HomeMy WebLinkAboutHomeland Security Grant Agreement - Contract Washington State Military Department
.HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
County of Mason $60,269 E16-109
100 West Public Works Drive
Building 1
Shelton,WA 98684-9714
4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Ross McDowell,(360)427.9670 ext.806 June 1,2016 August 31,2016
rmcdowell co.mason.wa.us
7. Department Program Manager,phone/email: B. Data Universal Numbering System(DUNS): 9, UBI#(state revenue):
Sierra Wardell,(263)612-7121
sierra.wardell a(�mil.wa.aov 069680761 232-002-137
10, Funding Authority:
Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS)
11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title:
EMW-2015-EP-00028-S01 09/22/2016 97.042(16EMPG)
14, Total Federal Amount #: 15, Program Index#&OBJ/SUB-OBJ: 16. TIN:
$7,219,265 753PT NZ 1 91-6001364
17, Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned,State
(BY LEGISLATIVE DISTRICT): 35 Certified?: X N/A ❑ NO
BY CONGRESSIONAL DISTRICT): 6,10 Mason County Cj YES,OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source 1 ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES El NO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant(16EMPG) Is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan,
The Department is the Recipient and Pass-through Entity of the 16EMPG Award EMW-2015-EP-00028-S01,which is incorporated
In and attached hereto as Attachment#1,and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subreciplent is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A);General Terms and Conditions (Exhibit B);Work Plan (Exhibit C);
Timeline (Exhibit D); Budget(Exhibit E); and all other documents,exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement, No
other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an Inconsistency in this Agreement, unless otherwise provided herein, the Inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Te�ms and Conditions
2. DHS/FEMA Award and program documents 6. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement Incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE EPARTMENT: FO HE BRECIPI NT:
��s Z3 lS
Sign re Date Signature Date
Richard A.Woodruff, Contracts Administrator Ross McDowell, Emergency&Information Manager
Washington State Military Department Mason County
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM(if applicable
Brian E. Buchholz(signature on file 9/22/2015)
Assistant Attorney General
A e aevie�w ���t4ite
Form 0 5/1 21201 6 MLL
DHS-FEMA-EMPG-FFY 15 Page 1 of 28 County of Mason, E16-109
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 DEPARTMENT
Name Ross McDowell Name Deborah Henderson
Title Emergency&Information Manager Title Program Coordinator
E-Mail rmcdowellP-co.mason.wa.us E-Mail deborah.hendersonP-mil.wa.gov
Phone (360)427-9670 ext. 806 Phone 253-512-7470
Name Brian Matthews Name Sierra Wardell
Title Public Works & Utilities Director Title Program Manager
E-Mail brianm(cDco.mason.wa.us E-Mail sierra.wardell(a_mil.wa.gov
Phone (360)427-9670 ext.453 Phone 253-512-7121
Name Tammi Wright Name Dalton Gamboa
Title Senior EM Coordinator Title Program Assistant
E-Mail tammiw@co.mason.wa.us E-Mail dalton.gamboaP-mil.wa.gov
Phone (360)427-9670 ext. 800 Phone 1 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by DHS/FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant"
document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01,
and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment#1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS &CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of a
subrecipient or contractor in accordance with 2 CFR 200,330.
b. If the Subrecipient becomes a pass-through entity by making a subaward
to a non-federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations
applicable to pass-through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200.
DHS-FEMA-EMPG-FFY 15 Page 2 of 28 County of Mason, E16-109
ii. The Subrecipient shall require its subrecipient to comply with all
applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement
and the informational documents published by DHS/FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-
00028-S01 in Attachment#1, and the federal regulations commonly
applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment#1 of this Agreement.
2. REIMBURSEMENT & BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries,
benefits, printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Grant Agreement
Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix
VI to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10%of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and
should consult their internal policies, state rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e. The Subrecipient will submit reimbursement requests to the Department by
submitting a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
DHS-FEMA-EMPG-FFY 15 Page 3 of 28 County of Mason, E16-109
Reimbursement requests must be submitted to
Reimbursements(amil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
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 local, state, or federal
auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be
treated as a request for Amendment of the Agreement and must be
submitted to the Department Key Personnel sufficiently in advance of the
due date to provide adequate time for Department review and
consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non-federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement(including but not limited to those reports in the
Timeline) will prohibit the Subrecipient from being reimbursed until such
complete reports and reimbursement requests are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
I. A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed.
M. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace(supplant) non-
federal funds that have been budgeted for the same purpose. The
Subrecipient may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
DHS-FEMA-EMPG-FFY 15 Page 4 of 28 County of Mason, E16-109
3. REPORTING REQUIREMENTS
a. The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b. In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient will submit a final report with its final
reimbursement request to the Department detailing progress on all
activities listed in the Work Plan.
