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Home My WebLink AboutWashington State Military Department for Emergency Management - 121916T-1.1 Washington State Military Department HOMELAND SECURITY GRAMT A011MO u MUT Cerra CUCCT 1. Subrecipient Name and Address: 2. Grant Agreement Amount 3. Grant Agreement Number. Jefferson, County of Department of Emergency Management :18,000 E17400 81 Elkins Road Port Hadlo WA 88338.8700 4. Subrecipient Contact, phone/small: n5. `.r�7SKra Grant Agreement Start Date: 6. Grant Agreement End Date: �0lune 1, 2016 August 31, 2017 7. Department Contact, phone/emall: rbc. Gary Stumph, (253) 512-7483 Data Universal Numbering System (DUNS): 9. UBI # (state revenue): aarv,stumDh91mII.wa.aov 178278187 801-088-110 10. Funding Authority: Washington Stab Mflitary 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) # & Title: EMW 2016 -EP -00002801 08/10/2016 87.042 16EMPG 14. Total Federal Amount # $7,254,374 15. Program Index # &OBJ/SIB-OBJ: I 16. TIN: 91.8001322 MPT NZ 814IM322 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 24 Jefbreon County CeNled?: X N/A 13 NO (BY CONGRESSIONAL DISTRICT): a My ❑ YES OMWBE # 20. Agreement Classification 21. Contract Type (check a8 that appy): ❑ Personal Services ❑ Client Services X PublidLocal Gov't ❑ Contract X Grant X Agreement ❑ ReseaTh/Develo meat ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subreciplent Selection Process: 23. Subreciplent Type (check all that appy) X ?o all who apply & qualify" ❑ Competitive Bidding ❑ Private Orgenizatonllndividual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ WA X Public Organization/Jurisdiction ❑ Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE & DESCRIPTION: The purpose of tie FY 2016 Emergency Management Performance Grant (16EMPG) Is to provide U.S. Department of Homeland Security (DHS)IFederal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustsinment and enhancement of those programs as described in the Work Pian. The Department is the Recipient and Pass-through Entity of the 16EMPG Award EMW-2016-EP-00002-801, which is incorporated In and attached hereto as Attechmerrt #1, and has made a subaward of Federal award funds to the Subreciplent pursuant to this Agreement The Subrecipler t Is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matchina funds. IN WITNESS WHEREOF, the Department and Subredplent acknowledge and accept the terns 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 data below. This Agreement Face Sheet, Special Terns & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and Incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency In this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order. 1. Applicable Federal and Stab Statutes and Regulations 4. Special Terms and Conditions Z DHSIFEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan 6. Other provisions of the Agreement Incorporated by reference WHEREAS, the partles hereto h execu s /�reerrye sy and year last specified below. FOR THE DE TMENT: c-"" �/ FOR THE SUBRECIPI NT: &,1 1 a-1 R. jr) l� Signature Dab Signature Date Richard A. Woodruff, Contracts Officer j syujVep VOA leen KjBr Washington Stab Military Department Chairman, Board of County Commissioners APPROVED AS TO FORM: Signature on File (9/68016) APPO �O F� M (if applicable): Brian E. Buchholz, Assistant Attorney General 1 fr/2t�fJl� ate Form 1212015 MLL DHS-FEMA-EMPG-FFY 16 Page 1 of 34 Jefferson, County of, E17-100 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. SUBRECIPIENT MILITARY DE Name Robert W. "Bob" Hamli Name Gary Stum h PARTMENT Title Director E -Mail bha o.' fferson.wa.us Phone 729 Title E -Mail Phone Prourarn Coordinator a m h mil.wa. ov 263.612-7483 Name fbgyj7 Name Sierra Wardell Title_ } Title Section Supervisor E -Mail Phone - E -Mail Phone sierra -warden il.w . ov 263-512-7121 Name Name Dalton Gamboa Title Title Prooram Assistant E -Mail Phone E -Mail Phone dalio—n-gamboa mil.wa. ov 263-612-7044 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 16EMPG Program, including, but not limited to, all criteria, restrictions and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMW-2016-EP- 00002-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 S CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 16EMPG funds received under this Agreement casts the party receiving the funds 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 subreciplent: 1. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 16EMPG funds, including but not limited to those contained in 2 CFR 200. DHS-FEMA-EMPG-FFY 16 Page 2 of 34 Jefferson, County of, E17-100 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 16EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMW- 2016-EP-00002-801 in Attachment #1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 16EMPG federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment #1 of this Agreement. 2. REIMBURSEMENT S BUDGET REQUIREMENTS a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved Indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the indirect cost rate percentage identified in the Budget (Exhibit E). If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at htgp://www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to ReimbursementsQrnil.wa.aov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. DHS-FEMA-EMPG-FFY 16 Page 3 of 34 Jefferson, County of, E17-100 Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. I. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not In compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non- federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING REQUIREMENTS a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan activities in the format provided by the Department. b. In conjunction with the next annual grant cycle application process, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. If a Subrecipient DHS-FEMA-EMPG-FFY 16 Page 4 of 34 Jefferson, County of, E17-100 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 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 htta://mil.wa.aov/emergency-management division/grants/reauiredarantforms, 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 AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include but not limited to: 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. Inventory system records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number, the funding source for the equipment, including the Federal Award Identification Number (FAIN); Catalog of Federal Domestic Assistance (CFDA) number, who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. Iv. The Subrecipient shall take a physical Inventory of the equipment, and supplies as applicable, and reconcile the results with the properly records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be Investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. DHS-FEMA-EMPG-FFY 16 Page 5 of 34 Jefferson, County of, E17-100 v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. A. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. ix. If upon termination or at the Grant Agreement End Date, there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value which will not be needed for any other Federal award, or when original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency or award, the Subrecipient must comply with the following procedures: A. Supplies: The Subrecipient may retain the supplies for use on other non -Federal related activities or sell them, but must compensate the Federal sponsoring agency for its share. B. Equipment: The Subrecipient must dispose of equipment as follows: 1. 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 Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.Qov/authorized-equipment-list. 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 DHS-FEMA-EMPG-FFY 16 Page 6 of 34 Jefferson, County of, E17-100 be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using Federal award funds. e. Equipment purchased with DHS federal award funds is to be marked with "Purchased with funds provided by the U.S. Department of Homeland Security" when practicable. As a subrecipient of federal funds, the Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient becomes a pass through entity by making a subaward of federal award funds under this Agreement. b. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.Qov/office-environmental-planning-and-historic- preservation; FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance at http://www.fema.aov/media-library/assets/documents/85376; and FP 108.24.4 Environmental Planning and Historical Preservation Policy at https://www.fema.uov/media-library/assets/documents/101537, all of which are incorporated in and made a part of this Agreement. a. Projects that have historical impacts or the potential to impact the environment, including, but not limited to construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive Improvements such as attaching monitors to walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. C. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. DHS-FEMA-EMPG-FFY 16 Page 7 of 34 Jefferson, County of, E17-100 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.10. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subreciplent will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subreciplent makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subreciplent from award to closeout. The goal of the Departments 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 Subreciplent shall complete and return to the Department the 2 CFR Part 200 Subpart F Audit Certification Form located at hits://mil.wa.gov/emergency-manauement- division/grants/regyiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: 1. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, e-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subreciplent is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subreciplent makes a subaward as a pass-through entity under this Agreement. 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 (CML RIGHTS ACT OF 1964 TITLE VI) a. The Subreciplent 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 DHS -FEMA EMPG-FFY 16 Page 8 of 34 Jefferson, County of, E17-100 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 omarnzanons-provide-meamngtul-access-people-limited and additional resources on http://www.feo.aov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD) -8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2016 federal preparedness funding, to include EMPG, NIMS compliance requirements for 2016 must be met. 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). 2. A portion of the 16EMPG grant was identified by the state to be passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities under WAC 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by 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. DHS-FEMA-EMPG-FFY 18 Page 9 of 34 Jefremon, County of, E17-100 4. The Subrecipient shall provide a fifty percent match of $18,000 of non-federal origin. To meet matching requirements, the Subrecipient cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the requirements of the 16EMPG Program. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. participate in no less than three exercises in a 12 -month period. The Subrecipient will report exercise participation along with the final report. b. complete the following training requirements and record proof of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipient of 16EMPG Program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No. EMW-2016-EP-00002-S01, which are Incorporated and made a part of this Agreement as Attachment #1. DHS-FEMA-EMPG-FFY 16 Page 10 of 34 Jefferson, County of, E17-100 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 "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 DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared DHS-FEMA-EMPG-FFY 16 Page 11 of 34 Jefferson, County of, E17-100 Ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-division/grants/reouiredurantforms. 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 subreciplents or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (http://www. ini.wa.g ovlrradesLicensing/PrevWage/AwardingAgencies/DebarredContract oro. The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www.des.wa.g ov/services/Contracting Purchasing/Busi neWPagesNendor- Debarment. aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or DHS -FEMA EMPG-FFY 16 Page 12 of 34 Jefferson, County of, E17-100 indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subreciplants 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 94163, 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 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 DHS-FEMA-EMPG-FFY 16 Page 13 of 34 Jefferson, County of, E17-100 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-ICGckbaW 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. 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). DHS-FEMA-EMPG-FFY 18 Page 14 of 34 Jefferson, County of, E17-100 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 parses 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. 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. DHS-FEMA-EMPG-FFY 16 Page 15 of 34 Jefferson, County of, E17-100 C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information conceming the Department for any purpose not directly connected with the administration of the Departments 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 Govemment 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 Subrecipienrs 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: 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 govemment in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or DHS-FEMA-EMPG-FFY 16 Page 16 of 34 Jefferson, County of, E17-100 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 Altemate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause° without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHAWSHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.