HomeMy WebLinkAboutFranklin Co Emergency Management (FCEM) PSA - Various Counties 09.01.2104PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT & BENTON, WALLA WALLA, YAKIMA,
KLICKITAT COUNTIES & YAKAMA NATION
THIS CONTRACT is made and entered into in duplicate originals by and between
FRANKLIN COUNTY EMERGENCY MANAGEMENT, a political subdivision of Franklin County,
with its office located at 502 Boeing Street, Pasco, Washington 99301, hereinafter "FCEM," and
the City of Pasco, with their principal office at 525 N. Third Ave., Pasco, Washington 99301,
hereinafter "CONTRACTOR."
In consideration of the mutual benefits and covenants contained herein, the parties agree
as follows:
1. DURATION OF CONTRACT
The term of this Contract shall begin 1 September 2014, and shall terminate 31
May 2016.
2. SERVICES PROVIDED BY THE CONTRACTOR
The CONTRACTOR shall perform the following services:
Plan, train, and exercise their emergency responders and assess the readiness of their
jurisdictions, (Benton, Franklin, Klickitat, Walla Walla, Yakima and Yakama Nation Tribe), to
prepare for and respond to a terrorist attack.
a. A detailed description of the services to be performed by the
CONTRACTOR is set forth in Exhibit "A," which is attached hereto and incorporated herein by
reference.
b. The CONTRACTOR agrees to provide its own labor and materials. Unless
otherwise provided for in the Contract, no material, labor, or facilities will be furnished by FCEM.
C. The CONTRACTOR shall complete its work in a timely manner and in
accordance with the schedule agreed to by the parties and stipulated in Washington State
Contract #: E15-118, IFFY 2014 Homeland Security Grant Program, State Homeland Security
Program, CFDA #: 97.067 - HSGP. Two items need to be noted: 1.) At a minimum, 25% of the
2014 SHSP award must be spent on law enforcement terrorism prevention -activities; 2.) The
Contractor will not be reimbursed for personnel costs in excess of 50% of their portion of the
2014 SHSP award.
d. The CONTRACTOR WILL prepare and present status reports semi-
annually and other information that may be pertinent and necessary, or as may be requested by
FCEM. Reimbursements will be held if not completed.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 1 of 19
e. The Contractor shall use the funds to perform tasks as described in the
Statement of Work and Budget portions of this contract.
f. The Contractor shall submit required Progress Reports to the Region 8
Lead County as required in the contract Milestones.
g. The Contractor shall submit at a maximum -monthly and a minimum -
quarterly, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement
Spreadsheet to FCEM for costs incurred.
h. The Contractor agrees that all exercises must comply with the Homeland
Security Exercise Evaluation Program (HSEEP). Upon completion of the exercise, an After
Action Report and an Improvement Plan must be prepared and submitted to the FEMA portal
within 60 days of completion of the exercise. Reimbursements for exercise related expenditures
cannot be made until this requirement has been met.
i. The Contractor agrees that to receive any federal preparedness funding, all
environmental and Historical Protection (EHP) Program compliance requirements outlined in
applicable guidance must be met. The Contractor is advised that all projects that involve
disturbing earth, communication towers, physical security enhancements, new construction,
renovation, and modifications to buildings and structures that are 50 years old or older require
EHP review. All other projects, including training and exercise activities, must be evaluated to
determine impact. If impact is identified they must also go through an EHP review.
j. The Contractor agrees that to receive any federal preparedness funding, all
National Incident Management System (NIMS) compliance requirements outlined in applicable
guidance must be met.
k. The Contractor agrees that grant funds may not be used to replace or
supplant existing funding.
The Contractor agrees to provide a match of $0 of non-federal origin.
M. The Contractor acknowledges that since this contract involves federal
funding, the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Contractor agrees that it will not hold FCEM, 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 contract prior to distribution of
appropriated federal funds.
n. The Contractor agrees that it will not hold FCEM, the State of Washington,
or the United States liable for any damages, claim for reimbursement or any type of payment if
federal funds are not appropriated or are not appropriated in a particular amount.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 2 of 19
3. SERVICES PROVIDED BY FCEM
In order to assist the CONTRACTOR in fulfilling its duties under this Contract, FCEM
shall provide the following:
a. Relevant information as exists to assist the CONTRACTOR with the
performance of the CONTRACTOR'S services.
b. Coordination with other Counties or other Consultants as necessary for the
performance of the CONTRACTOR'S services.
C. Reimbursement for planning, training, and exercise to be vouchered in a
timely manner.
4. CONTRACT REPRESENTATIVES
a. For CONTRACTOR: City of Pasco
Name of Representative: Dave Zabell
Title: City Manager
Mailing Address: 525 N. Third Ave.
City, State, and Zip Code: Pasco, Washington, 99301
Telephone Number: (509) 545-3404
Fax Number: (509) 545-3403
E -Mail Address: zabelld0)pasco-wa.us
b. For FCEM: Franklin County Emergency Management:
Name of Representative: Sean T. Davis
Title: Director
Mailing Address: 502 Boeing Street
City, State, and Zip Code: Pasco, WA 99301
Telephone Number: (509) 545-3546
Fax Number: (509) 545-2139
CONTRACT NUMBER: E15-118 (SHSP '14) Page 3 of 19
E-Mail Address: sdavis(ir)co.franklin.wa.us
5. COMPENSATION
a. For the services performed hereunder, the CONTRACTOR shall be paid by
reimbursement through state A-19 process not to exceed $30,000.00 for the duration of this
contract.
b. No payment shall be made for any work performed by the CONTRACTOR,
except for work identified and set forth in this Contract or supporting exhibits or attachments.
C. The CONTRACTOR may, in accordance with Exhibit "B," submit invoices to
FCEM not less than quarterly and not more than once per month during the progress of the
work for partial payment of work completed to date. Invoices shall cover the time
CONTRACTOR performed work for FCEM during the billing period. FCEM shall pay the
CONTRACTOR for services rendered in the month following the actual delivery of the work and
will remit payment within thirty (30) days from the date of billing.
d. The CONTRACTOR shall not be reimbursed for services rendered under
this Contract unless and until they have performed in compliance with the state contract.
e. In the event the CONTRACTOR has failed to perform any substantial
obligation to be performed by the CONTRACTOR under this Contract and such failure has not
been cured within ten (10) days following notice from FCEM, then FCEM may, in its sole
discretion, upon written notice to the CONTRACTOR, withhold any and all monies due and
payable to the CONTRACTOR, without penalty, until such failure to perform is cured or
otherwise adjudicated. "Substantial' for purposes of this contract means faithfully fulfilling the
terms of this contract with variances only for technical or minor omissions or defects.
f. Unless otherwise provided for in this Contract or any exhibits or
attachments hereto, the CONTRACTOR will not be paid for any billings or invoices presented
for payment prior to the execution of this Contract or after its termination.
6. AMENDMENTS AND CHANGES IN WORK
a. No amendment, modification, or renewal shall be made to this Contract
unless set forth in a written Contract Amendment, signed by both parties and attached to this
Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment
is duly executed by FCEM.
7. HOLD HARMLESS AND INDEMNIFICATION
a. The CONTRACTOR does release, indemnify and promise to defend and
save harmless FCEM, its elected officials, officers, employees and agents from and against any
and all liability, loss, damages, expense, action , and claims, including costs and reasonable
CONTRACT NUMBER: E15-118 (SHSP '14) Page 4 of 19
attorney's fees incurred by FCEM, its elected officials, officers, employees and agents in
defense thereof, asserting or arising directly or indirectly on account of or out of the performance
of service pursuant to this agreement. In making such assurances, the contractor specifically
agrees to indemnify and hold harmless FCEM from any and all bodily injury claims brought by
employees of the contractor and expressly waives its immunity under the Industrial Insurance
Act as to those claims which are brought against the FCEM. Provided, however, this paragraph
does not purport to indemnify FCEM against the liability for damages arising out of bodily
injuries to person or damages caused by or resulting from the sole negligence of FCEM, its
elected officials, officers, employees and agents.
b. In any and all claims against FCEM, officers, officials, employees, and
agents by any employee of the Consultant, subcontractor, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the amount or
type of damages, compensation, or benefits payable by or for the CONSULTANT or
subcontractor under Worker's Compensation acts, disability benefit acts, or other employee
benefit acts, it being clearly agreed and understood by the parties hereto that the
CONSULTANT expressly waives any immunity the CONSULTANT might have had under such
laws. By executing the Contract, the CONSULTANT acknowledges that the foregoing waiver
has been mutually negotiated by the parties and that the provisions of this Section shall be
incorporated, as relevant, into any contract the CONSULTANT makes with any subcontractor or
agent performing work hereunder.
C. The CONTRACTOR'S obligations hereunder shall include, but are not
limited to, investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
CONTRACTOR, the CONTRACTOR'S employees, agents or subcontractors.
8. FEDERAL DEBARMENT, SUSPENSION, INELIGIBILITY, and VOLUNTARY
EXCLUSION
(Frequently Asked Questions)
What is "Debarment Suspension Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive
grants from a federal agency.
In order to be debarred, suspended or ineligible, or voluntarily excluded, you must have:
• Had a contract or grant with a federal agency, and
• Gone through some process where the federal agency notified or attempted to notify you
that you could not contract with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not
adequately performing under a contract, or have violated a regulation or law pertaining to
the contract.
Why am I required to sign this certification?
CONTRACT NUMBER: E15-118 (SHSP '14) Page 3 of 19
You are requesting a contract or grant with the Washington Military Department. Federal law
(Executive Order 12549) requires Washington Military Department ensure that persons or
companies that contract with Washington Military Department are not prohibited from having
federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order
was signed by the President and directed federal agencies to ensure that federal agencies, and
any state or other agency receiving federal funds were not contracting or awarding grants to
persons, organizations, or companies who have been excluded from participating in federal
contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (GFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that
you have not been prohibited by federal agencies from entering into a federal contract.
What does the word "proposal' mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider, or
similar communication from you to Washington Military Department.
What or who is a "lower tier participant'?
Lower tier participants means a person or organization that submits a proposal, enters into
contracts with, or receives a grant from Washington Military Department, OR any subcontractor
of a contract with Washington Military Department. If you hire subcontractors, you should
require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other
arrangement where you contract with or receive money from Washington Military Department.
Covered Transaction does not include mandatory entitlements and individual benefits.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 6 of 19
Debarment Certification: The Contractor certifies that the Contractor is not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Contract by any Federal department or agency. If requested by Washington
Military Department, the Contractor shall complete a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the
Contractor for this Contract shall be incorporated into this Contract by reference.
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
Name
Doing business as (DBA)
Address:
Applicable
DUNS #:
Federal Employer
Procurement or
Tax Identification
525 N. Third Ave.
Solicitation #, if
#:
Pasco, WA 99301
any:
91-6001264
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal
regulations require contractors and bidders to sign and abide by the terms of this
certification, without modification, in order to participate in certain transactions
directly or indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government the department or
agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the
department, institution, or office to which this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous when
submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant aggress by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is proposed for debarment under the
applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from
CONTRACT NUMBER: E15-118 (SHSP '14) Page 7 of 19
participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered
transactions, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is proposed for debarment under applicable CFR, suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may purse available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower
Tier Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. Where the prospective lower tier participant is unable to certify to any of
the statements in this certification, such prospective participant shall attach an explanation to
this form.