C. In conjunction with the final report,the Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d. The Subrecipient shall also comply with the Federal Funding Accountability
and Transparency Act(FFATA) and related OMB Guidance consistent with
Public Law 109-282 as amended by section 6202(a) of Public Law 110-252
(see 31 U.S.C. 6101 note) and complete and return to the Department the
FFATA Form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non-federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200.318—200.326, to include but not
limited to:
i. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non-federal entity to
which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
iii. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic
Assistance(CFDA) number;who holds the title; the acquisition date;
the cost of the equipment and the percentage of Federal
participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment
and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by
DHS-FEMA-EMPG-FFY 15 Page 5 of 28 County of Mason, E16-109
the physical inspection and those shown in the records shall be
investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability. The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any
loss, damage, or theft shall be investigated and a report generated
and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or when original or replacement equipment is no longer
needed for the original project or program or for other activities
currently or previously supported by a Federal agency, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non-
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment as follows:
i. Items of equipment with a current per-unit fair market
value of less than $5,000 may be retained, sold or
otherwise disposed of by the Subrecipient with no further
obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market
value of more than $5,000 may be retained or sold and
the Subrecipient shall compensate the Federal-
sponsoring agency for its share.
X. Records for equipment shall be retained by the Subrecipient for a
period of six years from the date of the disposition, replacement, or
transfer. If any litigation, claim, or audit is started before the
expiration of the six year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD's Purchase Policy contained within
the EMD Purchase Workbook version 2015.1 located at
http://mil.wa.qov/emer.gencV-management-division/grants/homeland-
security-grants, incorporated by reference and made part of this
Agreement.
DHS-FEMA-EMPG-FFY 15 Page 6 of 28 County of Mason, E16-109
No reimbursement will be provided unless the appropriate approval has
been received.
C. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http://www.fema.gov/preparedness-non-disaster-grants. The AEL
consists of 21 categories which are divided into sub-categories. It is
important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and/or DHS/FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security"when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non-federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) Program. Subrecipients are required to
comply with DHS/FEMA EHP Policy Guidance which can be found at
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.gov/media-Iibrary/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.fema.gov/media-library/assets/documents/101537, all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients proposing projects that have the potential to impact the
environment, including, but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS/FEMA EHP review before project initiation.
DHS-FEMA-EMPG-FFY 15 Page 7 of 28 County of Mason, E16-109
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Subrecipient agrees that to receive any federal preparedness funding,
all EHP compliance requirements outlined in applicable guidance must be
met. The EHP review process must be completed before funds are
reimbursed. Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specified in the General Terms and
Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre-procurement review
and approval the procurement documents, such as requests for proposals,
invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non-federal entity to which
the Subrecipient makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at httr):Hmil.wa.gov/emergency_
management-division/grants/requiredgrantforms with the signed
Agreement and each fiscal year thereafter until the Agreement is closed,
which is incorporated by reference and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, e-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as
outlined above, for any non-federal entity to which the Subrecipient makes
a subaward as a pass-through entity under this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 8 of 28 County of Mason, E16-109
e. Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin,which requires that subrecipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency(August 11, 2000), requires federal agencies to
issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its
obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at
https://www.dhs.gov/guidance-published-help-department-supported-
organizations-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System(NIMS) identifies concepts and
principles that answer how to manage emergencies from preparedness to
recovery regardless of their cause, size, location, or complexity. NIMS
provides a consistent, nationwide approach and vocabulary for multiple
agencies or jurisdictions to work together to build, sustain and deliver the
core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential Policy
Directive (PPD)-8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all-
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
DHS-FEMA-EMPG-FFY 15 Page 9 of 28 County of Mason, E16-109
2. A portion of the 15EMPG grant was identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their 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.
