PRHSPSC PKT 11-10-2015City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
November 10, 2015 City Hall
5:00 p.m. Hylebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Action Council
Topic Title/ Description Presenter Page or Info Date
A. Approval of Minutes: October 13, 2015 3 Action N/A
B. 2015 Emergency Management Performance Grant Award R. Gross 7 Action Consent
11/17/15
2 I Amendment for JGM technical Services "On -Call" S. Ikerd 53 Action Consent
C. Electrical Agreement 11/17/15
Update of the Federal Way Revised Code (FWRC) R. Call 57 Action First
D. Regarding Fireworks Reading
11/17/2015
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
6. NEXT MEETING: December 8, 2015
7. ADJOURNMENT
Committee Members
Susan Honda, Chair
Dini Dudos
Martin Moore
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City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
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City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 13, 2015
5:00 P.M.
SUMMARY
Committee Members in Attendance: Chair Honda, Committee members Duclos and Moore
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: Chief of Staff Brian Wilson, Police Chief Andy Hwang, Jeff Watson,
Community Services Manager, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Jason
Gerwen, Parks & Facilities Manager, Ryan Call, Assistant City Attorney, and Mary Jaenicke,
Administrative Asst. II.
Guests: Rev. James Kubal - Komoto, Jackie Blair, Bill Hallerman, Nancy Jaenicke
Chair Honda called the meeting to order at 5:00p.m.
Public Comment: None
Commission Comment: None
Approval of Minutes
Committee member Duclos moved to approve the September minutes as written. Chair Honda
seconded. Motion passed.
BUSINESS ITEMS
Federal Way Day Shelter Coalition Pilot Proiect — Information Only
Mr. Wilson presented the representatives of the coalition. He stated that this has been an effort that has
been ongoing for quite some time. The representatives introduced themselves. Rev. Kubal - Komoto
presented a Power Point on the Federal Way Day Shelter Coalition Pilot Project. The Coalition consists
of representatives from churches, social service organizations, and individuals committed to creating a
day shelter for the homeless in Federal Way. Some of the members are a part of Sound Alliance which
is a community organizing network working for the common good in the region. Rev. Kubal - Komoto
stated that poverty has moved to the suburbs, and one manifestation of this is homelessness. Many of the
homeless are unsheltered. There are very limited day services for the homeless in Federal Way. A Day
shelter will help them take a step to self - sufficiency. The coalition has researched the space needs, the
staffing needs and the costs of a shelter. They have met with many services providers, city staff and the
Mayor. They have also met with people in the community. There is a widespread of public support for
this pilot project. The coalition has developed a business plan. They have identified a potential site
which is near the intersection of 336`h street and 13th place s. near the Multi- Service Center. The staff for
the shelter will be from Catholic Community Services. Funding will come from the City, State, and
County, with no other cuts to other services. Committee member Duclos is concerned about the facility
being close to Kindercare Day Care center. Ms. Blair stated that the entrance to the facility will be in the
back, by the Multi- Service side, it will not be on the street side. Committee member Duclos stated that
she is also concerned about the fact that all of the other Human Services agencies have had to go through
a process to receive funding, and the coalition has not had to do that. Mr. Wilson answered that the
intention is to follow the process, and it has been presented to the Human Services Commission and they
are in support of this plan. In future years to receive funding, they will go through the Human Services
Commission. Ms. Blair stated that the Churches have promised $30,000 towards the project, they will
also be doing additional fundraising, Ms. Jaenicke stated that they are also applying for grants, and there
will be a fundraiser called "Bags of Hope ".
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PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, October 13, 2015 Summary
Page 2
Amendment to the Housing Repair Program Policies
Mr. Watson stated that staff is proposing some amendments to the policies. They are changing the name
of the program from "Emergency Housing Repair" to "Housing Repair ". The most significant change is a
change to the loan terms. Currently the program provides forgivable, zero percent declining balance loans
for the costs of repairs performed by contractors. Staff became aware that the Department of L &I
considers this to be a public work under the state statute. Because it is considered a public work it is
subject to prevailing wage, which means the contractors that are used would have to pay prevailing wage.