Bidder or Contractor Signature: z
Print Name and Title: Dave Zabell, City Manager – Pasco
Date: �( ISI
CONTRACT NUMBER: E15-118 (SHSP '14) Page 8 of 19
9. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) COMPLIANCE
CERTIFICATION:
The Contractor understands National Incident Management System (NIMS) compliance is
required to receive Federal preparedness assistance grants beginning October 1, 2006. The
Contractor certifies, by signing this agreement, that the contractor and its principals have met
NIMS compliance requirements and state reporting requirements and shall meet NIMS
compliance requirements and state reporting requirements for subsequent federal fiscal years
during the performance period of this contract. The NIMS Integration Center (NIC) web page:
http://www.fema.gov/emergency/nims provides information about NIMS and guidance to
determine the extent to which jurisdictions are already compliant, as well as identify the NIMS
requirements that have not been met. The Contractor and its principals are required to report
NIMS compliance to the State via the online form available on the State's homepage:
hftr)://www.emd.wa.aov/.
It is understood that failure to comply with NIMS standards/requirements will result in
loss/recapture of funding from Homeland Security Grants.
Bidder or Contractor Signature:
Print Name and Title: Dave Zabell, City Manager — Pasco
Date: (( I3 � �k+
CONTRACT NUMBER: E15-118 (SHSP '14) Page 9 of 19
10. TERMINATION
a. FCEM may terminate this Contract in whole or in part whenever FCEM
determines, in its sole discretion that such termination is in the best interests of FCEM. FCEM
may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the
CONTRACTOR. In that event, FCEM shall pay the CONTRACTOR for all cost incurred by the
CONTRACTOR in performing the Contract up to the date of such notice. Payment shall be
made in accordance with Section 5 of this Contract.
b. In the event that funding for this project is withdrawn, reduced, or limited in any
way after the effective date of this Contract, FCEM may summarily terminate this Contract
notwithstanding any other termination provision of this Contract. Termination under this
paragraph shall be effective upon the date specified in the written notice of termination sent by
FCEM to the CONTRACTOR. After the effective date, no charges incurred under this Contract
are allowable.
C. If the CONTRACTOR breaches any of its obligations hereunder, and fails to cure
the breach within ten (10) days of written notice to do so by FCEM, FCEM may terminate this
Contract, in which case FCEM shall pay the CONTRACTOR only for the costs of services
accepted by FCEM, in accordance with Section 5 of this Contract. Upon such termination,
FCEM, at its discretion, may obtain performance of the work elsewhere, and the
CONTRACTOR shall bear all costs and expenses incurred by FCEM in completing the work and
all damage sustained by FCEM by reason of the CONTRACTOR'S breach.
11. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance or waiver of any
provision(s) of this Contract does not constitute a waiver of such provision(s) or future
performance, or prejudice the right of the waiving party to enforce any of the provisions of this
Contract, at a later time.
12. INDEPENDENT CONTRACTOR
a. The CONTRACTOR'S services shall be furnished by the CONTRACTOR as an
Independent Contractor and not as an agent, employee, or servant of FCEM. The
CONTRACTOR specifically has the right to direct and control CONTRACTOR'S own activities in
providing the agreed services in accordance with the specifications set out in this Contract.
b. The CONTRACTOR acknowledges that the entire compensation for this Contract
is set forth in Section 5 of this Contract, and the CONTRACTOR is not entitled to any FCEM
benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental,
or other insurance benefits, fringe benefits, or any other rights or privileges afforded to FCEM
employees.
C. The CONTRACTOR shall have and maintain complete responsibility and control
over all of its subcontractors, employees, agents, and representatives. No subcontractor,
CONTRACT NUMBER: E15-118 (SHSP '14) Page 10 of 19
employee, agent, or representative of the CONTRACTOR shall be or deem to be or act or
purport to act as an employee, agent, or representative of FCEM.
d. The CONTRACTOR shall assume full responsibility for the payment of all payroll
taxes, use, sales, income, or other form of taxes, fees, licenses, excises, or payments required
by any city, county, federal, or state legislation which is now or may during the term of this
Contract be enacted as to all persons employed by the CONTRACTOR and as to all duties,
activities and requirements by the CONTRACTOR in performance of the work on this project
and under this Contract and shall assume exclusive liability therefor, and meet all requirements
thereunder pursuant to any rules or regulations.
13. COMPLIANCE WITH LAWS
Non-federal entities, as subrecipients of a federal award, that expend $500,000 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 the Office of
Management and Budget (OMB) Circular A -133 -Audits of States, Local
Governments,and Non -Profit Organizations (amended June 27, 2003, effective for fiscal
years ending after December 31, 2003, and further amended June 26, 2007). Non-
federal entities that spend less than $500,000 a year in federal awards are exempt from
federal audit requirements for that year, except as noted in Circular No. A-133. As
defined in Circular A-133, the term "non-federal entity" means a State, local government,
or non-profit organization, and the term "State" includes Indian tribes. Circular A-133 is
available on the OMB Home Page at http://www.omb.qov.
Sub -grantees that qualify as subrecipients 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 Comptroller General and the OMB Compliance
DHS-FEMA-HSGP-SHSP-FFY13 Page 11 of 28 Franklin County EM, E14-155
Supplement. The Sub -grantee has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A-133, to include the Washington State
Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133.
The Sub -grantee 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 Sub -grantee 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 Sub -grantee
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 Sub -grantee all disallowed costs resulting from the audit.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 11 of 19
Once the single audit has been completed, the Sub -grantee must send a full copy of the
audit to the Washington Military Department and Franklin County Emergency
Management and a letter stating there were no findings, or if there were
findings, the letter should provide a list of the findings. The Sub -grantee must send
the audit and the letter no later than nine (9) months after the end of
the Sub -grantee's fiscal year(s) to both:
Contracts Office Franklin County Emergency Management
Washington Military Department 502 Boeing Street
Finance Division, Building #1 TA -20 Pasco, WA 99301
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Sub -grantee must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If Sub -grantee claims it is exempt from the audit requirements of Circular A-133,
Subgrantee must send a letter identifying this Grant Agreement and
explaining the criteria for exemption no later than nine (9) months after
the end of the Sub -grantee fiscal year(s) to both:
Contracts Office Franklin County Emergency Management
Washington Military Department 502 Boeing Street
Finance Division, Building #1 TA -20 Pasco, WA 99301
Camp Murray, WA 98430-5032
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 Sub -grantee shall include the above audit requirements in any sub -contracts.
Conducting a single or program -specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the Sub -grantees 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 Circular A-133; 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.
14. PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub -grantee's award and execution of a contract.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 12 of 19
This requirement must be passed on to all of the Sub -grantee's sub -contractors, at which point
the Sub -grantee will be responsible for reviewing and approving their sub -contractor's sole source
justifications.
Per the 44 CFR Part 13.36, the Sub -grantee's contracts must contain the following provisions:
Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts
more than $100,000)
Termination for cause and for convenience by the Sub -grantee including the manner by which it
will be effected and the basis for settlement. (All contracts in excess of $10,000)
a. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (All
construction contracts awarded in excess of $10,000)
b. Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and sub -grants for
construction or repair)
c. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of
$2,000 awarded when required by Federal grant program legislation)
d. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR
Part 5). (Construction contracts in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers)
e. Notice of requirements and regulations pertaining to reporting.
f. Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
g. Requirements and regulations pertaining to copyrights and rights in data.
h. Access by the Department, the Sub -grantee, the Federal grantor 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.
i. Retention of all required records for six years after the Sub -grantee makes final payments
and all other pending matters are closed.
j. Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). (Contracts, subcontracts, and sub -grants of amounts in excess of
$100,000)
k. All recipients of financial assistance will comply with the requirements of the Federal
regulations at 45 CFR Part 46, which requires that recipients comply with applicable
provisions/law for the protection of human subjects for purposes of research.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 13 of 19
I. All recipients of financial assistance will comply with the requirements of Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency.
m. 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 Department for forwarding to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties. 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.
n. Sub -grantee must obtain prior 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.
o. All recipients of financial assistance will comply with the requirements 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.
15. INSPECTION OF BOOKS AND RECORDS
FCEM may, at reasonable times, inspect the books and records of the
CONTRACTOR relating to the performance of this Contract. The CONTRACTOR shall keep all
records required by this Contract for five (5) years after termination of this Contract for audit
purposes.
16. NONDISCRIMINATION
The CONTRACTOR, its assignees, delegates, or subcontractors shall not discriminate
against any person in the performance of any of its obligations hereunder on the basis of race,
color, creed, religion, national origin, age, sex, marital status, Veteran status, sexual orientation
or the presence of any disability. Implementation of this provision shall be consistent with
Initiative 200, Sec. 1 (effective 12/3/98).
17. DISPUTES
Difference between the CONTRACTOR and FCEM, arising under and by virtue of this
Contract, shall be brought to the attention of FCEM at the earliest possible time in order that
such matters may be settled or other appropriate action promptly taken. Any dispute relating to
the quality or acceptability of performance and/or compensation due the CONTRACTOR shall
be decided by FCEM'S Contract representative or designee. All rulings, orders, instructions,
and decisions of FCEM'S Contract representative shall be final and conclusive.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 14 of 19
18. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington and it is agreed by each party
hereto that this Contract shall be governed by the laws of the State of
Washington both as to its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of
competent jurisdiction in Franklin County, Washington.
19. SEVERABILITY
If a court of competent jurisdiction holds any part, term or provision of this Contract to be
illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected,
and the parties' rights and obligations shall be construed and enforced as if the Contract did not
contain the particular provision held to be invalid.
a. IF it should appear that any provision of this Contract is in conflict with any
statutory provision of the State of Washington said provision which may conflict
therewith shall be deemed inoperative and null and void insofar as it may be in
conflict therewith, and shall be deemed modified to conform to such statutory
provision.
20. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded. This contract in no way supersedes the requirements of
exhibit C.
21. NOTICES
Any notices shall be effective if personally served upon the other party or if mailed be
registered or certified mail, return receipt requested, to the addresses set out in Section 4.
Notice may also be given by facsimile with the original to follow by regular mail. Notice shall be
deemed to be given three days following the date of mailing or immediately if personally served.
For service by facsimile, service shall be effective upon receipt during working hours. If a
facsimile is sent after working hours, it shall be effective at the beginning of the next working
day.
CONTRACT NUMBER: E15-118 (SHSP '14) Page 15 of 19
The parties to this Contract have executed this Contract in original duplicates as of the
date written below.
This Contract shall take effect this 3rd day of November, 2014.
CONTRACTOR: Agency: City of Pasco
Signature:
Dave Zabell,
Agency: Franklin County Emergency Management
Signature:
Date
Sean Davis, Director Date
Approved As To Form:
STEVE M. LOWE, #14670\#91039
Prosecuting Attorney for Franklin County
CONTRACT NUMBER: EIS -118 (SHSP '14) Page 16 of 19
I/
EXHIBIT "A"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO
SERVICES PROVIDED BY THE PARTIES
1. The services to be performed by the CONTRACTOR under this Contract, which
are described in Section 2 of the Contract (SERVICES PROVIDED BY THE CONTRACTOR),
are set forth as follows:
a. Equipment: The contractor shall pay for activities associated with the acquisition
of equipment/contractors/consultants for approved projects from the State
Committee on Homeland Security and ODP.