4. The Subrecipient shall provide a fifty percent match of $50,269 of non-federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered reasonable, allowable, allocable, and necessary
under the grant program and must comply with all Federal requirements and
regulations, including but not limited to 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no less than three exercises in a 12-month
period. The Subrecipient will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No. EMW-2015-EP-00028-S01, which are incorporated and
made a part of this Agreement as Attachment#1.
DHS-FEMA-EMPG-FFY 15 Page 10 of 28 County of Mason, E16-109
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.
AA 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.
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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
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/requiredgrantforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients or any
of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in "covered transactions" by any
federal department or agency. "Covered transactions" include procurement contracts for
goods or services awarded under a non-procurement transaction (e.g. grant or
cooperative agreement)that are expected to equal or exceed $25,000, and subawards to
subrecipients for any amount. With respect to covered transactions,the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(http://www.sam.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.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContract
orsn. The Subrecipient also agrees not to enter into any agreements or contracts for the
purchase of goods and services with any party on the Department of Enterprise Services'
Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasing/Business/PagesNendor-
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.
DHS-FEMA-EMPG-FFY 15 Page 12 of 28 County of Mason, E16-109
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of the
Subrecipient who exercises any functions or responsibilities with respect to the project
during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the
Department is not responsible for determining compliance with, any and all applicable
federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
policies. This obligation includes, but is not limited to: nondiscrimination laws and/or
policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
with Disabilities Act(ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees(48 CFR Section 52.203-5), Public Records Act(RCW
42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement
and award of any contracts with contractors or sub-contractors that are entered
into under the original contract award. The procurement process followed shall be
in accordance with 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000,which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council(Councils)as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
DHS-FEMA-EMPG-FFY 15 Page 13 of 28 County of Mason, E16-109
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
DHS-FEMA-EMPG-FFY 15 Page 14 of 28 County of Mason, E16-109
7) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of$150,000 must contain a provision that requires the non-Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government-
wide exclusions in the System for Award Management(SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR
part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
10) Procurement of recovered materials--As required by 2 CFR 200.322, a non-
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding agency,
the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract for the purpose of making audit,
examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
DHS-FEMA-EMPG-FFY 15 Page 15 of 28 County of Mason, E16-109
15) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
b. The Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient must ensure that its procurement process
requires contractors and subcontractors to provide adequate documentation with
sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the
Subrecipient's responsibilities with respect to services provided under this Agreement is
prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement,when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute.A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties. The panel shall consist of a representative appointed
by the Department, a representative appointed by the Subrecipient and a third party
mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law,the Subrecipient, its successors or assigns,will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Subrecipient, its sub-contractors, subrecipients, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of(1)the Department, and (2) the
Subrecipient, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's
agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the Federal government, the
following shall apply:
DHS-FEMA-EMPG-FFY 15 Page 16 of 28 County of Mason, E16-109
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the Federal
government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY—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
condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to projects or work plans,
and other requests, certifications and documents authorized by or required under this
Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a "Termination for Cause"without providing the
Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under "Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subrecipient
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability(physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Subrecipient's performance under this Agreement. To the extent allowed by law, the
Subrecipient further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
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A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF 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.
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 Subrecipient's records related to this Agreement and the projects funded may be
inspected and audited by the Department or its designee, by the Office of the State
Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
DHS-FEMA-EMPG-FFY 15 Page 18 of 28 County of Mason, E16-109
C
purposes of determining compliance by the Subrecipient with the terms of this
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement
and the funded project(s) for a period of at least six (6) years following final payment
and closure of the grant under this Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKM/ORK 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 third party related to any design, development,
construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $760,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart
F. Non-federal entities that spend less than$750,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as found
in the Government Auditing Standards(the Revised Yellow Book)developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DHS-FEMA-EMPG-FFY 15 Page 19 of 28 County of Mason, E16-109
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 GALAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub-contractors also maintain auditable records.
The Subrecipient is responsible for any audit exceptions incurred by its own organization
or that of its sub-contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Subrecipient
must respond to Department requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine (9) months after the end of the Subrecipient's
fiscal year(s)to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or
disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and/or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever.
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient make any claim,
demand, or application to or for any right or privilege applicable to an officer or employee
of the Department or of the State of Washington by reason of this Agreement, including,
but not limited to,Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which
would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 20 of 28 County of Mason, E16-109
A.30 TAXES FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for,
pay and maintain in current status all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for the Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement,the Department, in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed
to fulfill in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Subrecipient an opportunity to cure if it is not feasible as determined solely within the
Department's discretion. Any time allowed for cure shall not diminish or eliminate the
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement,withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement Agreement, e.g., cost of administering the competitive solicitation
process, mailing, advertising and other associated staff time. The rights and remedies of
the Department provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipient's control, fault or negligence, the
termination shall be deemed to be a"Termination for Convenience".