Staff is proposing to change the terms of the loan to make the loan a deferred payment loan that would be
due upon the sale of the home. Prevailing wage would no longer apply. They also added that the
principal loan amount shall include all costs to the city for processing the loan amounts. This includes the
recording fees. Committee member Moore arrived. Committee member Duclos moved to forward the
proposed amendment to the Home Repair Program Policies to the October 20, 2015 consent
agenda for approval. Committee member Moore second. Motion passed.
Washington Traffic Safety Commission 9WTSC) Target Zero Team (TZT) Interagency Funding
Agreement 2015 -2016
Chief Hwang reported that accidents are one of their top five calls that they receive. The WTSC would
like to provide $23,900 in funding to conduct high visibility enforcement traffic safety emphasis patrol
for the 2015 -2016 fiscal year. The department will focus traffic safety emphasis patrols on distracted
driving, impaired driving, seatbelt, speeding and motorcycle enforcement patrols. Committee member
Duclos moved to forward the proposal to accept funding in the amount of $23,900.00 from the
Washington Traffic Safety Commission for traffic safety emphasis patrols to the October 20, 2015
City Council consent agenda. Committee member Moore seconded. Motion passed.
Adelaide Park Playground Equipment Replacement
Mr. Gerwen reported that staff and the Parks Commission have been working on the proposed
playground equipment since the beginning of the year. They have gone through six playground
modifications. The revisions came out of Parks Commission comments, a public meeting and information
gathered at the Red, White & Blues event. The safety surfacing will be woodchips. The cost of the
playground and swing set will cost $110,913.80. Mr. Gerwen received numerous comments from the
community that they wanted tot swings; the other bay will be one belt swing and one ADA swing. The
use of the ADA swing is more size dependent than age dependent. The target date for installation is
November — February. Chair Honda asked which parks are next to have new playground equipment
installed. Mr. Gerwen replied that currently there are two that are listed in fair condition, which means
that it's an older construction, but is still in useable condition. Those parks are Mirror Lake and
Wedgewood. Both of those parks meet all of the safety requirements. The next playground will be the
new playground at Town Square Park. The funding will come from REET and the remaining balance of
the playground replacement budget. That budget is also used for playground repairs and replacing the
woodchips, and vandalism. Committee member Moore moved to forward the recommendation to
authorize the Mayor to approve a PO in the amount of $110,913.80 to KCDA to replace the
playground equipment at Adelaide Park to full Council for the October 20, 2015 consent agenda
for approval. Committee member Duclos seconded. Motion passed. Chair Honda asked if it was
possible to replace a swing with an ADA swing at the other parks. Mr. Gerwen responded that it all
depends on the costs. Each ADA swing costs approximately $500.00. Committee member Moore
inquired about wheelchair swings. Mr. Gerwen stated that there used to be a wheelchair swing at Steel
Lake Park, and they are difficult to maintain, and it was often out of service for repairs. Chair Honda
stated that she saw one in Virginia, and it took up an incredible amount of space. It had a fence around it,
and you needed a key to use it. They are very costly. Mr. Ikerd stated that they did research this when
4
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, October 13, 2015 Summary
Page 3
they installed the new play structure at Steel Lake they were very expensive and limited on how they can
be used.
Increase the Compensation of the Henderson Partners Contract for Town Square Park
Improvements
Mr. Ikerd stated that Henderson Partners is doing the earthwork at the park. Due to some old theater
footings being in the way and the addition of the LID enhancements it is more cost effective to add more
prep work to the current contract than to go out to bid. The contractor has given us very good cost
estimates on the work that needs to be done. The increase would be $68,037.03. The additional work that
would be done is the electrical conduit for the path lights, a 6' drain system to handle roof drain and
water feature, change a portion of the parking to pervious asphalt for LID upgrade, and install a pervious
rock base for LID and event improvements for the plaza. Chair Honda asked what the total amount that
staff anticipates the park is going to cost. Mr. Hutton answered that the original amount was $1.7 and
with the additional $400,000 for the LID, it will bring it up to $2.1. Committee member Moore stated that
the $400,000 had already been earmarked for this type of enhancement, and it is coming from Public
Works. Chair Honda stated that the Mayor was very firm at the retreat that the cost was going to be $1.5.