Reimbursable expenses shall not include management and administrative
activities to include: acquisition of office equipment, non -planning homeland
security personnel (budget, finance, and administrative assistance), incidental
costs, pooled costs, indirect costs, and audit cost, etc.
No Equipment funds can be expended until the State Committee on Homeland
Security and ODP approval has been received. Each of your vendors will need to
sign a copy of the attached debarment form.
*FOR FURTHER DETAIL REFER TO EXHIBIT C
CONTRACT NUMBER: E15-118 (SHSP '14) Page 17 of 19
EXHIBIT "B"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO
COMPENSATION
1. The CONTRACTOR'S compensation under this Contract, which is described in
Section 5 of this Contract (COMPENSATION), is set forth as follows:
a. 30,000.00 for Equipment — Pasco PD 800 Mhz Interface
Total Contractual Amount: $30,000.00
CONTRACT NUMBER: E15-118 (SHSP '14) Page 18 of 19
EXHIBIT "C"
PROFESSIONAL SERVICES CONTRACT
FRANKLIN COUNTY EMERGENCY MANAGEMENT / CITY OF PASCO
1. See attached copy of contract #: E15-118
2. NIMS / NRP COMPLIANCE and implementation.
3. Submit Reports in accordance with contract #: E15-118 (attached)
4. Adhere to the provisions in this Professional Services Contract AND the
State EMD contract # E15-118. If there is a conflict between the two
documents, you will adhere to whichever is more stringent.
5. Complete Attachment #1
6. Complete W-9
7. Complete Debarment form
CONTRACT NUMBER: E15-118 (SHSP '14) Page 19 of 19
Washington Military Department Contract Number: E15-118
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
Doing business as (DBA)
ADDRESS
Applicable Procurement
WA uniform Business
Federal Employer Tax
525 N. Third Ave., Pasco, WA 99301
or Solicitation #, if any:
Identifier (UBI)
Identification
91-6001264
This certification is submitted as part of arequest to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
%
Bidder or Contractor Signature: I Date: t1\ty
Print Name and Title: Dave Zabel[, CI - aSCO
Washington Military Department Contract Number: El 5-118
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment. Suspension. Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal' mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant'?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
WORKSHEET Attachment #1
Subrecipient Agency: City d Pasco
Grant and Year: 2015
Agreement Number: E15-118
Completed
by:
Name
Title
Telephone
Date Completed:
STEP 1
Is your grant agreement less than $25,000?❑
YES
STOP, no further
analysis needed,
GO to Step 6
NO
F7GO
to Step 2
STEP 2
In your preceding fiscal year, did your
organization receive 80% or more of its annualF-1GO
gross revenues from federal funding?
YES
to STEP 3
NO
❑
STOP, no further
analysis needed, GO to
Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in1:1GO
federal funding?
YES
to STEP 4
NO
1:1analysis
STOP, no further
needed, GO to
Step 6
STEP 4
Does the public have access to information about
the total compensation' of senior executives in
your organization?
YES
❑
STOP, no further
analysis needed,
GO to step 6
NO
❑
GO to STEP 5
STEP 5
Executive #1
Name:
Total Compensation amount: $
Executive #2
Name:
Total Compensation amount: $
Executive #3
Name:
Total Compensation amount: $
Executive #4
Name:
Total Compensation amount: $
Executive #5
Name:
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria
organization: For Example: "Our organization received less than $25,000."
that is not met for your
Signature:
Date:
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
hfti):IA&,ww.whitehouse.gov/omb/open
hftp://www.hrsa.qov/.qrants/ffata.html
http://www.apo.aov/fdsys/oko/FR-2010-09-14/pdf/2010-22705. odf
htto: //www. g ra nts. g ov/
Fora,
W-7
Request for Taxpayer
Give Form to the
(Rev. August 2013)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal
Revenue Service
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
N
v
m
Check appropriate box for federal tax class'dication:
Exemptions (see instructions):
0
❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate
w
a O
Exempt Payee code (if any)
`0
❑ Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
Exemption from FATCA reporting
2
c
code (if any)
y
❑ Other (see instructions) ►
wAddress
(number, street, and apt. or suite no.)
Requester's name and address (optional)
a
525 N. Third Ave.
Franklin County Emergency Management
mCity,
state, and ZIP code
502 Boeing Street
Pasco, Q 9301
N
Pasco, WA 99336
Ust account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I social security number
to avoid backup withholding. For individuals, this is your social security number However, for a - m -
resident alien, sole proprietor, or disregarded entity, see the Part I instructions onn page 3. For other se
entities, it is your employer identification number (EIN). If you do not have a number, e How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose IEmployer identification number
number to enter.
9 1- 6 0 0 1 2 6 4
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on pace 3. _
Sign Signature of {�/— 'k �\
Here I U.S. person II -
General Instruction"
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W-9, at www.1ragov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an Information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are wafting for a number
to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
Withholding tax on foreign partners' share teffectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form If it is substantially
similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States she generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, In certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership Income.
Cat. No. 10231X Form W -U (Rev. 8-2013)
Form W-9 (Rev. 8-2013) Page'2
In the cases below, the following person must give Form W-9 to the partnership
for purposes of establishing its U.S. status and avoiding Withholding on its
allocable share of net income from the partnership conducting a trade or business
in the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the
disregarded entity and not the entity,
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally,
the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and
• In the case of a U.S. trust (other than a grantor twat), the U.S. trust (other than a
grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank
that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use
the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax
on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a nonresident
alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a provision known as
a "saving clause." Exceptions specified in the saving clause may permit an
exemption from tax to continue for certain types of income even after the payee
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the
saving clause of a tax treaty to claim an exemption from U.S. tax on certain types
of income, you must attach a statement to Form W-9 that specifies the following
five hems:
1. The treaty country. Generally, this must be the same treaty under which you
claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving
clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty
article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption
from tax for scholarship income received by a Chinese student temporarily present
in the United States. Under U.S. law, this student will become a resident alien for
tax purposes if his or her stay in the United States exceeds 5 calendar years.
However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30,
1984) allows the provisions of Article 20 to continue to apply even after the
Chinese student becomes a resident alien of the United States. A Chinese student
who qualifies for this exception (under paragraph 2 of the first pmdoco) and is
relying on this exception to claim an exemption from tax on his or her scholarship
or fellowship income would attach to Form W-9 a statement that includes the
information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
What is backup withholding? Persons making certain payments to you must
under certain conditions withhold and pay to the IRS a percentage of such
payments. This is called "backup withholding." Payments that may be subject to
backup withholding include interest, tax-exempt interest, dividends, broker and
barter exchange transactions, rents, royalties, nonemployee pay, payments made
in settlement of payment card and third party network transactions, and certain
payments from fishing boat operators. Real estate transactions are not subject to
backup withholding.
You will not be subject to backup withholding on payments you receive if you
give the requester your correct TIN, make the proper certifications, and report all
your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part It instructions on page
3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did
not report all your interest and dividends on your tax return (for reportable interest
and dividends only), or
5. You do not certify to the requester that you are not subject to backup
withholding under 4 above (for reportable interest and dividend accounts opened
after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt
payee code on page 3 and the separate Instructions for the Requester of Form
W-9 for more information.
Also sea Special rules for partnerships on page 1.
What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA)
requires a participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain payees are
exempt from FATCA reporting. See Exemption from FATCA reporting code on
page 3 and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be
an exempt payee if you are no longer an exempt payee and anticipate receiving
reportable payments in the future from this person. For example, you may need to
provide updated information if you are a C corporation that elects to be an S
corporation, or if you no longer are tax exempt. In addition, you must fumish a new
Forth W-9 if the name or TIN changes for the account, for example, if the grantor
of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are
subject to a penalty of $50 for each such failure unless your failure is due to
reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a
false statement with no reasonable basis that results in no backup withholding,
you are subject to a $500 penalty.
Criminal penalty for falsifying Information. Wilfully falsifying certifications or
affirmations may subject you to criminal penalties including fines and/or
imprisonment.
Misuse of TINS. If the requester discloses or uses TI Ns in violation of federal law,
the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name shown on your income
tax return. However, if you have changed your last name, for instance, due to
marriage without informing the Social Security Administration of the name change,
enter your first name, the last name shown on your social security card, and your
new last name.
If the account is in joint names, list first, and then circle, the name of the person
or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income tax return
on the "Name" line. You may enter your business, trade, or "doing business as
(DBA)" name on the "Business name/disregarded entity name" line.
Partnership, C Corporation, or S Corporation. Enter the entity's name on the
"Name" line and any business, trade, or "doing business as (DBA) name" on the
"Business name/disregarded entity name" line.
Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as
an entity separate from its owner is treated as a "disregarded entity." See
Regulation section 301.7701-2(c)(2)(ii). Enter the owner's name on the "Name"
line. The name of the entity entered on the "Name" line should never be a
disregarded entity. The name on the "Name" line must be the name shown on the
income tax return on which the income should be reported. For example,'f a
foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes
has a single owner that is a U.S. person, the U.S. owner's name is required to be
provided on the "Name" line. If the direct owner of the entity is also a disregarded
entity, enter the first owner that is not disregarded for federal tax purposes. Enter
the disregarded entity's name on the "Business name/disregarded entity name"
line. If the owner of the disregarded entity is a foreign person, the owner must
complete an appropriate Forth W-8 instead of a Forth W-9. This is the case even if
the foreign person has a U.S. TIN.
Note. Check the appropriate box for the U.S. federal tax classification of the
person whose name is entered on the "Name" line (Individual/sole proprietor,
Partnership, C Corporation, S Corporation, Trust/estate).
Limited Liability Company (LLC). If the person identified on the "Name" line is an
LLC, check the "Limited liability company" box only and enter the appropriate
code for the U.S. federal tax classification in the space provided. If you are an LLC
that is treated as a partnership for U.S. federal tax purposes, enter "P" for
partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be
taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as
appropriate. If you are an LLC that is disregarded as an entity separate from its
owner under Regulation section 301.7701-3 (except for employment and excise
tax), do not check the LLC box unless the owner of the LLC (required to be
identified on the "Name" line) is another LLC that is not disregarded for U.S.
federal tax purposes. If the LLC is disregarded as an entity separate from its
owner, enter the appropriate tax classification of the owner identified on the
"Name" line.
Other entities. Enter your business name as shown on required U.S. federal tax
documents on the "Name" line. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any business,
trade, or DBA name on the "Business name/disregarded entity name" line.
Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the
Exemptions box, any cme(s) that may apply to you. See Exempt payee code and
Exemption from FATCA reporting code on page 3.
Form W-9 (Rev. 8-2013) Page
Exempt payee code. Generally, individuals (including sole proprietors) are not
exempt from backup withholding. Corporations are exempt from backup
withholding for certain payments, such as interest and dividends. Corporations are
not exempt from backup withholding for payments made in settlement of payment
card or third party network transactions.
Note. If you are exempt from backup withholding, you should still complete this
form to avoid possible erroneous backup withholding.