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. DHS-FEMA-EMPG-FFY 16 Page 17 of 34 Jefferson, County of, E17-100 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. in the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subreciplent's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subreciplent'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. DHS-FEMA-EMPG-FFY 16 Page 18 of 34 Jefferson, County of, E17-100 A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing Federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any 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 thins 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 SINGLE AUDIT ACT REQUIREMENTS fincludina all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any 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. DHS-FEMA-EMPG-FFY 16 Page 19 of 34 Jefferson, County of, E17-100 After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subreciplent must send a letter identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to the address listed above. The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The 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 Subreciplent is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subreciplent 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 Subreciplent 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 Subreciplent. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further DHS-FEMA-EMPG-FFY 16 Page 20 of 34 Jefferson, County of, E17-100 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". 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 (t) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ti) 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. DHS-FEMA-EMPG-FFY 16 Page 21 of 34 Jef6erson, County of, E17-100 Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be fumished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority- owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FFY 16 Page 22 of 34 Jefferson, County of, E17-100 Exhibit C I SEMPG WORK PLAN WSQW fiAan+raarrrent Organization County of Jefferson Department of Emergency Management (DEM) The purpose of EMPG Is to waist with the enhancement, sustainment and Improvement of state, local, and tribal emergency management programa, Activities conducted ming EMPG funding should Mate directly to the five elements of emergency me "ne..: prevention, protection, response, recovery, and mitigatioes n. Washington State donot require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be conducted in orderto remain eligiblefor EMPG funding, Including but not limited to the abllityto communicate and warn, educate the public, train and exercise, pion, and be NIMS compliant. The Work Plan delineates the Emergency Management Orgenization's emergency management program planning and priority focus for this grant cycle (to include 16EMPG grant and local funds). Program Area g1 Community Preparedness - Build community preparedness (THIRA Community Resilience) through organizing and facilitation of monthly meeting with theJaflm n Co. Neighborhood Preparedness Wotkgroup (NPREP), community NPREP lectures, neighborhood training% sponsorship and participant In the Annual All -Co. Emergency Preparedness Picnic, and development, printed and distribution of educational material for the medically fragile PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK to and advertise with N PREP team to Existing organized neighborhoods require ongoing Training will engage neighborhood leaden in the roe (3) or mora preparedness and education and training Nims to keep Individuals topica of emergency planning, response, training. and neighborhoods motivated to stay prepared communication, and mitigation and will improve for emergencies. individual, neighborhood and the whole community's resilience. These neighborhoods will be better able to manage and adapt through an Initial disaster response to recovery. Participate In All -County Picnic with educational booth to promote Individual and neighborhood Preparedness. DEM wig educate through one-on- one preparedness discusskxa and distribute print 2 material the need for Individual and neighborhood Preparedness, Including Map Your Neighborhood Program (MYN), Citizen Emergency Response Teem (CERT) and mora. Facilitate one or more citizen/neighborhood disaster simulation exercises to learn radio skills and provide credible timely reporting of disaster situational awareness. 3 Jefferson County Is geographically Isolated with potential for catastrophic disasters. AttheAll- County Picnic, OEM reaches over 900 Individuals In s oneeley event each having various levels of individual preparedness with no or limited neighborhood organization. The 2015 All -County Picnic signed up 30 new neighborhoods, 2016 numbers are pending. In a disaster, first respondent will not be able to meat the demand for services or provide Dlacuerlons will promote Individual preparedness and neighborhood organization in coopom an with county-vride NPREP workgroup. Exerclse(s) will provide one or more new neighborhoods with radkrtrainkrg to become situational awareness to our vest county. Training creditable reporters in a dhuster and EMO gobs citizens to observe and communicate within their crkksl timasereithre situational awareness. neighborhoods with family service radios (wslkkt- talkies), collect and log key neighborhood situational awareness, prioritize It, and use HAM radios to report the Information to the EMO, provides EMO with credible, timely situational awareness where first responders are unavailable. Program Ane M2 InteroperabBity and Capebafty Surae Capacity - Implement the interktcal agressmutb with adjacentjurhdktions to provide for short term surge capacity and sustainobllity of the EOC Incident Management: Team In the event of depletion of organic emergency management team members. These agreements provide for rapid action at activation levels that may not qualify for WAMAS Implementation. They also provide the basis for Interlocal WORK PLANNED WHY THE WORK 5 BEING DONE RESULT OF THE WORK Use the Csscadis rising Exercise (CRX) After Action CRX demonstrated there are a limited number of Interoperability with adjacent jurisdictions will: Report (AM) as guldance for further development trained emergency management personnel in - Increase surge capacity of Region 2 Interoperability by Identifying northwest Region 2. During an activation, the -Allow craw training opportunities commonalities and developing procedures and ability to share personnel between Region 2 -Standardize procedures training for mutual assistance. Interlocal Jurisdictions would augmentthe worlr - Effectively shared resources fora available for response. DHS-FEMA-EMPG-FFY 16 Page 23 of 34 Jefferson, County of, E17-100 Program Ama #S Alert and warning - Increase the number of existing text messaging system (TMS) users (subscribers). The Jefferson County TMS system augments the alertand waming system. There is limited AM/FM broadcast capabilities, and the TMS makes use of tertiary technology (text massaging and smalls) to reach a large portion of the population at risk Ion the warning and alert capability to III for limitations in local AM/FM broadcast Altlas. Increase the number of opt in TM5 through public eduation. outreach, and five programs. DONE TMS currently reaches 15% of the populatbn. WORK Increase the number of opt In TMS users through public education, oubanch, and Incentive programs. The target goal is 20% of the population. Program Area g4 Expand EOC Team Devdopmurt - Continued development of the EOC Incident Management Team and the City Coordination Center Tam. The objective of team development Is professional development, program enhancement, sustainablllty (cross training) and whole community Integration (Involving a wider ban of the community as volunteer team members). WORK PLANNED 1-1-1 ."