DHS-FEMA-EMPG-FFY 15 Page 21 of 28 County of Mason, E16-109
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice. Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement,the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Agreement termination,the amount agreed upon by the Subrecipient and
the Department for(i)completed work and services and/or equipment or supplies provided
for which no separate price is stated, (ii) partially completed work and services and/or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv)the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes"
clause of this Agreement. If the termination is for cause, the Department shall determine
the extent of the liability of the Department. The Department shall have no other obligation
to the Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient such sum as the Department determines to be necessary to protect the
Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent 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 furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by
the Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
DHS-FEMA-EMPG-FFY 15 Page 22 of 28 County of Mason, E16-109
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 15 Page 23 of 28 County of Mason, E16-109
Exhibit C
15EMPG WORK PLAN
Emergency Management Organization: Mason County
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs.Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State
does not require a specific number of activities to receive EMPG funding. However, there are required capabilities
that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to
communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle to include 15EMPG grant and local funds).
Program Area#1 Planning
Using the whole community approach Mason County DEM will develop and update emergency management
plans making them realistic with attainable objectives while identifying any gaps. We will be reaching out for
madditional partners for input into our plans.
0
Emergency Management Function: Operational Planning
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
CEMP-yearly review pending 2017 full review by State,HIVA- -CEMP-State review and per requirements set forth in RCW
yearly update and Multi-Jurisdictional Hazard Mitigation Plan- 38,52.070.
adding an additional 7 partners into the plan with State review -HIVA-Approval by our Emergency Management committee.
and FEMA approved -Hazard Mitigation Plan-State review and FEMA approval.
Review/update CEMP. sustainment
1 Milestone: Update contact information June 2015 ( to August 2016
Milestone: Update ESF 10(Hazardous Materials Response Plan) June 2015 l to August 2016
LA w Review/update HIVA. enhancement
- -----
F' 2 Milestone: Add additional significant events June 2015 to August 2016
P Milestone: Update Mason County profile June 2015 to August 2016
C.l
Q Review/update Hazard Mitigation Plan. enhancement
Including additional partners in our Multi-Jurisdictional
Milestone: June 2015 to July 2016
3 Mitigation Plan
Milestone: Additional mapping of vulnerable areas,populations,and June 2015 to August 2016
structures
ml
Program Area#2 Public Education and Information
LU Mason County DEM will provide ongoing community resilience training programs and provide educational
materials to community groups, local businesses and non-profit organizations to prepare them for self-
"' reliance during emergencies.
M
0
Emergency,Management Function: Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 15 Page 24 of 28 County of Mason, E16-109
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
-Community Emergency Response Team(CERT)classes- -Document trainings
additional trained community members, -Make emergency management preparedness presentations
-Public preparedness presentations- education of self-reliance, to 10 community groups
-Exercise skills taught through tabletop and functional exercises -Provide certification through testing.
Train CERT members. enhancement
Conduct 3 CERT program trainings throughout the city
� 1 Milestone: � June 2015 to August 2016
w and county.
I_- Milestone: Attain a funding source for trainers. ( June 2015 to August 2016
Provide public preparedness presentations. enhancement
U Milestone: Identify target audiences. June 2015 to August 2016
Q 2 -- - - - - - - ------ -- --
Milestone: Conduct 10 preparedness presentations throughout June 2015 to August 2016
the city and county.
MEMEMEMM
Program Area#3 1 Training/Exercise
LU Mason County will provide and attend opportunities for training and exercises involving first responders and
community partners.This objective will be attained by conducting and attending trainings,tabletop exercises
CO and participating in a functional exercise during this grant period. Train EOC personnel- have EOC roster with
O three deep in all positions.
Emergency Management Function: Training
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
-Continue NIMS training to county departments not included in -Document compliance of NIMS certified-increase of 15 staff
the 2014 program and provide to other community groups as members
requested, -Participate in at least one full-scale/functional exercise
-Attend 2016 Partner's in Emergency Preparedness conference 2015/2016,
and 2016 Tribal/LEPC conference to gain updates and education -3 DEM staff attendance the PIEP and one DEM staff attend
on preparedness issues the Tribal/LEPC conferences.