The following codes identify payees that are exempt from backup withholding:
1—An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) if the account satisfies the requirements
of section 401(f)(2)
2—The United Slates or any of its agencies or instrumentalities
3—A state, the District of Columbia, a possession of the United States, or any of
their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies, or
instrumentalities
5—A corporation
6—A dealer in secumies or commodities required to register in the United
States, the District of Columbia, or a possession of the United States
7—A futures commission merchant registered with the Commodity Futures
Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment
Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section 4947
The following chart shows types of payments that may be exempt from backup
withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for...
THEN the payment is exempt for...
Interest and dividend payments
All exempt payees except
for 7
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.
Barter exchange transactions and
Exempt payees 1 through 4
patronage dividends
Payments over $600 required to be
Generally, exempt payees
reported and direct sales over $5,000'
1 through 52
Payments made in settlement of
Exempt payees 1 through 4
payment card or third party network
transactions
' Sea Form 1099-MISC, Miscellaneous Income, and its Instructions.
R However, the following payments made to a corporation and reportable on Form
1 D99-MISC are not exempt from backup withholding: medical and health care
payments, attorneys' fees, gross proceeds paid to an attorney, and payments for
services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees
that are exempt from reporting under FATCA. These codes apply to persons
submitting this form for accounts maintained outside of the United States by
certain foreign financial institutions. Therefore, if you are only submitting this form
for an account you hold in the United States, you may leave this field blank.
Consult with the person requesting this form if you are uncertain 0 the financial
institution is subject to these requirements.
A—An organization exempt from tax under section 501(a) or any individual
retirement plan as defined In section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a possession of the United States, or any
of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or more
established securities markets, as described in Reg. section 1.1472-1 (c)(1)(1)
E—A corporation that is a member of the same expanded affiliated group as a
corporation described in Reg. section 1.1472-1(c)(1)O
F—A dealer in securities, commodities, or derivative financial instruments
(Including notional principal contracts, futures, forwards, and options) that is
registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an amity
registered at all times during the tax year under the Investment Company Act of
1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(8) plan
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not
have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer
identification number (ITIN). Enter it in the social security number box. If you do not
have an [TIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN
or EIN. However, the IRS prefers that you use your SSN.
If you are a single -member LLC that is disregarded as an entity separate from its
owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or
EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is
classified as a corporation or partnership, enter the entity's EIN.
Note. See the chart on page 4 for further dart ication of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply
for an SSN, get Form SS -5, Application for a Social Security Card, from your local
Social Security Administration office or get this fano online at www.ssa.gov. You
may also get this forth by calling 1-800-772-1213. Use Form W-7, Application for
IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4,
Application for Employer Identification Number, to apply for an EIN. You can apply
for an EIN online by accessing the IRS website at www.irs.govIbuslnesses and
clicking on Employer Identification Number (EIN) under Starting a Business. You
can gel Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -
TAX -FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN
and write "Applied For" in the space for the TIN, sign and date the form, and give it
to the requester. For interest and dividend payments, and certain payments made
with respect to readily tradable instruments, generally you will have 60 days to get
a TIN and give it to the requester before you are subject to backup withholding on
payments. The 60 -day rule does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you provide your TIN to
the requester.
Note. Entering "Applied For" means that you have already applied for a TIN or that
you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the
appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien,
sign Form W-9. You may be requested to sign by the withholding agent even if
items 1, 4, or 5 below indicate otherwise.
For a joint account, only the person whose TIN Is shown in Part I should sign
(when required). In the case of a disregarded entity, the penton identified on the
"Name" line must sign. Exempt payees, sea Exempt payee code earlier.
Signature requirements. Complete the certification as indicated in items 1
through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984
and broker accounts considered active during 1953. You must give your
correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened attar
1983 and broker accounts considered inactive during 1983. You must sign the
certification or backup withholding will apply. If you are subject to backup
withholding and you are merely providing your correct TIN to the requester, you
must cross out Rem 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out
Rem 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign
the certification unless you have been notified that you have previously given an
incorrect TIN. "Other payments" include payments made in the course of the
requester's trade or business for rents, royalties, goods (other than bills for
merchandise), medical and health care services (including payments to
corporations), payments to a nonemployee for services, payments made in
settlement of payment card and third party network transactions, payments to
certain fishing boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
S. Mortgage interest paid by you, acquisition or abandonment of secured
property, cancellation of debt, qualified tuition program payments (under
section 529), IRA, Coverdell ESA, Archer MSA or MSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you
do not have to sign the certification.
Form W-9 (Rev. 8-2013)
What Name and Number To Give the Requester
For this type of account
Give name and SSN of:
1. Individual
The individual
2. Two or more individuals Joint
The actual owner of the account or,
account)
9 combined funds, the first
individual on the account'
3. Custodian account of a minor
The minor'
(Uniform Gift to Minors Act)
4. a. The usual revocable savings
The grantor -trustee
trust (grantor is also trustee)
b. So-called trust account that is
The actual owner
not a legal or valid trust under
state law
5. Sole proprietorship or disregarded
The owner'
entity owned by an individual
6. Grantor trust filing under Optional
The grantor'
Form 1099 Filing Method 1 (see
Regulation section 1.671-4(b)(2)()(A))
For this type of account
Give name and EIN of:
7. Disregarded entity not owned by an
The owner
individual
8. A valid trust, estate, or pension trust
Legal entity'
9. Corporation or LLC electing
The corporation
corporate status on Form 8832 or
Form 2553
10. Association, club, religious,
The organization
charitable, educational, or other
tax-exempt organization
11. Partnership or mufti -member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. Account with the Department of
The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
14. Grantor trust filing under the Form
The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.671-4(b)(2)(i)(3))
Dat first and circle the name of the person whose number you furnish. If only one person on a
joint account has an SSN, thin person's number must be furnished.
s Circle the miiwr's name and furnish the mimes SSN.
°You mus[ show your individual name and you may also enter your business or'DBA' name on
the 'Business, namelden gartled entity" name line. You may use either your SSN or EIN Of you
have one), but the IRS encourages you to use your SSN.
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity need is not designated in Me account
title.) Also see Special rvks for psrfnersNps on page 1.
'Note. Grantor also must provide a Form W-9 to trustee of trust.
Note. If no name is circled when more than one name is listed, the number will be
considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your
name, social security number (SSN), or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use your SSN to
get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from
the IRS, respond right away to the name and phone number printed on the IRS
notice or letter.
If your tax records are not currently affected by identity theft but you think you
are at risk due to a lost or stolen purse or wallet, questionable credit card activity
or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit
Form 14039.
For more Information, see Publication 4535, Identity Theft Prevention and Victim
Assistance.
Victims of Identity theft who are experiencing economic harm or a system
problem, or are seeking help in resolving tax problems that have not been resolved
through normal channels, may be eligible for Taxpayer Advocate Service (TAS)
assistance. You can reach TAS by calling the TAS toll-free case intake line at
1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious malls or phishing schemes. Phishing is the
creation and use of email and websites designed to mimic legitimate business
mails and websites. The most common act is sending an email to a user falsely
claiming to be an established legitimate enterprise in an attempt to scam the user
into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via malls. Also, the IRS does
not request personal detailed information through email or ask taxpayers for the
PIN numbers, passwords, or similar secret access information for their credit card,
bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, toward this
message to phishing®irs.gov. You may also report misuse of the IRS name, logo,
or other IRS property to the Treasury Inspector General for Tax Administration at
1-800-366-4484. You can forward suspicious mails to the Federal Trade
Commission at: spamGuce.gov or contact them at wienvAc.gov/idtheft or 1-877-
IDTHEFT (1-877-438-4338).
Visit IRS.gov to Team more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with
the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation
of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS,
reporting the above Information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District
of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to
federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN
whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other
payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non -Profit Organizations
Contact Information
Subrecipient (Sub -Grantee) Name (Agency, Local Government, or Organization): City of Pasco
Authorized Chief Financial Officer (Central Accounting Office):
Address: 525 N. Third Ave., Pasco, WA 99301
Email: Phone #:
Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division (WMD/EMD) is
required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure federal awards are used for
authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during their focal year have met the OMB
Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal entity that
expends federal giant funds received from MIL/EMD as a pass-through entity to carry out a federal program. OMB Circular A-133 can be found at
hunt//wrvw.trhitehouse.eoo/sites/defauldfiles/omWasseb/a133/a133 retried ?007.rd1, and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall have a single or
programspecifsc audit conducted for that year. If your entity is not subject to A-133 requirements, you must complete Section A of this Form. If
your entity is required to complete an A-133 Audit, you must complete Section B of this form. When completed, you must sign, date, and return
this form with your grant agreement contract and every fiscal year thereafter until the grant agreement contract 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.
SMYONA: E26desNOTsub'edrothe audit eutsofOMBL}icuhrA-133
Our entity is not subject to the requirements of OMB Circular A-133 because (check all that apply):
❑ We did not expend $500,000 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.
SMYONB: Euti/ies dratAREsubied to the r Wnn cotta ofOAM Cmru/arA-133
(Complete the information below and check the appropriate box)
❑ We completed our last A-133 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. offim@miLwa.gov car provide the state anducir report
❑ We completed our last A-133 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 mcludes exceptions, corrective action plan and management response, is either provided
efectromc* to contracts.oliuz@mu7.wa.gov car provide the state auditor report number.
❑ Our completed A-133 Audit will be available on [enter date] for Fiscal Year ending [enter date]_.
We will forward a copy of the audit report to you at that time unless it will be available online at:
http://www.
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 subrecipient of federal grant funds from MIL/EMD
until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer:
Print Name & Title:
WMD Fonn 1009-13, 8/19/2013
Washington State Military Department
HOMELAND SECURITY GRANT AGR1=t=M1=1UT CAPC QUCCT
1. Sub -grantee Name and Address:
2. Grant Agreement Amount
�3. Grant Agreement Number:
Franklin County Emergency Management
502 West Boeing Street
Pasco, WA 99301-7116
$64,561
E15-118
4. Sub -grantee Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
.Sean Davis, (509) 545-3546
sclavi c . ra klin.wa.0 9N/2014 7131!2016
7. Department Program Manager, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue):
Blessing Guillermo, (253) 512-7463
BIsin'll 134161517 601-691-678
mil.wa. ov
10. Funding Authority:
Washington State Military Department (the "Department") and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source
12. Program Index# & OBJ/SUB-OJ:
I
13. Catalog of Federal Domestic
14. TIN:
Agreement #:
743SZ, 743SH, 743SB,
Assistance (CFDA) # & Title:
EMW-2014SS-00016S01
743SL, 743SC, 743SQ / NZ
97.067 — HSGP (14SHSP)
91-1 71 98 50
15. Service Districts:
16. Service Area by County(ies):
17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 16
BY CONGRESSIONAL DISTRICT: 4
Franklin County
ty
Certified?: X N/A ❑ NO
❑ YES, OMWBE #
18. Agreement Classification
19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't
❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other
❑ Intergovernmental RCW 39.34 ❑ Interagency
20. Sub -Grantee Selection Process:
"To
21. Sub -Grantee Type (check all that apply)
X all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For -Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization/Jurisdiction X Non -Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO
❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE: Program Objectives
The FY 2014 Homeland Security Grant Program (HSGP) plays an important role in the implementation of the National Preparedness System by
supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal) of a
secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government,
organization, or community, but rather, require the combined effort of the whole community. The FY 2014 HSGP supports core capabilities across
the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. HSGP is comprised of three
interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden
(OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training,
exercises, and management and administration.