Mr. Hutton stated that it was $1.541.7. Committee member Moore reiterated that we are staying within
the $1.7, the $400,000.00 is not new money, it's money that was already going to be earmarked for
something, and Town Square is a brilliant location to utilize that money. The committee stated that it
needs to be made very clearly at the City Council meeting that the $400,000.00 is not new money, it was
money that was to be used somewhere, and now it is being used at Town Square Park, bringing the cost
up to $2.1. Committee member Duclos moved to authorize a compensation increase for Town
Square Park improvements in the amount of $61,852.03 with a 10% contingency for a total
increase of $68,037.01, for a contract total of $599,831.40 to Henderson Partners and forward to
the October 20, 2015 City Council business agenda for approval. Committee member Moore
seconded. Motion passed.
Amendment to FWRC 6.40.030 Relating to Forgery, Non - Felony
Mr. Call reported that this is strictly a housekeeping item. They were recently reviewing the Non - Forgery
Felony ordinance, and it was discovered that an additional "or" was placed, and that this one word is
legally significant. Committee member Duclos moved to forward the proposed ordinance for First
Reading on October 20, 2015. Committee member Moore seconded. Motion passed.
NEXT MEETING:
November 10, 2015
ADJOURNMENT
Meeting adjourned at 6:00p.m.
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COUNCIL MEETING DATE: November 17, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2015 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD
POLICY" QUESTION: Should the City of Federal Way accept the 2015 Emergency Management Performance
Grant award to fund the Emergency Management Specialist position and help fund the mass notification system
CodeRed?
COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: November 10`I',
2015
CATEGORY
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY_ Ray Gross, Emergency Manager _ DEPT: Emergency Management
Attachments: Memorandum
2015 Emergency Management Performance Grant
Options Considered:
Option 1. Approve the 2015 Emergency Management Performance Grant
Option 2. Do not approve the 2015 Emergency Management Performance Grant and provide
direction to staff.
MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2015 Emergency Management
Performance Grant.
MAYOR APPROVAL: !i 'jg J d DIRECTOR APPROVAL:
ComInittee ounci InitiaLDA �/
yylnitia 1 //�� Initial /
CHIEF OF STAFF: 1 (nh�Y1 0 141 A.M 1^"tN 1
COMMITTEE RECOMMENDATION: I move to forward _the 2015 Emer-gency 11anggement Performance Grant _
to the November 17`'' 2015 City Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of accepting the 2015 Emergency Management
Performance Grant. "
(BELOW TO BE COMPLETED BY CITY" CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12;`2010 7 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 26th, 2015
TO: Paris, Recreation, Human Services, and Public Safety Committee
FROM: Ray Gross, C.E.M., Emergency Manager �
SUBJECT: 2015 Emergency Management Performance Grant (EMPG) Application
BACKGROUND:
The City of Federal Way Emergency Management Division has applied for the 2015 Emergency
Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the v
enhancement and sustainment of emergency management programs. Activities conducted using
EMPG funding should relate directly to the four elements of all - hazards emergency
management: response, recovery, mitigation and preparedness. Washington State Emergency
Management Division passes - through federal funding to eligible local emergency management
agencies.
The EMPG program requires a 50% match from the local jurisdiction and the -total award amount
is based on the local Emergency Management Agency's operating budget. The City of Federal
Way is expected to be awarded $47,208 and has $47,208 in matching funds. The performance
period of the 2015 EMPG is from June 1, 2015 through August 31, 2016.