Provide IS-100 and IS-700 employees within the city and county and outside agencies as requested enhancement
1 Milestone: Prepare a training program schedule. I June 2015 to August 2016
Milestone: Identify personnel required to have training. 1 June 2015 ( to August 2016
Participation in the Evergreen Tremors exercise. enhancement
2 Milestone: Pre-planning meetings with WA National Guard. June 2015 1 to July 2015
-- — — - - -
Participate in the week-long Evergreen Tremors
u7 Milestone: exercise with the National Guard. June 2015 to July 2015
w
F Participate in the Partner's in Emergency Preparedness conference. enhancement
3 -
Milestone: Attend the conference. I April 2016 to April 2016
U
Q 4 Participate in the Tribal/LEPC conference. enhancement
_ -
Milestone: Attend the conference. May 2016 tc May 2016
Participation in the Cascadia Rising exercise. enhancement
Attend pre-planning meetings as a representative
5 Milestone: June 2015 to August 2016
from Mason-County. �-
Milestone: Participate in the Cascadia Rising Exercise. June 2016 to June 2016
6 Train EOC Personnel enhancement
DHS-FEMA-EMPG-FFY 15 Page 25 of 28 Mason County, E16-109
-
Milestone: Identify personnel to perform tasks in the EOC. June 2015 to August 2016
Formal specific position training(i.e. planning,
Milestone: logistics,finance,communications). June 2015 to August 2016
Program Area#4 Communication
LU Mason County will expand the use of social media as a method of educating, preparing and warning citizens
u and visitors in our area of likely emergencies and disasters. Mason County DEM currently uses other partners
LU
m
to provide social media to citizens.
0
Emergency Management Function. Communications and Warning
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Countywide policy on the use and retention of emerging social -Create a social media policy
media before,during and after emergencies/disasters is -Train 100%Flo's to the use of social media within policy.
understood by PIOs who may respond during a disaster and
followed when a disaster does occur.
Ln W Develop social media policy, enhancement
> 1 Milestone. Create a draft social media policy. June 2015 to August 2016
a Milestone: Promulgation of the policy and training. June 2015 to August 2016
Program Area#5 Equipment
> Mason County has consolidated its storage areas and has the need for a centralized storage unit close to the
EOC and DEM office. A Dry Box for storage will be purchased and placed on Mason County property near the
mDEM office and EOC to store supplies and items used during a disaster.
O
Emergency Management Function. Facilities
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Dry Box will be available to economically store supplies and items Placement of the 10 foot by 40 foot Dry Box on the property
used during a disaster. and place the supplies inside of it for use.
u7
w
F Dry Box enhancement
Milestone: Purchase the 10 foot by 40 foot Dry Box September 2015 to December 2015
Q Milestone: Delivery of the Dry Box and complete the stocking of it December 2015 to February 2016
DHS-FEMA-EMPG-FFY 15 Page 26 of 28 Mason County, E16-109
Exhibit D
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE TASK
June 1, 2015 Grant Agreement Start Date
January 30, 2016 Submit reimbursement request
April 30, 2016 Submit reimbursement request
August 31, 2016 Grant Agreement End Date
October 15, 2016 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 15 Page 27 of 28 Mason County, E16-109
Exhibit E
BUDGET
FFY 2015 Emergency Management Performance Grant Program
15EMPGAWARDI $ 50,269.00
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
FRIMUMUMMOM
Salaries& Benefits $ 12,269 $ 15,000
Overtime/Backfill $ - $ -
Z Consultants/Contractors $ -
Z Goods&Services $ - $ -
Travel/Per Diem $ - $ -
m Indirect 0% $ - $ -
Subtotal $ 12,269 $ 15,000
Salaries&Benefits $ 4,000 $ 5,000
ZO Overtime/Backfill $ - $ -
H Consultants/Contractors $ - $ -
N Goods&Services $ - $ -
GTravel/Per Diem $ - $ -
o Indirect 0% $ - $ -
0 Subtotal $ 4,000 $ 5,000
Salaries& Benefits $ - $ -
Overtime/Backfill $ - $LU
-
Ln Consultants/Contractors $ - $
Goods&Services $ - $ -
X Travel/Per Diem $ - $ -
"' Indirect XX% $ - $ -
Subtotal $ - $ -
Salaries& Benefits $ 25,500 $ 34,500
Overtime/Backfill $ - $ -
ZConsultants/Contractors $ 3,500 $
Z Goods&Services $ $
Travel/Per Diem $ - $ -
�- Indirect 0% $ - $ -
Subtotal $ 29,000 $ 34,500
n Equipment $ S,000 $ 5,000
Indirect 0% $ - $ -
LU Subtotal $ 5,000 $ 5,000
Salaries& Benefits $ - $ -
Overtime/Backfill $ - $ -
Consultants/Contractors $ - $
Goods&Services $ $ -
Travel/Per Diem $ - $ -
Indirect XX% $ - $ -