The Sub -grantee's preparedness activities (scope), timeline (schedule) and budget are detailed in Exhibits C, D and E. Highlighted information in
Exhibit C, Work Plan/ Approved Projects, denote project scope that needs further development. This will be completed through amendment of this
agreement and by the timespecified in Exhibit D, Timeline.
IN WITNESS WHEREOF, the Department and Sub -Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and
year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work
Plan/Approved Projects (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 Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be
deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant 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
2. Approved Projects
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE P�RTMENT: LL FO��THE SU�B-G TEE:
Signature Date Signature Date
Richard A. Woodruff, Contracts Administrator Brad Peck, Chairman
Washington State Military Department Franklin County Emergency Management Board
BOILERPLATE APPROVED AS TO FORM:
APPROVED AS TO FORM (if applicable):
Brian E. Buchholz (Signature on file) 9/11/2014
Assistant Attorney General
Applicant's Legal Review Date
DHS-FEMA-HSGP-SHSP-FFY14 Page 1 of 34 Franklin County EM, El 5-118
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
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
CI IQ_r_RAAITFF MII ITARY nFPARTMFNT
Name
Sean Davis
Name
Blessing Guillermo
Title
Director
Title
Program Manager
E -Mail
Sdavis((Dco.franklin.wa.us
E -Mail
blessin uillermo mil.wa. ov
Phone
(509)545-3546
Phone
(253) 512-7463
Name
Jacqueline Cook
Name
Deborah Henderson
Title
Administrative Executive
Title
Program Coordinator
E -Mail
jcook(cD o.franklin.wa.us
E -Mail
Deborah. henderson mil.wa. ov
Phone
(509)545-3546
Phone
(253)512-7470
Name
Name
Tirzah Kincheloe
Title
Title
Program Assistant
E -Mail
E -Mail
Tirzah.kincheloe mil.wa. ov
Phone
Phone
253-512-7456
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub -grantee shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by FEMA applicable to the FY 2014 HSGP Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Homeland Security Grant
Program" document published by FEMA, the DHS Award Announcement Letter for Grant No.
EMW-2014-SS-00016-S01, and the federal regulations commonly applicable to DHS/FEMA
grants, which are incorporated herein by reference.
The Sub -grantee acknowledges that since this Agreement involves federal funding, the period
of performance described herein will likely begin prior to the availability of appropriated federal
funds. The Sub -grantee 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.
The Sub -grantee 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 if federal
funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHS/FEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT & BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement. Within the total
Agreement amount, travel, sub -contracts, salaries and wages, 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. Any travel or subsistence reimbursement allowed under the Agreement
shall be paid in accordance with rates set pursuant to RCW 43.03.050
DHS-FEMA-HSGP-SHSP-FFY14 Page 2 of 34 Franklin County EM, E15-118
and RCW 43.03.060 as now existing or amended, but shall not exceed
federal maximum rates set forth at http://www.gsa.gov without prior
written approval by Department key personnel.
C. Receipts and/or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub -grantee and be made available upon request by the Department,
and local, state, or federal auditors.
d. The Sub -grantee 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.
Reimbursement requests must be submitted to
HLS.Reimbursements@mil.wa.gov no later than the due dates listed
within the Milestone Timeline (Exhibit D), but not more frequently than
monthly.
e. Any request for extension of a due date will be treated as a request for
Amendment of the Agreement and must be submitted to the
Department's 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.
f. All work under this Agreement must end on or before the Agreement End
Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Agreement End Date, except as
otherwise authorized by written amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. 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 Agreement Amount.
h. No equipment or supply costs will be reimbursed until the related
equipment/supplies have been received by the Sub -grantee and invoiced
by the vendor.
i. Requests for reimbursement of equipment purchases must include a copy
of the vendor's invoice and packing slip or a statement signed and dated
by the Sub -grantee's authorized representative that states "all items
invoiced have been received in good working order, are operational, and
have been inventoried according to contract and local procurement
requirements".
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement (including but not limited to those reports in
the Milestone Timeline) will prohibit the Sub -grantee 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 if the
Sub -grantee is not current with all reporting requirements contained in
this Agreement.
I. Cumulative changes to budget categories in excess of 10% of the
Agreement amount will not be reimbursed without prior written
authorization from the Department. In no case shall the total budget
amount exceed the Agreement amount. Budget categories are as
DHS-FEMA-HSGP-SHSP-FFY14 Page 3 of 34 Franklin County EM, E15-118
specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not be reimbursed.
M. The Sub -grantee is to ensure that Federal funds received under this
Agreement do not replace (supplant) funds that have been budgeted for
the same purpose through non -Federal sources. The HSGP Program
prohibits supplanting, and the Sub -grantee 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.
2. REPORTING REQUIREMENTS
a. The Sub -grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought in the format provided by the Department.
b. The Sub -grantee 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 Attachment #1 attached to and made a part
of this Agreement.
C. The Sub -grantee shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement, by the Sub -grantee or a
contractor, will be recorded and maintained in the Sub -grantee's equipment
inventory system.
a. Allowable equipment categories for the FY 2014 HSGP Program are
listed on the web -based version of the Authorized Equipment List (AEL)
located at the DHS Lessons Learned Information Sharing Responder
Knowledge Base Home Page sponsored by FEMA at
http://www.Ilis.dhs.gov/knowledgebase. Reimbursement will only be
provided for purchases of the following equipment: (1) equipment
identified on the AEL as applicable to the HSGP program for which the
Sub -grantee has received written approval from the Department Key
Personnel prior to purchase and, (2) equipment not identified on the AEL
as allowable under the HSGP Program for which the Sub -grantee has
received written approval from FEMA through the Department Key
Personnel prior to purchase. Sub -grantees must contact the Department
Key Personnel for assistance in seeking FEMA approval for purchase of
equipment not on the AEL. Unless expressly provided otherwise, all
equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using HSGP Program funds. No
reimbursement will be provided unless the appropriate prior written
approval has been provided.
b. Upon successful completion of the terms of this Agreement, all equipment
purchased through this Agreement will be owned by the Sub -grantee, or a
recognized sub -recipient for which a contract, sub -Grant Agreement, or
other means of legal transfer of ownership is in place.
C. The Sub -grantee, or a recognized sub-recipient/sub-contractor, shall be
responsible for any and all operational and maintenance expenses and
for the safe operation of their equipment including all questions of liability.
The Sub -grantee shall develop appropriate maintenance schedules and
DHS-FEMA-HSGP-SHSP-FFY14 Page 4 of 34 Franklin County EM, E15-118
procedures to ensure the equipment is well maintained and kept in good
operating condition.
d. The Sub -grantee shall maintain equipment records that include: a
description of the property; the manufacturer's serial number, model
number, or other identification number; the source of the equipment,
including the 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.
e. Records for equipment shall be retained by the Sub -grantee 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 Sub -grantee until all litigation,
claims, or audit findings involving the records have been resolved.
f. The Sub -grantee shall take a physical inventory of the equipment and
reconcile the results with the property records at least once every two
years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the
Sub -grantee to determine the cause of the difference. The Sub -grantee
shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
g. The Sub -grantee 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.
h. If the Sub -grantee is authorized or required to sell the property, proper
sales procedures must be established and followed to ensure the highest
possible return.
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, disposition of the equipment will be made
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
Sub -grantee 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 Sub -grantee shall
compensate the Federal -sponsoring agency for its share.
j. As a recipient of federal funds, the Sub -grantee must pass on equipment
management requirements that meet or exceed the requirements outlined
above for all sub -contractors, consultants, and sub -recipients who receive
pass-through funding from this Agreement.
k. The Sub -grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub -grantees are solely responsible for
ensuring equipment eligibility.
4. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub -grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
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a. Sub -grantees 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 FEMA EHP review process.
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 Sub -grantee 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 released to carry out the proposed project.
5. PROCUREMENT
The Sub -grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement, and as specified in the General Terms and Conditions,
Exhibit B, A.28. All sole source contracts expected to exceed $100,000 must be
submitted to the Department for review and approval prior to the Sub -grantee's
award and execution of a contract. This requirement must be passed on to all of
the Sub -grantee's sub -contractors, at which point the Sub -grantee will be
responsible for reviewing and approving their sub -contractors' sole source
justifications.
6. SUB -GRANTEE MONITORING
a. The Department will monitor the activities of the Sub -grantee 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 OMB Circular A-133, Audits of States, Local
Governments and Non -Profit Organizations.
b. To document compliance with OMB Circular A-133 requirements, the
Sub -grantee shall complete and return to the Department Attachment #2
"OMB Circular A-133 Audit Certification Form" with the signed Agreement
and each fiscal year thereafter until the Agreement is closed, upon which
the completed form is incorporated in and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of 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 Sub -grantee is required to meet or exceed the monitoring activities,
as outlined above, for all sub -contractors, consultants, and sub -recipients
who receive pass-through funding from this Agreement.
DHS-FEMA-HSGP-SHSP-FFY14 Page 6 of 34 Franklin County EM, E15-118
7. 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, organizing, equipping, training and
exercising needed to build and sustain the core capabilities in support of
the National Preparedness Goal.
C. The Sub -grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include HSGP, NIMS
compliance requirements for 2014 must be met.
B. HSGP SPECIFIC REQUIREMENTS
1. FFY 2014 HSGP stipulates the following for overall grant funding:
a. Up to five percent of HSGP funds awarded may be used for management
and administrative purposes directly related to administration of the grant.
b. At least twenty-five percent of the combined HSGP funds allocated under
SHSP and UASI are to be dedicated towards law enforcement terrorism
prevention activities (LETPA). The LETPA allocation can be from SHSP,
UASI or both.
C. Personnel expenses may not exceed fifty percent of the HSGP award.
d. Percentages applicable to the Sub -grantee under this Grant Agreement
may differ from the above overall FFY 2014 HSGP grant stipulations as
the requirements apply to the overall grant program:
i. The Grant Agreement percentage for management and administration
purposes may be less than, but will not exceed, the maximum five
percent.
ii. The Grant Agreement LETPA percentage may vary, but the Sub-
grantee must meet the percentage identified on the Budget Sheet as
a minimum.
iii. The Grant Agreement percentage for personnel expenses may vary,
but the Sub -grantee must not exceed the percentage identified on the
Budget Sheet.
2. Use of funds must be consistent with and supportive of implementation of the
State Homeland Security Strategy.
3. SHSP-funded projects must address the identified planning, organization,
equipment, training, and exercise needs to prevent, protect against, respond to,
and recover from acts of terrorism and other catastrophic events.
In addition, SHSP projects are to support the implementation of the National
Preparedness Guidelines, the National Incident Management System, the
National Response Framework, the National Strategy for Information Sharing,
the National Infrastructure Protection Plan, and the State Preparedness Report.
DHS-FEMA-HSGP-SHSP-FFY14 Page 7 of 34 Franklin County EM, E15-118
4. UASI-funded projects must address the unique planning, organization,
equipment, training, and exercise needs of high -threat, high-density Urban
Areas, and assists them in building an enhanced and sustainable capacity to
prevent, protect against, respond to, and recover from acts of terrorism.