--." WHYTHE WORK IS BEING DONE RESULT OFTHE WORK "y ... Pursue an aggressive follow-up to the CRX lessons CRX Identified a need to develop and conduct Cartinual recruitment and treblrya for teamed; focus on Identified action Item, develop training to further enhance teem depth or a comprehensive EOC team development will 1 and conduct training to support recommended "reserve" tem establish tam depth by identifying and training a Improvements "reserve" tem. of the existing Emergency The CRX AAR identified problems with space Efficient re -alignment of the EOC team span Illaccinfiguratlon 2 Operations Center utilization and allocation In the EOC. usage will enhance EOC coardination Upgrade alternate Emergency Operation Center Alternate EWs configuration Is not optimal for r Improved EOC configuration will: (EOC) sustained emergency operations 1. Align with the primary EOC layout for efficiency 2. Mala better use of space by installing 3 additional phone lines and computer terminal ports 3. Batter match Improvements determined In CRX Progrern Ama#S FUN NUM compliance - Based on CRX, modify and enhance plans and procedures for augmentation of local capabilities by outside (mrtra-regional) resources. Amend methods of adding essential resources through standing agreements, mutual aid, contractual agreements, aft. Plan surge capacity. Tic resource development to NIMS resource management requirements where possible. WORK PLANNED WHY THE WORKS BEING DONE RESULT OF THE WORK Use lessons learned from CRX to restructure CRX demonstrated a need to Improve our Changing from Jefferson County specific resource emergency operations coordination policies and resource ordering systems. ordering system to ICS Form 213 RR will improve 1 procedures to align with NIMS methodology. NIMS compliance and resource acquisition efficiency. DHS-FEMA-EMPG-FFY 16 Page 24 of 34 Jefferson, County of, E17-100 Exhibit D TIMELINE IFFY 2016 Emergency Management Performance Grant Program DATE TASK June 1, 2016 Grant Agreement Start Date January 30, 2017 Submit reimbursement request April 30, 2017 Submit reimbursement request October 15, 2017 Submit final reimbursement request, additional reports, and/or deliverables. DHS-FEMA-EMPGFFY 16 Page 25 of 34 Jefferson, County of, E17-100 BUDGET Exhibit E FFY 2016 Emergency Management Performance Grant Program 16EMPG GRANT AWARD AMOUNT $ 18,000 SOLUTION AREA CATEGORY Award AMOUNT Match AMOUNT Z Salaries & Benefits Overtime/Backfill$ $ 18,000 _ $ 103,54 $ _ Z Consultants/Contractors $ _ $ . Z Goods & Services $ _ $ _ rs Travel/Per Diem S - I S _ • The Subrecipient will provide a match of at least $18,000, 50% of the total project cost (local/tribal budget plus EMPG award), of non-federal origin. • Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 763PT — EMPG DHS-FEMA-EMPG-FFY 16 Page 26 of 34 9 Jefferson, County of, E17-100 Salaries & Benefits $ _ $ _ F Overtime/Backfill $ _ $ _ ndt Consultants/Contractors $ _ $ . Goods & Services $ $ _ OTravel/Per Diem $ $ _ Subtotal $ _ $ _ Salaries & Benefits $ _ $ _ H Overtime/Backfill $ $ _ Consultants Contractors $ _ $ _ Goods & Services $ _ $ _ Travel/Per Diem $ $ _ Subtotal $ - $ _ Salaries & Benefits $ _ $ _ w Overtime/Backfill $ _ $ _ ZConsultants/Contractors $ $ _ Goods & Services $ _ $ _ Travel/Per Diem $ _ $ _ Subtotal $ - $ _ Equipment $ _ $ _ Subtotal $ - $ - Salaries & Benefits $ _ $ _ Overtime/Backfill $ _ $ _ Consultants/Contractors $ _ $ _ Goods & Services $ _ $ _ Travel Per Diem _ $ _ Subtotal $ - $ _ Indirect 0.00% s- _ TOTAL Grant Agreement AMOUNT. $ 18,000 $ 103,54$ • The Subrecipient will provide a match of at least $18,000, 50% of the total project cost (local/tribal budget plus EMPG award), of non-federal origin. • Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 763PT — EMPG DHS-FEMA-EMPG-FFY 16 Page 26 of 34 9 Jefferson, County of, E17-100 ATTACHMENT #1 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Bret Daugherty Washington Military Departrnent Building 20 Camp Murray, WA 98430 - 5122 Re: Grand No.EMS-2016-EP-00002 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your applkation for finandal assistance submitted under the Fiscal Year (FY) 2016 Emergency Management Performance Graft has been approved In the amount of $7,254,374.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,254,374.00 of non -Federal funds, or 50 percent of the total approved project costs of $14,508,748.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated Into the terms of your award: • Agreernent Articles (attached to this Award tetter) • Obligating Document (attached to this Award Letter) • FY 2016 Emergency Management Performance Grants Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official the for this award. In order to establish acceptance of the award and its terms, please follow, these instructions: Step 1: Please tog in to the NO Grants system at hftpsY/portal.forra.gov. Step 2: After logging in, you will we the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then dick the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package loon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date In SAM, In particular, your organizations name, address, DUNS number, EIN and banking g Information. Please ensure that the DUNS number used In SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided In the SAM; therefore, it is imperative that the Informatioon Is correct. The System for Award Management is located at t]iJp1L wwwwww. m•00y If you have any questions or have updated your information in SAM, please let your Grants Managementnlist (GMS) know as soon as possible. This will help use to make the necessary updates and avoid any interruptions in payment process. CHRISTINE JONIENTZ TRISLER DHS-FEMA-EMPG-FFY 18 Page 27 of 34 Jefferson, County of, E17-100 Allreemera Artides Thu Oct 0100:00:00 GMT 2015 ATTACHMENT #1 U.S. Department of Homeland Security Washington, D.C. 20472 AGPJBR ANT ARTICLES Emergency Nknt Perforrnartce Grants GRANTEE. Washington Military Department PROGRAM. Emergency Management Performance Grants AGREEN6NT NUMBER: EMS-2016-EP=00002501 TABLE OF CONTENTS Article I Use of DHS Seel, Logo and Flags Article 11 USA Patriot Act of 2001 Article III Universal Identifier and System of Award Management (SAM) Article IV Reporting of Matters Related to Recipient Integrity and Performance Article V Rehabilitation Act of 1973 Article VI Traflioldrg Victims Protection Act of 2000 Article VII Terrorist Finanoirg Article VIII SAFECOM Article q( Reporting Subawards and Executive Compensation Article X Procurement or Recovered Materials Article XI Patents and Intellectual Property Rights Article XII Notice of Funding Opportunity Requiremeft Article XIII Non -supplanting Requirement Article XIV Lobbying Prohibitions Article XV Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XVI Hotel and Motel Fire Safety Act of 1990 Article XVII Fly America Act of 1974 Article XVIII Best Practices for Collection and Use of Personally Identifiable Information (PII) Article XIX Americans with Disabilities Act of 1990 Article XX Age Discrimination Act of 1975 DHS-FEMA-EMPG-FFY 16 Page 28 of 34 Jefferson, County of, E17-100 Article XXI Article XAV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXI i Artide XXXIII Article XXXIV Article XXXV =-+ � T. . Article XXXVI II Article 1- Use of DHS Seal, Logo and Flaps ATTACHMENT #1 Activities Conducted Abroad Acknowledgment of Federal Funding from DHS Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status False Claims Act and Program Freud Civil Remedies Energy Poky and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Duplication of Benefits Drug -Free Worlrplace Regulations Debarment and Suspension Copyright Civil Rights Act of 1968 Civil Rights Ad of 1964 - Title VI DHS Specific Aduwwledgemerrts and Assurances Assursnces, Administrable Requirements, Coat Principles, and Audit Requirements Whistleblower Protection Act National Environmental Policy Ad Nondisoriminatlon in Matters Pertaining to Faith -based Organizations All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, create or reproductions of flags or likenesses of Coast Guard officials. Article 11- USA Patriot Act of 2001 All redpients must comply with requirements of the Slily aril 2MM0Ottle0llll7 Amarica byplgyOhp Aonraodit Tools Rewired to lrtaromt and Obstnmt Terrorism Act (USA PATRIOT Act1. which emery 18 U.S.C. sectional 75 175c Artide III - Universal Idendfler and System of Award Manager ant f)SiUTA) All recipients are required to comply with the requirements set forth in the goverment -wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Anoenducc A the full tent of which Is incorporated here by reference in the terms and conditions of your award. Article IV - Reporting of Illlattsrs Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period or time during the period of performance of this Federal award, you must comply with the requirements set forth in the goverment wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C. F R, Part 2W. AMndix Allthe full tent of which is incorporated here by reference in the terms and conditions of your award. Article V - RehaMiltadon Act of 1973 DHS-FEMA-EMPG-FFY 16 Page 29 of 34 Jefferson, County of, E17-100 ATTACHMENT #1 All recipients must comply with the requirements of Section SM of the RatmWNstion Actof 1973,29 U.,5.C. section 794 as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation In, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article VI - Traf icidng Matins Protection Act of 2000 All recipients must comply with the requirerularrts of the government -wide award term which Irmplemerta Section 106(8) of the Tralicldng Vidbns Protection Act cf 2000, (TVPA) as amended (22 U.S.C. section 71041. The award term is located at 2 CFR miction I N.15, the full text of which is Incorporated here by refierence In the terms and conditions of your award. Article VII - Terrorist Financing All recipients must comply with F.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, Individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Article VII - SAFECOM All recpients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOIV Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article IX - Reporting Subawards and Executive Compensation All recipients are required to comply with the requirements act forth in the government -wide Award Tern on Reporting Subawards and Executive Compensation located at 2 C. F R Lart 170. ApWdix A. the full text of which is incorporated here by reverence in the terms and conditions of your award. Article X - Procurement of Recovered Materials All recipients must comply with Section 6002 of the Soled 1Nashe Q*QW &t as amended by the Bimct, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F. R. Fart 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XI - Patents and Intellectual Property Rights Unless otherwise provided by law, recipierts are subject to the fth-Dole Art. Pub t_ Ug &_517 as amended, and codified In 35 U.S.C. agdon 200 at seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to Inventions and pateruts resulting from financial assistance awards located at 37 C.F. R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Artide XI - Notice of Funding Opportunity Requlra.nim All of the instructions, guidance, limitations, and other conditions act forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award All recipients must comply with any such requirements set forth in the program NOFO. Article XII - Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplard) funds that have been budgeted for the same purpose through rte -Federal sources. Article X1V- Lobbying Prohibitions All recipients must comply with 31 U.S.Q. section 1342 which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal. Article XV - L.irrAsd English Proficiency (Civil Rights Act of 1964, Title VQ DHS-FEMA-EMPG-FFY 16 Page 30 of 34 Jefferson, County of, E17-100 ATTACHMENT #1 All recipients must comply with the Tide V/ of the ChM RVO Act of 1%4 (Title VI) prohibition against discrimination on the basis of national origin, which requires that redpients of federal finenoial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEI) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hft;ew.dhs jad guklenge- rtment-sumorled or�rdzatia �-'� A., , resources on b1�R1(yyw,leo.00v. `'-iOi�i and additional Article XVI - Hotel and Motel Fire Safety Act of 1 esti In accordance with Section 6 of the Mcdat and Model Fire Safety Act of 1990, 1 s 11.5_^G. 1e99on 2225a all n3dplerrls must ensure to all conference, meeting, convention, or training specs funded in whole or M part with Federal funds complies with fire prevention and control guidelines of the federal Fire PravenMan and Cord Act of 1974, as amended, 15 U. �, the section 22Z. Article XVII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carers: (air carriers holding certificates under 49 u, s"C. section 41102) for international air transportation of people and property to the extent that such service is available, In accordance with the IndernatimW Air TMnslocrtation Fair Competldve Pracbm Act of 1974 Al and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, to Comptroller General Decision B-138942. Article )MII - Best Practices for Collection and Use of Personally ldentllhble Inhwmetion (PN) DHS defines personally Identifiable information (PII) as any Information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable lo that individual. All recipients who collect PII are required to have a purblically aveiiable privacy policy that describes standards on the usage and maintenance of PII they collect Award recipients may also final as a useful resource the DHS Privacy Impact Ate: Frlvegy_ Guidance and Ebaw terrxslate respectively. Article XIX - Anrarkrens with Dlsabliltles Act of 1990 All recipients must comply with the requirements of Tides I, II, and III of the Amertans with DiseW1Nw Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 W.3% . s coons -1210112213). Article XX - Age Discrinrkta bon Act of 1975 All recipients must comply with the requirements of the Age D1scdm/na6an Act of 1975 [Titre src�de. sgpfiol3 6101 at wo,whioh prohibits disodrninstlon on the basis of age In any program or activity receiving Federal financial assistance Article X)a - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United Stales are coordinated as necessary with aPProPriale government authorities and that appropriate licensee, permits, or approvals are obtained Article XXII - Acknowledgment of Federal Funding *om DHS Ali recipients must admowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other document describing projects or programs funded in whole or In part with Federal funds Article XXili - Federal Leadership on Radaclng Taxt Massaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in ED_ 13513• Including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal govemment. Article XXIV - Federal Debt Status All recipients are required to be non -delinquent In their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OM B Circular A-129. Article XXV - False Cldrns Act and Program Fraud Civ1 Remedies DHS-FEMA-EMPG-FFY 16 Page 31 of 34 Jefferson, County of, E17-100 ATTACHMENT 41 All recipients must comply with the requirements of 31 U.S.C. section 3729 - 3733 which prohibits the submission of falss or fraudulent claims for payment to the Federal Government.. See 31 U.S.C. section 3801-3912 which details the administrative remedies for false claims and statements made. Article XXVI - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Ad Artid * XXVB -Education Amandmanb of 1972 (Equal Opportunity in Education Act) - Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (2p U.S.C. section 1681, atpW.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity, receiving Federal finandal assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C. F.R. Part 19 Article XXVNI - Duplication of Bmd is Any cost allooable to a particular Federal award provided for in 2 C. F. R_ Part 200. Suboe._rt E may not be charged lo other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient form shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the berms and conditions of the Federal award. Article XXX - Drug*me Mace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S C. section 701 at M.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Ad's implementing regulations at 2 C.F.R Part 3001. Article XXX - Debarment and Suspension All recipients are subject to the nomproourement debarment and suspension regulations Implementing Executive Orders 12549 and 12689• and 2 C.F.R. Part 180. These regulations restrict awards, subewards, and contracts with certain partlesthat are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXI - Copyright All recipients must aft the applicable copyright notices Of 17 U.S.C. sections 401 or 402 and an sQWx wwledgerr* t of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article X)W - Civil flights Act of 1996 All recipients must comply with Title Vill of the Civil Bions &Jof 12. which prohibits recipients from discriminating In the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. section 3601 ag.), as implemented by the Department of Housing and Urban Development at 24 C. F.R. Part 100. The prohibition on disability discrimination Includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and comtfrion use as and individual apartment units (all units in buildings with elevators and ground4loor units in buildings without elevators) be designed and constructed with certain accessible features (See 24 C.F. R. section 100.2011. Artide X)X61- Civil Rights Act of 1994 - Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (4 section 2000d at A which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assWannce. DHS implementing regulations for the Act are found at 6 C.F. R. Part 21 and 44 C.FJR Part 7. Artide XXXIV- DHS Specific Ack nowledgemants and Assurances All recipients, sub -recipients, successors, transferees, and assignees must admowiedge and agree to comply with applicable provisions governing DHS access to records, axourta, documents, irnformation, facilities, and staff. DHS-FEMA-EMPG-FFY 16 Page 32 of 34 Jefferson, County of, E17-100 ATTACHMENT #1 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and iMormation as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detalled in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin pnclu ding limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proosedings, pending or completed, Including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civ'I Right$ and Civil Ukerties (CRCL) by e-mail at crci0ho-dha nov or by mail at U.S. Departrnent of Homeland Security Otfice for Civil Rights and Civil Uberties Building 410, Mail Stop 00190 Washington, D.C. 20528. S. In the event any court or administrative agency mares a finding of discrimination on grounds of race, color, rational origin pncluding limited English proficiency), am, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mall at the addresses listed above. The United States has the right to seek Judicial enforcement of two obligations. Artlde XXXV - Assurances, Adminh&ative Requirerrtsttts, Cost Principles, and Audit Requirernants DHS financial assistance recipients must complete either the OMB Standard Form 42413 Aw + UQ "- strw2iofl PiggrArns or CRAB Standard Form 424D Assurances - Const ,gWn 2E ms as applicable. Certain assurances In these documents may not be applicable to your program, and the DHS financial assistance offloe may require applicants lo certify addtional assuarxes. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F. R. Part 2010. and adopted by DHS at 2 G.F.R. Part 3002. Article XXXVi - WhbtlNtlower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2M, 4141 U� and 10 U.S.C. section 232A 41 U.S.C. sections 4N4 and A=. Article X)OM - National ll?rtvironnnntal Policy Act All recipients must comply with the requirements of the National_Envlranmental Policy act Al and the Council on Environmental (duality (CEO) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of rational policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondhmft Won in Matters Pertaining les Falth-based Organizaflons Faith -based organizations are, under 6 C.F.R. Part 19. afforded certain protecdone as it relates to eligibility to receive financial assistance from DHS for social service programs, or to participate in social service programs administered or financed by DHS. Organizations that receive financial assistance from DHS for a social service program or participate In DHS social service programs have an obligation to crampy with the equal treatment policies and requirements contained in 6 C.F.R. Part 19, which, among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis of religion or religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice; and generally require recipients subject to the rule to provide certain protections, and notice of those protections, to their benefickuies. Recipients must also comply with any other policies and procedures regarding the participation of faith -based organizations contained in applicable statutes, regulations, and guidance governing individual DHS programs. DHS-FEMA-EMPG-FFY 16 Page 33 of 34 Jefferson, County of, E17-100 ObUg dlq Aecuaent for Awcu'd/Amendment I& AGREEMEW NO. 2. 3. RECIPIENT NO. EMS -2016 -EP -00002-501 AMENDMENW16001095G NO. 6. RECIPIENT NAM AND 7. ISSUING FEMA OFFICE AND ADDRESS ADDRESS Washington Military Grain Operations Depaftent 245 Murray Levu - Building 410, SW Building 20 Washington DC, 20528-7000 Camp Many, WA. 98430 - POC: 866-927-5646 512 ATTACHMENT #1 4. TYPE OF 5. CONTROL NO ACTION FY201OR10EMPG AWARD 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C street, S.W., Room 723 WDC, 20472 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 253-511.7121 Central Scheduling and Information Desk Sierra Wardell Phone: M369-6498 Email: Askcsid@dhs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement 10/01/2015 OF From: TO: PAYMENT 10/01/2015 08/3012017 PARS BudgetPerfod 10101/2015 08/30/2017 15. DESCRIPTION OF ACTION L (Indicate finding data for awards or fmancial changes) PROGRAM CFDA NO. NAME ACRONYM Emergency 97.042 Mimegement Performance Grants ACCOUNTING DATA PRIOR (ACCS CODE) TOTAL X)= X3 --TQC- AWARD XX= X}OQC X3QQC X AMOUNT CURRENT AWARDED TOTAL THIS AWARD ACTION +OR() 2016 -EM Dl11-R107- 50.00 57,254,374.00 $7,254,374.00 -4101-D CUMULATIVE NON FEDERAL C0160MENT See Totals TOTALS $0.00 57,254 74.00 57454,374.00 57,254,374.00 b. To describe congas other than funding data or fnmsncial charges. attach schedule and check here. NIA 16 s. FOR NON DISASTER PROGRAMS: RECIP13W IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipierhts are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Sura War", Preparedness Grants Section Program Manager 18. FEMA SIGNATORY OFFICIAL (Name and Title) KD BERLY PENFOLD , DHS-FEMA-EMPG-FFY 16 Page 34 of 34 DATE Wed Avg 2415:24:50 GMT 2016 DATE Wed Avg 1017:43:17 GMT 2016 Jefferson, County of, E17-100 • SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before com letin this form. NAME OF ORGANIZATION DATE SUBMITTED Jefferson County Dept. of Emergency Management PROJECT DESCRIPTION CONTRACT NUMBER Emergency Management Performance Grant (EMPG) EMPG FFY16 E17-100 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE 1=i,yl Kathleen Kier Chair, BOCC y �c Kathleen Kier Chair, BOCC 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE t Philip Morley County Administrator y �c Kathleen Kier Chair, BOCC 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SUGNATURE PRINT OR TYPE NAME TITLE Philip Morley County Administrator DEM Program Director Robert Hamlin Form W-9 (Rev. December 2014) InRevenuefSeMre ry Jefferson Request for Taxpayer Identification Number and Certification on your income tax return). Name is required on this line; do not name, Give Form to the requester. Do not send to the IRS. 3 Check approprlate box for federal tax classification; check only one of the following seven boxes: 4 Fxemptlons (codes apply only to ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate oertalo entitles, not ihdividuah; see single -member LLC irotnrctbns on page 3): ❑ Umbd lability company. Enter the tax classification (C-0 corporation, S -S corporation, P.pwInerahip) ► Exempt pis code Of any) Nob. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the lrro above for Exemption from FATCA reporting the tax dessification of the single -member owner. code (ff any) QOther (see Instructions) ► Government 0%wintosorn„nnnEfiftl am"ke•usl 5 Address (number, sleet, and apL or suite no.) Requsalw s none and address (optimal) P.O. Box 1220/1820 Jefferson Street Port Townsend, WA 98368 7 Ust account numbers) here (ooti Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Soolal security 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 FM TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for E Moyer Identl guidelines on whose number to enter, m r- 0ww"00' WHOF Under penalties of perjury, I certify that: 1. 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) I am exempt from backup withholding, or (b) I have not been nothled by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that lam no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on pope 3. HereI pens of Here U.S.Usperson ►LJ�.J�bl� Dat. lo - General General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developmens. Information about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.k govffw9. Purpose of Form An individual or entity (Form W-9 requesto who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIM which may be your social security number (SSM, individual taxpayer Identification number (ITIN). adoption taxpayer Identification mumbo (ATIM. or employer Identification number (EIN), to report on an Information return the amount paid to YOU, or Wher amount reportable on an Information return. Examples of h1fonnutlon stun a Include, but are not limited to, the following: • Form 1099 -MIT (Interest earned or paid) • Form 1009 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certeln other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (Inome mortgage Interest), 1098-E (student look knterest),1098-T (tultion) • Form 1099-C (canceled debt) • Form 109" (ecgkdsition or abandonment of secured properly) Use Form W-9 only if you are a U.S. parson (Including a resident alien), to provide your correct TIN. Ifyou do not return Farm W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup wifMw1ding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are riot subject to backup withhokli g, or 3. Clain exemption from backup withholding If you are a U.S. exempt payee. H aPPlcaM. You are also certifying that as a U.S. person, your allocable share of any partnership Indxme from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA codes) entered on this form (If any) indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporov? on page 2 for further information. Cat. No.10231 x Form W-9 (Rev. 12-2D14) Frere Cnou Subrecipient Agency: Jefferson Countv Department of Ememency Management Grant and Year: EMPG FFY 16 Agreement Number: E17-100 Completed R.W.