The City of Federal Way Emergency Management Division would like to use the awarded
EMPG funds to continue funding of the Emergency Management Specialist position in the year
2015 and 2016. Funding this position is vital to keeping the Community Emergency Response
Team training and the Neighborhood Emergency Team program at current levels of
performance. EMPG funds would also be used to help continue funding of the mass notification
system CodeRed.
cc: Project File
Day File
8
Washington State Military Department
ur%aaci Aun earl101-rV r_PANT Ar,RFFMFNT FACE SHEET
1. Subrecipient Name and Address:
2. Grant Agreement Amount:
3. Grant Agreement Number.
City of Federal Way
$47,208
E16 -105
33325 8th Avenue South
Federal Way, WA 98003 -6325
4, Subrecipient Contact, phone /email:
5. Grant Agreement Start Date:
6. Grant Agreement End Date:
Ray Gross, (253) 835 -2712
June 1, 2015
August 31, 2016
ray.g rossCcDcityoffederalway.com
7. Department Program Manager, phone /email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue):
Sierra Wardell, (253) 512 -7121 601- 223 -538
612509901
sierra.Wardell(a?miLWa.ggv
10. Funding Authority:
Washington State Military Department (the 'DEPARTMENT) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
12. Federal Award Date:
13. Catalog of Federal Domestic Assistance (CFDA) # & Title:
EMW- 2015 -EP- 00028 -S01
09/22/2015
97.042 15EMPG
14. Total Federal Amount #:
15. Program Index # & OBJ /SUB -OBJ:
16. TIN:
1
$7,219,265
753PT NZ
91- 1462550
17. Service Districts:
18. Service Area by County(ies):
19. Women/Minority- Owned, State
(BY LEGISLATIVE DISTRICT): 30
King County
Certified ?: X N/A ❑ NO
E-1 YES, OMWBE #
BY CONGRESSIONAL DISTRICT): 9
20. Agreement Classification
21. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Govt
❑ Contract X Grant X Agreement
❑ Research /Development ❑ A/E ❑ Other
❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process:
23. Subrecipient Type (check all that apply)
X "To all who apply & qualify" ❑ Competitive Bidding
❑ Private Organization/Individual ❑ For - Profit
❑ Sole Source ❑ A/E RCW ❑ N/A
X Public Organization /Jurisdiction ❑ Non - Profit
❑ Filed w /OFM? ❑ Advertised? ❑ YES ❑NO
❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE & DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant (15EMPG) is to provide U.S. Department of Homeland
Security (DHS)[Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan.
The Department is the Recipient and Pass- through Entity of the 15EMPG Award EMW- 2015 -EP- 00028 -S01, which is incorporated
in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHSIFEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE SUBRECIPIENT:
Signature Date Signature Date
Richard A. Woodruff, Contracts Administrator Jim Ferrell, Mayor
Washington State Military Department City of Federal Way
i
BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable):
Brian E. Buchholz (signature on file 9/22/2015)
Assistant Attorney General Applicant's Legal Review Date
r,,..,, ns;,v)i ,)nir nni i
DHS - FEMA - EMPG -FFY 15 Page 1 of 29 City of Federal Way, E16 -105
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE L KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Agreement. Any substitution of key personnel by either party shall be made by written notification
to the current key personnel.
nnrr. r rPIT nail ITARY DEPARTMENT
JU[SFKCIilr�cw
Ray Gross
Name
-
Gary Stumph
Emergency Manager
Title
Pro "l=am Coordinator
ray grossgcityoffederalway.com
E -Mail
a ':stum h mil.wa, ov
253 - 835 -2712
Phone
253 -512 -7483
Brian Wilson
Name
Sierra Wardell
Chief of Staff
Title
Program Manager
brian wilsonna city offederalway.com
E -Mail
sierra wardell[7a mil.wa.gov
253 - 835 -2510
Phone
253- 512 -7121
Name
Dalton Gamboa
Title
Program Assistant
E -Mail
dalton. amboa mil.wa. ov
Phone
253 - 512 -7044
ARTICLE II. ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by DHS /FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant'
document published by FEMA, the DHS Award Letter for Grant No. EMW- 2015 -EP- 00028 -S01,
and the federal regulations commonly applicable to DHS /FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment #1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS /FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS /FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case -by -case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of a
subrecipient or contractor in accordance with 2 CFR 200.330.
b. If the Subrecipient becomes a pass - through entity by making a subaward
to a non - federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations
applicable to pass- through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200.