5. OPSG-funded projects must enhance cooperation and coordination among local,
tribal, territorial, state, and federal law enforcement agencies in a joint mission to
secure the United States' borders along routes of ingress from international
borders to include travel corridors in States bordering Mexico and Canada, as
well as States and territories with international water borders.
6. The Sub -grantee shall use HSGP funds only to perform tasks as described in the
Work Plan, as approved by the Department.
7. Exercises should be managed and executed in accordance with the Homeland
Security Exercise and Evaluation Program (HSEEP). Upon completion of the
exercise, an After Action Report and an Improvement Plan must be prepared and
submitted as stipulated in the https://hseep.dhs.,qov/pages/1001 HSEEP7.aspx
8. Sub -grantees will provide reports and/or assist with completion of reports
required by the grant including but not limited to the SPR, THIRA, core
capabilities assessment, and data calls.
9. The Sub -grantee shall submit all proposed equipment purchases for preapproval
to the Department's Equipment Subcommittee, to ensure that the requested
equipment is on the Authorized Equipment List, is aligned with the statewide
equipment purchasing strategy, and meets all statewide interoperability and
standardization requirements. This requirement does not pertain to OPSG. No
reimbursement for equipment costs shall be made until approval has been
provided by the Equipment Subcommittee.
10. Equipment purchased with funds from DHS grant programs is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland Security"
whenever possible.
C. DHS FFY14 HSGP TERMS AND CONDITIONS
As a recipient of HSGP Program funding, the Sub -grantee shall comply with all applicable DHS
terms and conditions of the FFY14 HSGP Award Letter documents for DHS Grant No. EMW-
2014-SS-00016-S01, which are incorporated herein by reference, including but not limited to the
following:
1. Assurances, Administrative Requirements and Cost Principles
a. The Grantee, as a recipient of DHS federal financial assistance, must complete OMB
Standard Form 424B 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 requirements that apply to Sub -grantees of DHS awards originate
from two sources:
• Office of Management and Budget (OMB) Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (also known as the "A-102 Common Rule").
These A-102 requirements are also located within DHS regulations at Title
44, Code of Federal Regulations (CFR) Part 13.
• OMB Circular A-110, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations, relocated to 2 CFR Part 215.
b. The cost principles that apply to Sub -grantees of DHS awards through a grant or
cooperative agreement originate from one of the following sources:
DHS-FEMA-HSGP-SHSP-FFY14 Page 8 of 34 Franklin County EM, E15-118
• OMB Circular A-21, Cost Principles for Educational Institutions, relocated to
2 CFR Part 220.
• OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
• OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated
to 2 CFR Part 230.
The audit requirements for State, Local and Tribal Sub -grantees of DHS awards
originate from:
• OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations.
2. Acknowledgment of Federal Funding from DHS
All Sub -grantees must acknowledge their use of federal funding when issuing statements, press
releases, request for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with Federal funds.
3. Activities Conducted Abroad
All Sub -grantees 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.
4. Best Practices for Collection and Use of Personally Identifiable Information
(PII)
All Sub -grantees who collect PH are required to have a publically-available privacy policy that
describes what PII they collect, how they use the PII, whether they share PH with third parties,
and how individuals may have their PH corrected where appropriate.
Sub -grantees may also find as a useful resource the DHS Privacy Impact Assessments:
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf, respectively.
5. Copyright
All Sub -grantees 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).
6. Debarment and Suspension
All Sub -grantees 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.
Drug -Free Workplace Regulations
All Sub -grantees must comply with the Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et
seq.), which requires that all organizations receiving grants from any Federal agency agree to
maintain a drug-free workplace. These regulations are codified at 2 CFR 3001.
8. Duplication of Benefits
State, Local and Tribal Sub -grantees must comply with 2 CFR Part §225, Appendix A, paragraph
(C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective
under the principles provided for in this authority may not be charged to other Federal awards to
overcome fund deficiencies.
DHS-FEMA-HSGP-SHSP-FFY14 Page 9 of 34 Franklin County EM, E15-118
9. False Claims Act and Program Fraud Civil Remedies
All Sub -grantees 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.
10. Federal Debt Status
All Sub -grantees 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 SF42413, item number 17 for additional
information and guidance.
11. Fly America Act of 1974
All Sub -grantees 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 B138942.
12. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a),
all Sub -grantees 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, 15 U.S.C. §2225.
13. Lobbying Prohibitions
All Sub -grantees 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 any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with any Federal
action concerning the award or renewal.
14. Non -supplanting Requirement
Sub -grantees 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 sources. Where federal statues for a particular program prohibits
supplanting, Sub -grantees 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.
15. Trafficking Victims Protection Act of 2000
All Sub -grantees 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), located at 2 CFR Part 175. This is implemented in accordance with OMB
Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.
In accordance with the statutory requirement, each agency award under which funding is
provided to a private entity, Section 106(g) of the NPA, as amended, requires the agency to
include a condition that authorizes the agency to terminate the award, without penalty, if the Sub-
grantee —
a. Engages in severe forms of trafficking in persons during the period of time that the
award is in effect;
b. Procures a commercial sex act during the period of time that the award is in effect; or
c. Uses forced labor in the performance of the award or subawards under the award.
DHS-FEMA-HSGP-SHSP-FFY14 Page 10 of 34 Franklin County EM, E15-118
Full text of the award term is provided at 2 CFR § 175.15.
16. USA Patriot Act of 2001
All Sub -grantees must comply with the 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.
17. Use of DHS Seal, Logo and Flags
All Sub -grantees 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.
18. DHS Specific Acknowledgements and Assurances
All Sub -grantees 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.
a. Sub -grantees must cooperate with any compliance review or complaint
investigation conducted by DHS.
b. Sub -grantees 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.
C. Sub -grantees must submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
d. Sub -grantees must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed in program guidance.
e. If, during the past three years, the Sub -grantee 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 Sub-
grantee 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.
f. 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 Sub -grantee, or the
Sub -grantee settles a case or matter alleging such discrimination, Sub -grantees
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.
19. Incorporation by Reference of Funding Opportunity Announcement
The Funding Opportunity Announcement for this program is hereby incorporated into this
Agreement by reference. By accepting this award and entering this Agreement, the Sub -grantee
agrees that all allocations and use of funds under this grant will be in accordance with the
requirements contained in the HSGP Funding Opportunity Announcement.
DHS-FEMA-HSGP-SHSP-FFY14 Page 11 of 34 Franklin County EM, E15-118
20. 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, Sub -
grantees will be notified of the changes in writing. Once notification has been made, any
subsequent request for funds will indicate Sub -grantee 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@dhs.gov if
you have any questions.
21. Age Discrimination Act of 1975
All Sub -grantees must comply with the requirements of the Age Discrimination Act of 1975 (42
U.S.C. § 6101 at seq.), which prohibits discrimination on the basis of age in any program or
activity receiving Federal financial assistance.
22. Americans with Disabilities Act of 1990
All Sub -grantees must comply with the requirements of Titles I, ll, 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).
23. Title VI of the Civil Rights Act of 1964
All Sub -grantees must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42
U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, 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.
24. Civil Rights Act of 1968
All Sub -grantees must comply with Title VIII of the Civil Rights Act of 1968, which prohibits Sub -
grantees 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 CFR 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 CFR § 100.201).
25. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All Sub -grantees must comply with the Title A of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that Sub -grantees 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, Sub -grantees 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 Sub -grantee 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
hftps:/Iwww.dhs.gov/guidance-published-help-department-supported-organ izations-provide-
meaningful-accesspeople-limited and additional resources on http://www.lep.gov.
DHS-FEMA-HSGP-SHSP-FFY14 Page 12 of 34 Franklin County EM, E15-118
26. SAFECOM
Sub -grantees 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.
27. Title IX of the Education Amendments of 1975 (Equal Opportunity in
Education Act)
All Sub -grantees must comply with the requirements of Title IX of the Education Amendments of
1972 (20 U.S.C. § 1681 at 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.
These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
28. Rehabilitation Act of 1973
All Sub -grantees 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.
29. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
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).
Where and when to report.
• You must report each obligating action described in paragraph a.1. of
this award term to hfto://www.fsrs.gov.
• 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.)
iii. What to report. You must report the information about each obligating action
in accordance with the submission instructions posted at http:// www.fsrs.gov
specify.
b. Reporting Total Compensation of Recipient Executives.
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
• the total Federal funding authorized to date under this award is $25,000
or more;
• in the preceding fiscal year, you received —
- 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
DHS-FEMA-HSGP-SHSP-FFY14 Page 13 of 34 Franklin County EM, E15-118
$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
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.see.gov/answers/execomi).htm.)
ii. Where and when to report. You must report executive total compensation
described in paragraph b.i. of this award term:
• As part of your registration profile at http://www.sam.ciov.
• 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.
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
• in the subrecipient's preceding fiscal year, the subrecipient received-
- 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
- $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
• 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/execomr).htm.)
Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.i. of this award term:
• To the recipient.
• 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.
d. 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:
• Subawards, and
• The total compensation of the five most highly compensated executives
of any subrecipient.
DHS -FEMA -H SGP-SHSP-FFY14 Page 14 of 34 Franklin County EM, E15-118
e. Definitions. For purposes of this award term:
Entity means all of the following, as defined in 2 CFR § 25.320:
• A Governmental organization, which is a State, local government, or
Indian tribe;
• A foreign public entity;
• A domestic or foreign nonprofit organization;
• A domestic or foreign for-profit organization;
• A Federal agency, but only as a subrecipient under an award or
subaward to a non -Federal entity.
ii. Executive means officers, managing partners, or any other employees in
management positions, as defined in 2 CFR §170.315.
iii. Subaward, as defined in 2 CFR § 170.325:
• 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.
• 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").
• A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
iv. Subrecipient, as defined in 2 CFR § 25.360, means an entity that:
• Receives a subaward from you (the recipient) under this award; and
• Is accountable to you for the use of the Federal funds provided by the
subaward.
Total compensation, as defined in 2 CFR § 170.330 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)):
• Salary and bonus.
• 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.
• 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.
• Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
• Above -market earnings on deferred compensation which is not tax -
qualified.
• 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.
DHS-FEMA-HSGP-SHSP-FFY14 Page 15 of 34 Franklin County EM, E15-118
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 Grant Agreement, the following terms will have the meaning set
forth below:
a. '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.
b. "Sub -grantee" means the government or other eligible legal entity to which a sub -
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub -grantee
and any sub -contractor retained by the Sub -grantee as permitted under the terms of
this Grant Agreement. The term "Sub -grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. `Sub -grantee Agent' means the official representative and alternate designated or
appointed by the Sub -grantee in writing and authorized to make decisions on behalf
of the Sub -grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the Department are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the Sub -grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW" — is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $500,000 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 the Office of
Management and Budget (OMB) Circular A -133 -Audits of States, Local Governments,
and Non -Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities
that spend less than $500,000 a year in federal awards are exempt from federal audit
requirements for that year, except as noted in Circular No. A-133. As defined in Circular
A-133, the term "non-federal entity' means a State, local government, or non-profit
organization, and the term "State" includes Indian tribes. Circular A-133 is available on
the OMB Home Page at http://www.omb.gov.