(Bob)by: ( Hamlin Name DEM Program Director Title 360 385-9368 Tele hone Date Completed: STEP 9 Is your grant agreement less than $25,000? YESSTOP, a no further analysis needed, GO to St 6 NO GO to Step 2 01 STEP 2 In your preceding fiscal year, did your organization receive 80% or more of its annualF-1GO gross revenues from federal funding? YES to STEP 3 NO © STOP, no further analysis needed, GO to Step 6 3 In your preceding fiscal year, did your organization receive $25,000,000 or more in❑ federal funding? YES GO to STEP 4 NO © STOP, no further analysis needed, GO to Step 6 STEP-4-'— TEP4Does Doesthe public have access to information about the total compensation* of senior executives in your organization? YES 7 STOP, no further analysis needed, GO to step 6 NO GO to STEP 5 STEP.B Executive #1 Name: Total Compensation amount: $ Executive #2 Name: Total Compensation amount: $ Executive #3 Name: Total Compensation amount: $ Executive #4 Name: Total Compensation amount: $ Executive #5 Name: Total Compensation amount: $ STEP "6 If your organization does not most these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25.000." Signature: ` Q/ PnL J-� Z , q Date: 9 201 ' Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.nov/omb/open httD://www.hrsa.coy//arants/ffata html httpjhNww.gpo.govlfdsys/pkalFR-2010-09-14/Ddf!2010 22705 pdf http://www grants.gov/ Page 1 of 3 Washington Military Department Contract Number: E17-100 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Jefferson County Department of Emergency Management Doing business as (DBA) ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 81 Elkins Road. or SolicMatlon A If any: Identifier (UBI) Identification V. Port Hadlock, WA 98339 601-098-110 91-6001322 This certification Is submitted as part of a reqoast to contract Instructions For Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terns of this certification, without modification, in order to participate in certain transactions directly or indirectly Involving federal funds. I. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither It nor its principals its presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: - Date: 1-2-1Z71/ Print Name and Title: R.W. Hamlin, Director, DEM Program 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes, and Non -Profit Omanizations Contact Information Subrecipient Name (Agency, Local Government, or Orgarkation): Jefferson County Department of Emergency Management Authorized Chief Financial Officer (antral accounting omce): R.W. Hamlin Address: 81 Elkins Road, Port Hadlock, WA 98339 Email: bhamlin@co.jefferson.wa.us Phone #: (360) 385-9368 Purpose: As a pass-through entity of federal grant funds, the Washington Military Department/Emergency Management Division (Department) Is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verity that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecpient subject to such monitoring by MIL/EMD because it is a non-federal entity, that expends federal grant funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form. Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have a single or program -specific audit conducted for that year. If your entity h not subject to these requirements, you must complete Section A of this Form. If your entity ll subject to these requirements, you must complete Section B of this forth. When completed, you must sign, date, 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 costs, and suspension or termination of federal awards. Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply): ® We did not expend $750,000 or more of total federal awards during the fiscal year. ❑ We are a for-profit agency. ❑ We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the programs) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. ❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] . There were no findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, Is either provided electronically to contracts.officefmil.wa.aov or provide the stats auditor report number ❑ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] . There were findings related to federal awards. A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to contracts.officelmil.wa.00v 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 nter date]. We will provide electronic copy of the audit report to cor tracts.officslmil.wa.aov at that time or Provide the state auditor reoort number. I hereby certify that I am an individual authorized by the above Identifled entity to complete this form. Further, 1 certify that the above Information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Additionally, 1 understand this Forth Is to be submitted every fiscal year for which this entity is a subrecipient of federal award funds from the Department until the grant agreement is closed. Signature of Authorized Chief Financial Officer: " `� Date: Z7 I& Print Name & Title: R.W. HarNin, DlrwWrof Emergency Management WW Form 1009.13, DRUM, UpdYed 916=16 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 Performance Grant (EMPG) EMPG FFY16 E17-100 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Kathleen Kier Chair, BOCC ff 1 b 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE PhilipMorley 0 y County Administrator l Kathleen Kier Chair, BOCC a cl 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SPNATURE PRINT OR TYPE NAME TITLE Philip Morley County Administrator r Robert Hamlin DEM Program Director \\NAC-1\VOL1\HOME\KARENB\.... \WP\SIGNAUTH Revised 3/03 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager. Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Bob Hamlin, Program Manager Department of Emergency Management DATE: December 19, 2016 SUBJECT: EMERGENCY MANAGEMENT PROGRAM GRANT STATEMENT OF ISSUE Homeland Security grant agreement needed to support part time staffing for the Department of Emergency Management through September 2017. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S Emergency Management Program Grants (EMPG) assist local jurisdictions in preparing for all hazards through sustainment and enhancements as described in a work plan submitted by the eligible jurisdictions. EMPG funds are used in Jefferson County for assistance with Department of Emergency Management staffing support. FISCAL IMPACT/COST BENEFIT ANALYSIS The grant provides support in the amount of $18,000 for expenditure during the period June 1, 2016 through August 31, 2017. 100% of the grant is applied to department clerk hire staffing. RECOMMENDATION Approval. REVIEWED BY: Z-hiorley, C unty dministr Date CONTRACT WITH: CONTRACT FOR: CONTRACT REVIEW FORM / (o' 'Z -C) C `ll i fit a 1PAW-. . �� AMOUNT: � j,, 0C)o Revenue: N/A Expenditure: N/A Matching Funds Required: N/A Sources(s) of Matching Funds N/A PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other Step 1: REVIEW BYI MENT Review by: l' 7� 9(� Date Reviewed: APPROVED FORM''' Returned for revision (See Comments) Comment (De2'e � 6 4 , c"'e__ I -Ile AIA12 Step 2: REVIEW BY PROSECUTIN 'ATTORNEY Review by: Date Reviewed: Qd t-6 APPROVED AS TO FORM Returned for revision (See Comments) Comments g m.,. h� c..., n•� ew.`. rf c-,� „r. NJ pil A ✓a'4z A96C htc c Step (If required) D PARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)