DHS - FEMA - EMPG -FFY 15 Page 2 of 29 City of Federal Way, E16 -105
10
ii. The Subrecipient shall require its subrecipient to comply with all
applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement
and the informational documents published by DHS /FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW- 2015 -EP-
00028 -S01 in Attachment #1, and the federal regulations commonly
applicable to DHS /FEMA grants.
iii. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment #1 of this Agreement.
2. REIMBURSEMENT & BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub - contracts, salaries,
benefits, printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Grant Agreement
Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix
VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10% of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and
should consult their internal policies, state rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http: / /www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e. The Subrecipient will submit reimbursement requests to the Department by
submitting a properly completed State A -19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
DHS - FEMA - EMPG -FFY 15 Page 3 of 29 City of Federal Way, El 6-105
11
Reimbursement requests �r—nuSt L_ submitted to
ReimbursementsC�mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
f. Receipts and /or backup documentation for any approved items that are
authorized under this Agreement must be maintained by the Subrecipient
consistent with record retention requirements of this Agreement and be
made available upon request by the Department, and local, state, or federal
auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be
treated as a request for Amendment of the Agreement and must be
s� �bmitted to the Department Key Personnel sufficiently in advance of the
due date to provide adequate time for Department review and
consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non - federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement (including but not limited to those reports in the
Timeline) will prohibit the Subrecipient from being reimbursed until such
complete reports and reimbursement requests are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
I. A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed.
M. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace (supplant) non-
federal funds that have been budgeted for the same purpose. The
Subrecipient may be required to demonstrate and document that a
reduction in non - federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
DHS- FEMA- EMPG -FFY 15 Page 4 of 29 City of Federal way, E16 -195
12
3. REPORTING REQUIREMENTS
a. The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b. In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient will submit a final report with its final
reimbursement request to the Department detailing progress on all
activities listed in the Work Plan.
C. In conjunction with the final report, the Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d. The Subrecipient shall also comply with the Federal Funding Accountability
and Transparency Act (FFATA) and related OMB Guidance consistent with
Public Law 109 -282 as amended by section 6202(a) of Public Law 110 -252
(see 31 U.S.C. 6101 note) and complete and return to the Department the
FFATA Form located at http:// mil .wa.gov /emergency- management-
division /grants /reguiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non - federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200.318 — 200.326, to include but not
limited to:
i. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non - federal entity to
which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
iii. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic
Assistance (CFDA) number; who holds the title; the acquisition date;
the cost of the equipment and the percentage of Federal
participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment
and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by
DHS -FEMA- EMPG -FFY 15 Page 5 of 29 City of Federal Way, E16 -105
13
the physical inspection and those shown in the records shnil be
investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
V. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability. The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any
loss, damage, or theft shall be investigated and a report generated
and sent to the Department.
vii. The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or when original or replacement equipment is no longer
needed for the original project or program or for other activities
currently or previously supported by a Federal agency, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non -
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment as follows:
i. Items of equipment with a current per -unit fair market
value of less than $5,000 may be retained, sold or
otherwise disposed of by the Subrecipient with no further
obligation to the awarding agency.
ii. Items of equipment with a current per -unit fair market
value of more than $5,000 may be retained or sold and
the Subrecipient shall compensate the Federal -
sponsoring agency for its share.
X. Records for equipment shall be retained by the Subrecipient for a
period of six years from the date of the disposition, replacement, or
transfer. If any litigation, claim, or audit is started before the
expiration of the six year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD's Purchase Policy contained within
the EMD Purchase Workbook version 2015.1 located at
http:/ /mil wa gov /emergency- management- division /grants /homeland-
security- grants, incorporated by reference and made part of this
Agreement.
DHS- FEMA- Ev1PG -FFY 15 Page 6 of 29 City of Federal Way, E16 -105
14
No reimbursement will be provided unless the appropriate approval has
been received.
C. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http: / /www.fema.gov /preparedness- non - disaster - qrants. The AEL
consists of 21 categories which are divided into sub - categories. It is
important the Subrecipient and any non - federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL.