Sub -grantees that qualify as subrecipients 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 Comptroller General and the OMB Compliance
DHS-FEMA-HSGP-SHSP-FFY14 Page 16 of 34 Franklin County EM, E15-118
Supplement. The Sub -grantee has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A-133, to include the Washington State
Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133.
The Sub -grantee 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 Sub -grantee 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 Sub -grantee
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 Sub -grantee all disallowed costs resulting from the audit.
Once the single audit has been completed, the Sub -grantee must send a full copy of the
audit to the Department and a letter stating there were no findings, or if there were
findings, the letter should provide a list of the findings. The Sub -grantee must send the
audit and the letter no later than nine (9) months after the end of the Sub -grantee's fiscal
year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Sub -grantee must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If Sub -grantee claims it is exempt from the audit requirements of Circular A-133, Sub-
grantee must send a letter identifying this Grant Agreement and explaining the criteria
for exemption no later than nine (9) months after the end of the Sub -grantee fiscal
year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
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 Sub -grantee shall include the above audit requirements in any sub -contracts.
Conducting a single or program -specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the Sub -grantees 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 Circular A-133; 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.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. Sub -grantee shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
DHS-FEMA-HSGP-SHSP-FFY14 Page 17 of 34 Franklin County EM, E15-118
A.4 AMENDMENTS AND MODIFICATIONS
The Sub -grantee or the Department may request, in writing, an amendment or
modification of this Grant 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 Sub -grantee. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5
The Sub -grantee must comply with the ADA, which provides comprehensive civil rlgnts
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
Department and Sub -grantee agree that all activity pursuant to this Grant Agreement will
be in accordance with all the applicable current federal, state and local laws, rules and
regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the Sub -grantee certifies that the
Sub -grantee is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Grant Agreement by any
federal department or agency.
A.8
If requested by the Department, the Sub -grantee shall complete and sign a Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any
such form completed by the Sub -grantee for this Grant Agreement shall be incorporated
into this Grant Agreement by reference.
Further, the Sub -grantee agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The Sub -grantee certifies that it will ensure that potential sub -contractors or sub -
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non -procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub -awards to sub -recipients for any amount. With respect to covered
transactions, the Sub -grantee may comply with this provision by obtaining a certification
statement from the potential sub -contractor or sub -recipient or by checking the System
for Award Management (htto://www.sam.gov) maintained by the federal government. The Sub-
grantee 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"
The SUB -GRANTEE 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
As required by 44 CFR Part 18, the Sub -grantee 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 Sub -grantee 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
DHS-FEMA-HSGP-SHSP-FFY14 Page 18 of 34 Franklin County EM, E15-118
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 Grant
Agreement, grant, loan, or cooperative agreement, the Sub -grantee will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; (3) and that, as applicable, the Sub -grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Sub-
grantee or its designees or agents; no member of the governing body of the jurisdiction
in which the project is undertaken or located; and no other official of such the Sub-
grantee 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 Grant Agreement. The Sub -grantee shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to this provision.
A.10 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT
POLICIES
The Sub -grantee and all its contractors shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation
includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and
Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as
amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees
(48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on
Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy
Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the Sub -grantee's or its contractor's noncompliance or refusal to comply
with any applicable law, regulation, executive order, OMB Circular or policy, the
Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in
its sole discretion. The Sub -grantee is responsible for all costs or liability arising from its
failure to comply with applicable law, regulation, executive order, OMB Circular or policy.
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 Sub -
grantee's responsibilities with respect to services provided under this Grant 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 contract, 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
DHS-FEMA-HSGP-SHSP-FFY14 Page 19 of 34 Franklin County EM, E15-118
appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the Sub -grantee, 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 Sub -grantee, its sub -contractors, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the Sub -grantee 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 Grant
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 Sub -grantee, its agents, or employees, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Sub -grantee, or Sub -
grantee'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:
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 Sub-
grantee or Alternate for the Sub -grantee, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant 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 Sub -grantee 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"
DHS-FEMA-HSGP-SHSP-FFY14 Page 20 of 34 Franklin County EM, E15-118
without providing the Sub -grantee 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 Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the Sub -grantee.
A.17 NONDISCRIMINATION
The Sub -grantee 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 Grant Agreement.
A.18 NOTICES
The Sub -grantee shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Sub -grantee 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
Sub -grantee's performance under this Grant Agreement. To the extent allowed by law,
the Sub -grantee 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 Sub -grantee to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the Sub -grantee.
The Sub -grantee shall assume all liabilities arising from the ownership and operation of
the project and agrees to hold the Department and the state of Washington and the
United States government harmless from any and all causes of action arising from the
ownership and operation of the project.
A.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 Grant 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 Grant 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 Sub -grantee agrees to submit to the Department prior to issuance all advertising
and publicity matters relating to this Grant 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 Sub -grantee agrees not to
publish or use such advertising and publicity matters without the prior written consent of
the Department. The Sub -grantee may copyright original work it develops in the course
DHS-FEMA-HSGP-SHSP-FFY14 Page 21 of 34 Franklin County EM, E15-118
of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, 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 Grant 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 Sub -grantee fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws and/or the provisions of the Grant
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 Grant Agreement termination. Repayment by the Sub -grantee 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 thereof, including
attorney fees.
A.25 RECORDS
a. The Sub -grantee agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the Sub -grantee's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The Sub -grantee's records related to this Grant Agreement and the projects funded
may be inspected and audited by the Department or its designee, by the Office of the
State Auditor, DHS, FEMA or their designees, by the Comptroller General of the
United States or its designees, or by other state or federal officials authorized by law,
for the purposes of determining compliance by the Sub -grantee with the terms of this
Grant Agreement and to determine the appropriate level of funding to be paid under
the Grant Agreement.
c. The records shall be made available by the Sub -grantee for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
Sub -grantee's normal working day.
d. The Sub -grantee shall retain and allow access to all records related to this Grant
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 Grant Agreement.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the Department undertakes to assist the Sub -grantee with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the
project itself remains the sole responsibility of the Sub -grantee. The Department
undertakes no responsibility to the Sub -grantee, or to any third party, other than as is
expressly set out in this Grant 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 Sub -grantee, 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 Sub -grantee 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
and executive orders.
The Sub -grantee shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Sub -grantee in connection with the project.
DHS-FEMA-HSGP-SHSP-FFY14 Page 22 of 34 Franklin County EM, E15-118
The Sub -grantee 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 Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB -CONTRACTING
The Sub -grantee shall use a competitive procurement process in the 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 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the Sub -grantee.
Sub -Grantees must comply with the following provisions regarding procurement, and all
Sub -Grantee contracts with sub -contractors must contain the following provisions
regarding procurement, per 44 CFR Part 13.36(i):
1) Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2) Termination for cause and for convenience by the grantee or sub -grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of $10,000).
3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub -grantees).
4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub -grants for
construction or repair).
5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub -grantees when required by Federal
grant program legislation).
6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub -
grantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers).
7) Notice of awarding agency requirements and regulations pertaining to reporting.
8) Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
DHS-FEMA-HSGP-SHSP-FFY14 Page 23 of 34 Franklin County EM, E15-118
9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10) Access by the grantee, the sub -grantee, the Federal grantor 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.
11) Retention of all required records for three years after grantees or sub -grantees make
final payments and all other pending matters are closed.
12) Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub -contracts, and sub -grants of
amounts in excess of $100,000).
13) 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).
The DEPARTMENT reserves the right to review the Sub -Grantee procurement plans
and documents, and require the Sub -Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub -
Grantee 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 Sub -Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
All sub -contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB -GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The Sub -grantee, and/or employees or agents performing under this
Grant Agreement are not employees or agents of the Department in any manner
whatsoever. The Sub -grantee will not be presented as nor claim to be an officer or
employee of the Department or of the State of Washington by reason of this Grant
Agreement, nor will the Sub -grantee 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 Grant 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 Sub -grantee 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 Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the Sub -grantee 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 Sub -grantee or its staff required by statute or regulation that are applicable
to Grant Agreement performance.
DHS-FEMA-HSGP-SHSP-FFY14 Page 24 of 34 Franklin County EM, E15-118
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub -grantee may terminate
this Grant Agreement by providing written notice of such termination to the Department's
Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at
least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the Department, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the Sub -grantee. Upon notice of
termination for convenience, the Department reserves the right to suspend all or part of
the Grant Agreement, withhold further payments, or prohibit the Sub -grantee from
incurring additional obligations of funds. In the event of termination, the Sub -grantee
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 Sub -grantee has failed
to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in
an unsound financial condition so as to endanger performance hereunder, is in violation
of any laws or regulations that render the Sub -grantee unable to perform any aspect of
the Grant Agreement, or has violated any of the covenants, agreements or stipulations
of this Grant Agreement, the Department has the right to immediately suspend or
terminate this Grant Agreement in whole or in part.
The Department may notify the Sub -grantee 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 Sub -grantee 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 Sub -grantee liability for damages or otherwise affect any other remedies
available to the Department. If the Department allows the Sub -grantee an opportunity to
cure, the Department shall notify the Sub -grantee 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 Grant Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the Sub -grantee from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the Sub -grantee, if allowed, or pending a decision by the
Department to terminate the Grant Agreement in whole or in part.
In the event of termination, the Sub -grantee shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Grant
Agreement and the replacement or cover Grant Agreement and all administrative costs
directly related to the replacement Grant 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 Sub -grantee: (1) was not in default or material breach, or (2)
failure to perform was outside of the Sub -grantee's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
DHS-FEMA-HSGP-SHSP-FFY14 Page 25 of 34 Franklin County EM, E15-118
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Grant
Agreement, the Sub -grantee shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the Department may require the Sub -grantee to
deliver to the Department any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Sub -grantee
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 Grant Agreement termination, and the amount agreed upon by the Sub-
grantee 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 Grant 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 Sub -grantee for termination. The
Department may withhold from any amounts due the Sub -grantee 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 Grant 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 Sub -grantee shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub -contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant 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 Sub -grantee under
the orders and sub -contracts so terminated, in which case the Department has
the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub -contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub -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 Grant
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 Grant Agreement
which is in the possession of the Sub -grantee and in which the Department has
or may acquire an interest.
DHS-FEMA-HSGP-SHSP-FFY14 Page 26 of 34 Franklin County EM, E15-118
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The Sub -grantee may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Sub -grantee is encouraged to utilize business firms that are certified as minority-
owned and/or women -owned in carrying out the purposes of this Grant Agreement, The
Sub -grantee 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.36 WAIVERS
No conditions or provisions of this Grant 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 Grant 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 Grant Agreement.
A.37 VENUE
This Grant 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 Grant Agreement shall be the
Superior Court of Thurston County, Washington. The Sub -grantee, by execution of this
Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington.
DHS-FEMA-HSGP-SHSP-FFY14 Page 27 of 34 Franklin County EM, E15-118
Exhibit C
2014 Homeland Security Grant (HSGP)
STATE HOMELAND SECURITY PROGRAM (SHSP)
WORK PLAN/APPROVED PROJECTS
Agency: Franklin County Emergency Management
As the State Administrative Agency (SAA), the Washington State Military Department (WMD) Emergency Management
Division's (EMD) Homeland Security Section (HLSS), referenced as the Department, is responsible for ensuring federal
funding is expended and programs implemented in full accordance with governing regulations. Eighty -percent of the state's
award is to be allocated to local and tribal units of government in accordance with Federal guidelines. Washington State is
divided into nine Homeland Security Regions. Funding is allocated to Regions according to a county base, population, and
population density funding formula. The remaining twenty percent is allocated to state agencies using a sustainment
funding model.