Subtotal $ - $ -
TOTAL Grant Agreement AMOUNT: $ 50,269 1 $ 59,500
• The Subrecipient will provide a match of at least$50,269, 50% of the total project cost(local/tribal budget plus EMPG
award), of non-federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security- PI#753PT—EMPG
DHS-FEMA-EMPG-FFY 15 Page 28 of 28 Mason County, E16-109
Attachment 1
.A%vard Letter_ ------
U.S. Department of Homeland Security
7 Washington, D.C. 20472
i
i
'Bret Daugherty
Washington Military Department
'Building 20
'Camp Murray, WA 98430
Re: Grant No. EMW-2015-EP-00028
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year(FY) 2015 Emergency Management Performance Grants has been approved in the amount of$7,219,265.00 .
As a condition of this award, you are required to contribute a cost match in the amount of$7,219,265.00 of non-Federal funds,
or 50 percent of the total approved project costs of$14,438,530.00 .
,Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
. Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
. FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
Step 1: Please go on-line to the ND Grants system at https://portal.fema.gov.After logging in, you will see a subtitle Grants
'Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
.packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records.
'Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form. The information on
the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1 F "Other."
The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor'
-,Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial
,institution. Please pay careful attention to the instructions on the form.
i
FEMA Finance Center
Attn:Vendor Maintenance
P.O. Box 9001
i
Winchester,VA 22604
Secured Fax: (540) 504-2625
Email: FEMA-Finance@FEMA.DHS.gov
i
System for Award Management(SAM): Please ensure that your organization's name, address, DUNS number, EIN, and
,banking information are up to date in SAM and that the DUN number used in SAM is the same one used to apply for all
Attachment t
FEMA awards. The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on
the information provided in the SAM; therefore it is imperative that the information is correct.
'If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646.
JEFFREY JAMES,Acting Division Director, FEMA Region X
t
- 2 -
Attachment 1
Agreement Articles
i
2014-10-01 00:00:00.0
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT EMW-2015-EP-00028-S01
NUMBER:
TABLE OF CONTENTS
Article 1 2015 EMPG HOLD on FUNDS
Article II Acknowledgement of Federal Funding
from DHS
Article III Activities Conducted Abroad
Article IV Age Discrimination Act of 1975
Article V Americans with Disabilities Act of 1990
Article VI Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Article VI Title VI of the Civil Rights Act of 1964
Article VIII Civil Rights Act of 1968
Article IX Copyright
- 3 -
Attachment 1
Article X Assurances, Administrative
Requirements and Cost Principles
Article XI Debarment and Suspension
Article XI Drug-Free Workplace Regulations
Article XIII Duplication of Benefits
Article XIV Energy Policy and Conservation Act
Article XV Reporting Subawards and Executive
Compensation
Article XVI False Claims Act and Program Fraud
Civil Remedies
Article XVII Federal Debt Status
Article XVI II Fly America Act of 1974
Article XIX Hotel and Motel Fire Safety Act of 1990
Article XX Limited English Proficiency (Civil Rights Act of
1964, Title VI)
Article XXI Lobbying Prohibitions
Article XXII Non-supplanting Requirement
Article XXIII Patents and Intellectual Property Rights
Article XXIV Procurement of Recovered Materials
Article XXV Contract Provisions for Non-federal Entity
Contracts under Federal Awards
Article XXVI SAFECOM
Article XXVII Terrorist Financing E.O. 13224
Article XXVIII Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX Trafficking Victims Protection Act of 2000
Article XXX Rehabilitation Act of 1973
Article XXXI System of Award Management and Universal
Identifier Requirements
Article XXXII USA Patriot Act of 2001
Article XXXII I Use of DHS Seal, Logo and Flags
Article XXXIV Whistleblower Protection Act
Article XXXV DHS Specific Acknowledgements and
Assurances
Article XXXVI Disposition of Equipment Acquired Under the
Federal Award
Article XXXVI I Prior Approval for Modification of Approved
Budget
Article XXXVI II Acceptance of Post Award Changes
- 4 -
Attachment 11
Article I - 2015 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015
EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article II -Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
with Federal funds.