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and /or DHS /FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security" when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non - federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS /FEMA Environmental
Planning and Historic Preservation (EHP) Program. Subrecipients are required to
comply with DHS /FEMA EHP Policy Guidance which can be found at
httos: /fwvvw fema gov /office - environmental - planning- and - historic - preservation;
FP 108 -023 -1 Environmental Planning and Historic Preservation Policy Guidance
at http:!/wwN.fema.gov/media-Iibrary/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.fema.gov/media-library/assets/idocuments/101537, all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients proposing projects that have the potential to impact the
environment, including, but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the DHS /FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS /FEMA EHP review before project initiation.
DHS - FEMA - EMPG -FFY 15 Page 7 of 29 City of Federal Way, E16 -105
15
b, The EHP review process involves the subi—nission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determi� �e whether the
proposed project has the potential to impact environmental resources
and /or historic properties.
C. The Subrecipient agrees that to receive any federal preparedness funding,
all EHP compliance requirements outlined in applicable guidance must be
met. The EHP review process must be completed before funds are
reimbursed. Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specified in the General Terms and
Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre - procurement review
and approval the procurement documents, such as requests for proposals;
invitations for bids and independent cost estimates. This requirement must
be passed on to any non - federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non - federal entity to which
the Subrecipient makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass- through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at htti)://mil.wa.gov/emergency-
management- division /grants /reguiredgrantforms with the signed
Agreement and each fiscal year thereafter until the Agreement is closed,
which is incorporated by reference and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, a -mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements;
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi. on -site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as
outlined above, for any non - federal entity to which the Subrecipient makes
a subaward as a pass- through entity under this Agreement.
DHS- FEMA- EMPG -FFY 15 Page 8 of 29 City of Federal Way; E16 -145
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e. Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin, which requires that subrecipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to
issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755 - 21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its
obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at
https://www.dhs.gov/ guidance - published- help - department- supported-
organizations- provide - meaningful- access - people - limited and additional
resources on http: /Iwww.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and
principles that answer how to manage emergencies from preparedness to
recovery regardless of their cause, size, location, or complexity. NIMS
provides a consistent, nationwide approach and vocabulary for multiple
agencies or jurisdictions to work together to build, sustain and deliver the
core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential Policy
Directive (PPD) -8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
C. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS /FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all -
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762).
DHS - FEMA - EMPG -FFY 15 Page 9 of 29 City of Federal Way, E16 -105
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2. A portion of the 15EMPG grant was identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their local /tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118 -09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only
to perform tasks as described in the Work Plan of the Subrecipient's application
for funding, as approved by the Department and incorporated into this Agreement.
Funding may not be used to replace or supplant existing local or tribal government
funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $47,208 of non - federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered reasonable, allowable, allocable, and necessary
under the grant program and must comply with all Federal requirements and
regulations, including but not limited to 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no less than three exercises in a 12 -month
period. The Subrecipient will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NIMS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No. EMW- 2015 -EP- 00028 -S01, which are incorporated and
made a part of this Agreement as Attachment #1.
9
DHS -FEMA- EMPG -FFY 15
Page 10 of 29 City of Federal Way, E16 -105
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in
2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set
forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state
agency, any division, section, office, unit or other entity of the Department, or any
of the officers or other officials lawfully representing that Department. The
Department is a recipient of a federal award directly from a federal awarding
agency and is the pass- through entity making a subaward to a subrecipient under
this Agreement.
C. "Subrecipient' when capitalized is primarily used throughout this Agreement in
reference to the non - federal entity identified on the Face Sheet of this Agreement
that has received a subaward from the Department. However, the definition of
" subrecipient" is the same as in 2 CFR 200.93 for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review
activities that are conducted to ensure compliance with all state and federal laws,
rules, regulations, authorities and policies.
f. "Investment" means the grant application submitted by the Subrecipient
describing the project(s) for which federal funding is sought and provided under
this this Agreement. Such grant application is hereby incorporated into this
Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Subrecipient shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or
modification of this Agreement. However, such amendment or modification shall not be
binding, take effect or be incorporated herein until made in writing and signed by the
authorized representatives of the Department and the Subrecipient. No other
understandings or agreements, written or oral, shall be binding on the parties.