Region 8 consists of Benton, Franklin, Klickitat, Walla Walla, and Yakima Counties and the Yakima Nation. Region 8
submitted an Investment as part of the Washington State FY14 SHSP Investment Justification. The Region is in the
process of determining the best option for rotating and allocating the responsibilities of the coordinating county. It is
expected by September 30, 2015, a plan is to be established through the collaborative assistance of the state's emergency
management community. Each county will manage their portion of the approved regional projects under a separate
agreement (Benton County -$78,366; Franklin County -$64,561; Klickitat County -$55,587; Walla Walla County -$61,019;
Yakima County -$87,304; and Yakama Nation -$25,439). Franklin County is approved for the following projects:
PROJECT #1
Interoperable Communications 1
$30,000
Improve regional interoperable communication capabilities by reviewing and updating communications
plans, protocols, and procedures; acquiring new and upgraded equipment and infrastructure, such as
radios, repeaters, microwave link systems, mobile data terminals, and related accessories; training
personnel on correct usage; and exercising communications capabilities through drills, exercises, and
actual emergency incidents. The project will ultimately reduce "dead spots" within Region 8 while
DESCRIPTION:
becoming compliant with current and future regulations and standards. It increases interoperable
operations and enhances the safety of first responders by improving incident management and command
capabilities through the continuous flow of critical information among multiple jurisdictions and multi-
disciplinary emergency responders, command posts, agencies, and government officials. Franklin
County will purchase the 800 Mhz component to Dispatch to improve operability with Benton County's
s stem and Pasco police department.
PROJECT#2
Public Warning
$12,000
Procure a county wide public electronic notification system to alert residents of emergencies. The goal of
the project is to give responders the ability to notify residents of an emergency and actions they would
DESCRIPTION:
need to take. The system will be able to target very specific areas versus the entire county. Currently,
Franklin County can only notify residents via the Emergency Alert System (EAS) which has limited
capability.
PROJECT #3
Special Operations
$11,259
Provide communications devices for HazMat suits. Currently the Quad County HazMat Team does not
have communications capabilities in all of their HazMat suits; this project will completely outfit all the suits
with the same communications devices allowing for increased coordination. Purchase Bio -detection kits
DESCRIPTION:
for expired articles of HazMat Teams. Provide and equip a Type III Rehab Unit for response in Region 8
and possibly throughout the state. The current Rehab Unit is over 20 years old and non-functional. The
project is a joint project with Benton County.
PROJECT #4
Infrastructure Protection and Security
$5,000
Provide security for critical public safety radio site on Joe Butte and provide monitoring for the City of
DESCRIPTION:
Kahlotus public facilities. Currently the primary public safety radio site has no security system and the
city doesn't have any monitoring capability. This project will provide the initial phase of security and
monitoring abilit for the facilities.
PROJECT #5
Training Equipment
$3,200
Provide Fire District #5 training equipment. FPD #5 is a district with minimal capabilities and equipment,
DESCRIPTION:
this project will supply needed training equipment so "in-house" training for responders/volunteers can be
provided.
DHS-FEMA-HSGP-SHSP-FFY14 Page 28 of 34 Franklin County EM, E15-118
Exhibit D
TIMELINE
FFY14 Homeland Security Grant Program (HSGP)
State Homeland Security Program (SHSP)
DATE
TASK
September 1, 2014
Start of Grant Agreement performance period
December 1, 2014
Complete scope of project #5
January 15, 2015
Submit Reimbursement Request and Progress Report
April 15, 2015
Submit Reimbursement Request and Progress Report
July 15, 2015
Submit Reimbursement Request and Progress Report
September 30, 2015
Complete plan for Homeland Security Region 8 construct.
October 15, 2015
Submit Reimbursement Request and Progress Report
January 15, 2016
Submit Reimbursement Request and Progress Report
April 15, 2016
Submit Reimbursement Request and Progress Report
July 31, 2016
All work ceases. Agreement End Date.
NLT: September 14, 2016
Submit Closeout Report, Grant Funded Typed Resource
Report (September 2014 — July 2016), and Final
Reimbursement Request. Reports are due before final
I nvoice will be reimbursed.
DHS-FE MA -HSG P-SHSP-FFY14 Page 29 of 34 Franklin County EM, E15-118
Exhibit E
FFY14 Homeland Security Grant Program (HSGP)
State Homeland Security Program (SHSP)
Franklin County Department of Emergency Management
SOLUTION AREA CATEGORY
AMOUNT
Law Enforcement Terrorism Prevention Activitieb 36,000 56% of Agreement Amount
Personnel Expenses: $ 3,102 5% of Agreement Amount
Cumulative changes to Solution Areas in excess of 10% of the contract award will not be reimbursed without prior written
authorization from the Department.
To manage HSGP caps (5% M&A and 50% Personnel expenses) reimbursement requests for Management & Administration and
Personnel expenses above the current allocation will not be reimbursed without approved amendment.
DHS-FEMA-HSGP-SHSP-FFY14 Page 30 of 34 Franklin County EM, E15-118
Goods & Services $
12,000
ORGANIZATIONAL
Subtotal $
12,000
Equipment $
46,259
EQUIP
Subtotal $
46,259
Pass Through - Non -personnel $
3,200
TRAINING
Subtotal $
3,200
Salaries & Benefits $
3,102
M&A
Subtotal $
3,102
TOTAL Agreement AMOUNT:$
64,561
Law Enforcement Terrorism Prevention Activitieb 36,000 56% of Agreement Amount
Personnel Expenses: $ 3,102 5% of Agreement Amount
Cumulative changes to Solution Areas in excess of 10% of the contract award will not be reimbursed without prior written
authorization from the Department.
To manage HSGP caps (5% M&A and 50% Personnel expenses) reimbursement requests for Management & Administration and
Personnel expenses above the current allocation will not be reimbursed without approved amendment.
DHS-FEMA-HSGP-SHSP-FFY14 Page 30 of 34 Franklin County EM, E15-118
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and
delivery orders. The legislation does not require inclusion of individual transactions below
$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)
and Office of Management and Budget Guidance (OMB). Public Law 109-282 as
amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By
entering into this contract, contractor agrees to provide all applicable reporting
information to the Washington Military Department (WMD) required by FFATA and
OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal
grants, loans, and contracts. As required by FFATA and OMB Guidance, certain
information on the first-tier subawards related to Federal contracts and grants, and the
executive compensation of awardees, must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information
is required. If the initial subaward is below $25,000 but subsequent grant modifications
result in a total subaward equal to or over $25,000, the subaward will be subject to the
reporting requirements as of the date the subaward exceeds $25,000. If the initial
subaward equals or exceeds $25,000 but funding is subsequently de -obligated such that
the total award amount falls below $25,000, the subaward continues to be subject to the
reporting requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by
FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This
includes all applicable subawardee entity information required by FFATA and OMB
Guidance, subawardee DUNS number, and relevant executive compensation data, as
applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD.
System for Award Management (SAM) is a government wide registration system for
organizations that do business with the Federal Government. SAM stores information
DHS-FEMA-HSGP-SHSP-FFY14 Page 31 of 34 Franklin County EM, E15-118
about awardees including financial account information for payment purposes and a
link to D&B for maintaining current DUNS information, www.sam.gov. WMD
requires SAM registration and annual renewal by your organization to minimize
unnecessary data entry and re-entry required by both WMD and your organization. It
will also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number
obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS
number provides a method to verify data about your organization. D&B is
responsible for maintaining unique identifiers and organizational linkages on behalf
of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as
the subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent
or more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a),
78o(d) or section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-
cash value earned by the executive during the past fiscal year and includes salary and
bonus; awards of stock, stock options and stock appreciation rights; and other
compensation such as severance and termination payments, and value of life insurance
paid on behalf of the employee, and as otherwise provided by FFATA and applicable
OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross
revenues from Federal awards, and (2) the public does not have access to this information
about the compensation of the senior executives of your organization through periodic
reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15
U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert
the names and total compensation for the five most highly compensated officers of your
organization in the table below.
DHS-FEMA-HSGP-SHSP-FFY14 Page 32 of 34 Franklin County EM, E15-118
WORKSHEET
Subrecipient Agency:
Grant and Year:
Agreement Number:
Completed by:
Name
Title
Telephone
Date Completed:
STEP 1
Is your grant agreement less than $25,000?
YES
F
STOP, no further analysis
needed, GO to Step 6
NO
F—
GO to Step 2
STEP
2
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
YES
I S
<
GO to STEP 3
NO
S
<
STOP, no further
analysis needed, GO
to Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal funding?
YES
�— S
GO to STEP 4
NO
r S
STOP, no further
analysis needed, GO
to Step 6
STEP 4
Does the public have access to information about
the total compensation* of senior executives in
your organization?
YES
r S
STOP, no further analysis
needed, GO to step 6
NO
S
r 4
GO to STEP 5
STEP 5
Executive #1
Name:
Total Compensation amount: $
Executive #2
Name:
Total Compensation amount: $
Executive #3
Name:
Total Compensation amount: $
Executive #4
Name:
Total Compensation amount: $
Executive #5
Name:
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25.000."
Signature:
Date:
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
httr)://www.whitehouse.gov/omb/oipen
httr)://www.hrsa.goy/cirants/ffata.html
hftp://www.qpo.00v/fdsys/i)kq/FR-2010-09-14/r)df/2010-22705.odf
hftp:llwww.qrants.gov/
DHS-FEMA-HSGP-SHSP-FFY14 Page 33 of 34 Franklin County EM, El 5-118
ATTACHMENT #2
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non -Profit Organizations
Contact Information
Subrecipient (Sub -Grantee) Name (Agency, Local Government, or organization):
Authorized Chief Financial Officer (central accounting office):
Address:
Email: Phone #:
Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division
(WMD/EMD) is required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during
their fiscal year have met the OMB Circular A-133 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 MIUEMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at http //www whitehouse cov/sites/default/files/omb/assets/al33/
a133 revised 2007.odf and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 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 A-133 requirements, you must
complete Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form.
When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract 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 recruirements of OMB Circular A-133
Our entity is not subject to the requirements of OMB Circular A-133 because (check all that apply):
❑ We did not expend $500,000 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 B: Entities that ARE subject to the requirements of OMB Circular A-133
(Complete the information below and check the appropriate box
❑ We completed our last A-133 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.office0mil.wa.ci or provide the state auditor report
number:
❑ We completed our last A-133 Audit on [enter datel 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.office(a)mil.wa.gov or provide the state auditor report
number:
❑ Our completed A-133 Audit will be available on [enter date] for Fiscal Year ending [enter date].
We will provide electronic copy of the audit report to contracts.office0mil.wa.gov at that time or provide the state
auditor report number:
1 hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that
the above information is true and correct and all relevant material findings contained in audit reportistatement have been
disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of
federal grant funds from MIUEMD until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer:
Print Name & Title:
Date:
WMD Form 1009-13, 8/19/2013
DHS-FEMA-HSGP-SHSP-FFY14 Page 34 of 34 Franklin County EM, E15-118