Article III -Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article IV-Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. § 6101 et
seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V-Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities 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 U.S.C. §
12101-12213).
Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII)
All recipients who collect PII are required to have a publically-available privacy policy that describes what PII
they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy template respectively
Article VII -Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.), 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 assistance. Implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
Article VIII - Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, 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. § 3601 et seq.), 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 common use areas and individual apartment units (all
units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features (see 24 C.F.R. § 100.201).
Article IX- Copyright
- 5 -
Attachment 1
All recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government
(e.g., classified information or other information subject to national security or export control laws or regulations).
Article X -Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 424E Assurances— Non-
Construction Programs. Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud !
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
Article XII - Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. � 701 et sep.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS
has adopted the Act's implementing regulations at 2 C.F.R Part 3001.
Article XIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to 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 the non-Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards.
Article XIV - Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV- Reporting Subawards and Executive Compensation .
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.I. of this award term to
http://www.fsrs.gov.
H. For subaward information, report no later than the end of the month following the month in
which the obligation was made (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if-
- 6 -
Attachment 1
i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the
preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term: i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
Id. Exemptions
If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the
requirements to report:
i. Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
- 7 -
Attachment 1
iv. A domestic or foreign for-profit organization;
V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"),
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to
you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
Article XVI - False Claims Act and Program Fraud Civil Remedies
'All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal
;payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the
administrative remedies for false claims and statements made.
Article XVII - 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 OMB Circular A-
129 and form SF-424B, item number 17 for additional information and guidance.
Article XVIII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
,available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
Article XIX - Hotel and Motel Fire Safety Act of 1990
Jn accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must
ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. §2225.
- 8 -
Attachment 1
Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients 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 recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
and services. Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation. In order to facilitate compliance with Title VI,
recipients are encouraged to consider the need for language services for LEP persons served or encountered in
developing program budgets. 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 https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on
http://www.lep.gov.
Article XXI - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. §1352, 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
Zany 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 XXII - Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal
ssources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be
.required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than
the receipt of expected receipt of Federal funds.
Article XXIII - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
,development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
aawards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. §401.14.
'Article XXIV- Procurement of Recovered Materials
All recipients 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 C.F.R. 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 by 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.
Article XXV - Contract Provisions for Non-federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative,
- 9 -
Attachment 1
contractual, or legal remedies in instance where contractors violate or breach contract terms and provide
for such sanctions and penalties as appropriate.
b. Contracts in excess of$10,000.
All recipients that have contracts exceeding $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.
Article XXVI -SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII -Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 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 E.O. and laws.
Article XXVIII -Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), which provides 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 financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX -Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. � 7104). This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November
13, 2007. Full text of the award term is located at 2 CFR § 175.15.
Article XXX - Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
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. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XXXI -System of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to
you.
- 10 -
Attachment 11,
C. Definitions
For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A
foreign public entity;
C. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
C. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
Article XXXII - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. §§ 175-
175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological
agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose.
Article XXXIII - Use of DHS Seal, Logo and Flags
All recipients must obtain DHS's approval 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, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XXXIV-Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §. 4304 and 4310
Article XXXV - DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors,
transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint investigation 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 grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance.
- 11 -
Attachment 1
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 detailed 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 (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, 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 Component
and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXVI - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
"pursuant to 2 C.F.R. § 200.313.
Article XXXVII - Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without
prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval
Article XXXVIII -Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
'changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail
to ASK-GMD(a)dhs.gov if you have any questions.
