or El Corporation ❑ S Corporation [IPartnership ❑ Trustlestate
c single -member LLC
u ❑ Limited liability company. Enter the tax classification corporation, ►
ation (C=C cooration, S=S corporation, P -partnership)
p Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
c the tax classification of the single -member owner.
- c
p` p ❑Other (see instructions) ►
S6 Address (number, street and apt. or suite no.) Requester's name
6 City, state, and ZIP code
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For Individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
penalties of perjury, I certify that:
Give Form to the
requester. Do not
send to the IRS.
4 Exemptions (codes spot
certain entities, not indNldi
instructions on page 3):
Exempt payee code (ti any)
Exemption from FATCA ret
code (if any)
(/ipn/bf to xmunhm•NUu,M poly
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b)1 have not been notified by the Internal Rave
Service
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notfied me that 1 am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification Instructions. You must cross out item 2 above if you have bean notified by the IRS that you are currently subject to backup wkhhe
because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA),
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See I
instructions on pace 3.
gaff Signature of
Here I U.S. person ► Dees ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release k) is at www.1rs.gov1Av9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number ISSN), Individual taxpayer Identification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
Identification number (FIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, " following:
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
• Form 1099-S (proceeds from real estate transactions)
• Forth 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student ban Interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN.
Ir you do not refum Form W-9 to the requester with a TIN, you might be sub,
to backup withholding. See Whet is backup withholding? on page 2.
By signing the filled -out forth, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a numl
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding it you are a U.S. exempt payer
applicable, you are also certifying that as a U.S. person, your allocable share e
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, an
4. Certify that FATCA code(s) entered on this forth Of any) indicating that yoi
exempt from the FATCA reporting, is correct. See Whet is FATCA reporting? c
page 2 for further Information.
Cat. No. 10231 X Form W-9 (Rev.
FFATA FORM
Subreci plant Agency: Jefferson Countv Department of Emeraencv Management
Grant and Year: EMPG IFFY 15
Agreement Number: E16-122
Completed
by: R.W. (Bob) Hamlin
DEM
Program Manager
-
360 385-9368
Name
Title
Telephone
Date Completed:
STEP 1
Is your grant agreement less than $25,000?
YES
wi
STOP, no further
analysis needed,
GO to Step 6
NO
❑
GO to Step 2
STEP 2
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
YES
❑
GO to STEP 3
NO
❑
STOP, no further
analysis needed, GO to
Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal funding?
YES
❑
GO to STEP 4a
NO
STOP, no further
analysis needed, GO to
Step 6
STEP 4
Does the public have access to information about
the total compensation' of senior executives in❑
your organization?
YES
STOP, no further
analysis needed,
GO to step 6
NO
❑
GO to STEP 5
STEP 5
-,
Name:
Executive #1
Total Compensation amount: $
Name:
Executive #2
Total Compensation amount: $
Name:
Executive #3
Total Compensation amount: $
Name:
Executive #4
Total Compensation amount: $
Name:
Executive #5
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria that is
organization: For Example "Our organization received less than $25.000."
not met for your
Signature:
Date:
"Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
htto://www.whitehouse.gov/omb/open
http7l/www.hrsa-coy/grants/ffata.html
htto://www. apo.gov/fdsyslpkg/FR-2010-09-14/pdf/2010-22705. pdf
http://www.grants.gov/
Page 1 of 3
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before com leting this form.
NAME OF ORGANIZATION
DATE SUBMITTED
Jefferson County Dept. of Emergency Management
PROJECT DESCRIPTION
CONTRACT NUMBER
Emergency Management Preformance Grant (EMPG)
EMPG FFY15 E16-122
1. AUTHORIZING AUTHORITY
SIGNATURE
PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
David Sullivan
Chairman, BOCC
Robert Hamlin
David Sullivan
Chairman, BOCC
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE
PRINT OR TYPE NAME
TITLE
Philip Morley
County Commissioner
Robert Hamlin
David Sullivan
Chairman, BOCC
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE
PRINT OR TYPE NAME
TITLE
Philip Morley
County Commissioner
Robert Hamlin
DEM Program Director
6NAC-1 WOLI\HOME\KARENB\.... MMSIGNAUTH Revised 3103