AA AMERICANS WiTH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101 -336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be
in accordance with all the applicable current federal, state and local laws, rules and
regulations.
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A.6 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the
Subrecipient is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any federal
department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at
http / /mil wa gov /emergency - management- division /grantsirequiredgrantforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients or any
of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in "covered transactions" by any
federal department or agency. Covered transactions" include procurement contracts for
goods or services awarded under a non - procurement transaction (e.g. grant or
cooperative agree e, t) that are expected to equal or exceed $25,000, and subawards to
subrecipients for any amount. With respect to covered transactions, the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(httpL/ /www.sam.gov) maintained by the federal government. The Subrecipient also
agrees not to enter into any arrangements or contracts with any party on the Washington
State Department of Labor and Industries' "Debarred Contractor List"
(http: / /www. ini .wa.gov/TradesLicensing /PrevW age/ AwardingAgencies /DebarredContract
ors /). The Subrecipient also agrees not to enter into any agreements or contracts for the
purchase of goods and services with any party on the Department of Enterprise Services'
Debarred Vendor
(http / /www des wa gov /services /ContractingPurchasinci/Business /Paaes/Vendor-
_ Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Subrecipient to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
(2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Agreement, grant, loan, or cooperative
agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable,
the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub - contracts, sub - grants, and contracts
under grants, loans, and cooperative agreements) and that all sub - recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
DHS- FEMA- EMPG -FFY 15 Page 12 of 25 City of Federal Nay, E16 -1 p5
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A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of the
Subrecipient who exercises any functions or responsibilities with respect to the project
during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the
Department is not responsible for determining compliance with, any and all applicable
federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
policies. This obligation includes, but is not limited to: nondiscrimination laws and /or
policies, Energy Policy and Conservation Act (PL 94 -163, as amended), the Americans
with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93 -288, as amended), Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees (48 CFR Section 52.203 -5), Public Records Act (RCW
42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement
and award of any contracts with contractors or sub - contractors that are entered
into under the original contract award. The procurement process followed shall be
in accordance with 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non - Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of `federally assisted construction
contract" in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided
under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, "Equal
DHS- FEMA- EMPG -FFY 15 Page 13 of 29 City of Federal Way, E16 -105
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Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, `Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non - Federal entities must include a provision for compliance with the
Davis -Bacon Act (40 U.S.C. 3141 -3144, and 3146 -3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction ").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non - Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non - Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States "). The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non - Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where
applicable, all contracts awarded by the non - Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
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7) Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non - Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689 --A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government-
wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti - Lobbying Amendment (31 U.S.C. 1352�—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non - Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non - Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non -
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding agency,
the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract for the purpose of making audit,
examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
DHS- FEMA- EMPG -FFY 15 Page 15 of 29 City of Federal Way, E16 -105
23
15) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pr ub. L. 54 -163, 89 Stat. 871).