- 12 -
t
Obligating Document for Nward/Amendment
la. AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
EMW-2015-EP-00028-S01 AMENDMENT 916001095E NO. ACTION FY2015RIOEMPG
NO. AWARD
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military Grant Operations 500 C Street, S.W.,Room 723
Department 245 Murray Lane-Building 410, SW Washington DC,20472
Building 20 Washington DC,20528-7000
Camp Murray,WA,98430 POC: 866-927-5646
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER ! (253) Central Scheduling and Information Desk
Sierra Wardell 512-7121 Phone: 800-368-6498
Email:Askcsid@dhs.gov
11.EFFECTIVE DATE OF ! 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement
10/0 1/2014 OF From: To:
PAYMENT 10/01/2014 09/30/2016
PARS Budget Period
10/01/2014 09/30/2016
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. I ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL
ACRONYM XXXX-XXX- AWARD THIS AWARD COMMITMENT
XXXXXXXXXXX-XXXX-I ACTION
XXXX-X +OR(-)
Emergency 97.042 2015-EM-D111-RI 07- $0.00 $7,219,265.00 $7,219,265.00 $7,219,265.00
Management 4101-D:FY2015R 10EMPG
Performance $7,219,265.00
Grants
TOTALS $0.00$7,219,265.00$7,219,265.00 $7,219,265.00
b.To describe changes other than funding data or financial changes,attach schedule and check here.
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Emergency Management Performance Grants recipients 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) DATE
Bret Daugherty,The Adjutant General 09/22/2015
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
09/14/2015
KIMBERLY PENFOLD,Assistance Officer
FFATA FORM
Subrecipient Agency: Mason Countv Emerqencv Manaqement
Grant and Year: 2015 Agreement Number: E16-109
by:Completed Ross McDowell DEM Manager 360-427-7535
Name Title Telephone
Date Completed: November 4, 2015
-STEP 1
YES STOP, no further NO
Is your grant agreement less than $25,000? 1:1
analysis needed, ❑ GO to Step 2
GO to Step 6
STEP 2
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 80%or more of its annual ❑ GO to STEP 3 ❑ analysis needed, GO to
gross revenues from federal funding? Step 6
STEP 3
In your preceding fiscal year, did your YES NO STOP, no further
organization receive$25,000,000 or more in 1:1
GO to STEP 4 Elanalysis needed, GO to
federal funding? Step 6
STEP 4
Does the public have access to information about YES STOP, no further NO
the total compensation*of senior executives in 1:1
analysis needed, ❑ GO to STEP 5
your organization? GO to step 6
S7iEP,5
Executive#1 Name:
Total Compensation amount: $
Executive#2 Name:
Total Compensation amount: $
Name:
Executive#3 Total Compensation amount: $
Executive#4 Name:
Total Compensation amount: $
Executive#5 Name:
Total Compensation amount:$
STEP,6
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25 000"
Mason County does not receive more than 80% annual gross revenues from federal funding.
Signature: Date: November 4, 2015
*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:
hftp://www.whitehouse.gov/omb/open
hftp://www.hrsa.qovtqrants/ffata.html
hftp://www.qpo.gov/fdsys/pkq/FR-2010-09-14/i)df/2010-22705.pdf
hftp://www.grants.gov
Page 1 of 3
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations
°Contact alnformation
Subrecipient Name(Agency,Local Government,or organization):Mason County
Authorized Chief Financial Officer(central accounting office):Frank Pinter
Address:411 N. 5th Street, Shelton, WA 98584
Email: fpinter@co.mason.wa.us Phone#:360-427-9670 ext 530
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
verify 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 subrecipient subject to such monitoring by MIUEMD 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 is not subject to these requirements,you must complete Section A of
this Form. If your entity is subject to these requirements,you must complete Section B of this form. When completed,you must sign,date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. 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.
SECTION A: Entities NOT sub'ect to the audit r uirements of 2 CFR Pail 200 Subpart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply):
9 We did not expend$750,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However,by signing below, I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)in
which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and 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.
SECTION& Entities that ARE'sub/ect to the eudit reaulrements oft CFR'Part 200 Subpart F
Corn lete the information below and check the appropriate box
❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] 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.office(dmil.wa.gov or provide the state auditor report number:
❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] , 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.officeCa�,,-mil.wa.gov or provide the s to auditor report number:
(� Our o pleted 2 CFR Part 200 Subpart F Audit will be available on I Z V b[enter date]for Fiscal Year ending
(� 3/ enter date]. We will provide electronic copy of the audit report to contracts.offic�a.gov at that time or
r vi a the state auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form, Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed,
Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award
funds from the Department until the grant agreement is closed.
Signature of Authorized Chief Financial Offi —` Date: Novembers,2015
Print Name &Title: Frank Pinter,Budget Manager
WMD Farm 1009.13,611912013,Updated 919l2015