b. T he Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient must ensure that its procurement process
requires contractors and subcontractors to provide adequate documentation with
sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the
Subrecipient's responsibilities with respect to services provided under this Agreement is
prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute. A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties. The panel shall consist of a representative appointed
by the Department, a representative appointed by the Subrecipient and a third party
mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.13 LEGAL RELA TIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Subrecipient, its sub- contractors, subrecipients, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of (1) the Department, and (2) the
Subrecipient, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's
agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS) /Federal
Emergency Management Agency (FEMA), is an agency of the Federal government, the
following shall apply:
DHS -FEMA- EMPG -FFY 15 Page 16 of 29 City of Federal Way, E16 -105
24
44 CFR 206.9 Non - liability. The Federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the Federal
government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized Signature
representative and the Authorized Signature representative of the Subrecipient or
Alternate for the Subrecipient, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Agreement. Any alteration, amendment, modification, or waiver of any clause or
condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to projects or work plans,
and other requests, certifications and documents authorized by or required under this
Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a "Termination for Cause" without providing the
Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under `Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non - discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability (physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHANVISHA)
The Subrecipient represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Subrecipient's performance under this Agreement. To the extent allowed by law, the
Subrecipient further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
DHS- FEMA- EMPG -FFY 15 Page 17 of 29 City of Federal Way, E16 -105
25
A.20 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus
or commission for the purpose of obtaining approval of the application for such assistance
or any other approval or concurrence under this Agreement provided, however, that
reasonable fees or bona fide technical consultant, managerial, or other such services,
other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this Agreement wherein the Department's name is mentioned
or language used from which the connection of the Department's name may, in the
Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or
use such advertising and publicity matters without the prior written consent of the
Department. The Subrecipient may copyright original work it develops in the course of or
under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement. in accordance
with applicable federal, state, and local laws, regulations, and /or the provisions of the
Agreement, the Department reserves the right to recapture funds in an amount equivalent
to the extent of noncompliance. Such right of recapture shall exist for the life of the project
following Agreement termination. Repayment by the Subrecipient of funds under this
recapture provision shall occur within 30 days of demand. In the event the Department is
required to institute legal proceedings to enforce the recapture provision, the Department
shall be entitled to its costs and expenses thereof, including attorney fees.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Subrecipient's contracts, subawards, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Agreement (the "records ").
b. The Subrecipient's records related to this Agreement and the projects funded may be
inspected and audited by the Department or its designee, by the Office of the State
Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
9
DHS - FEMA- EMPG -FFY 15
Page 18 of 29 City of Federai Way, E 1 6-195
26
purposes of determining compliance by the Subrecipient with the terms of this
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement
and the funded project(s) for a period of at least six (6) years following final payment
and closure of the grant under this Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed.
A.26 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORKM/ORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement,
the project itself remains the sole responsibility of the Subrecipient. The Department
undertakes no responsibility to the Subrecipient, or to any third party, other than as is
expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third
party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws,
regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Subrecipient in connection with the project. The
Subrecipient shall not look to the Department, or to any state or federal agency, or to any
of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and /or attorneys' fees, in connection
with any claim or lawsuit brought by any third party related to any design, development,
construction, implementation, operation and /or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non - federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart
F. Non - federal entities that spend less than $750,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non- federal entity' means a State, local
government, Indian tribe, institution of higher education., or non - profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GALAS) as found
in the Government Auditing Standards (the Revised Yellow Book) developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DHS- FEMA- EMPG -FFY 15 Page 19 of 29 City of Federa! Way, E16 -105
27
the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR
Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or
a public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub - contractors also maintain auditable records.
The Subrecipient is responsible for any audit exceptions incurred by its own organization
or that of its sub - contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Subrecipient
must respond to Department requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The Department reserves the
right to recover from he Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430 -5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine (9) months after the end of the Subrecipient's
fiscal year(s) to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or
disallowing of osuspension of federal awards until the audit is
conducted and submitted; or termination of the federal award,
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and /or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever.
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient
an officer or ny claim,
demand, or application to or for any right or privilege applicable t employee
of the Department or of the State of Washington by reason of this Agreement, including,
but not limited to, Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which
would accrue to a civil service employee under Chapter 41,06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state
university, state colletare community employed by tghe state of Wash Washington in
their own right
the officers and employees
and not by reason of this Agreement.
Page ZC of 29 City of Federal Way, E10 -1 05
DHS- FEMA- EMPG -FFY 15 28
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for,
pay and maintain in current status all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for the Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed
to fulfill in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Subrecipient an opportunity to cure if it is not feasible as determined solely within the
Department's discretion. Any time allowed for cure shall not diminish or eliminate the
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement Agreement, e.g., cost of administering the competitive solicitation
process, mailing, advertising and other associated staff time. The rights and remedies of
the Department provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipient s control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience ".
DHS- FEMA- EMPG -FFY 15 Page 21 of 29 City of Federal Way, E16 -1C
29
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice. Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement, the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Agreement termination, the amount agreed upon by the Subrecipient and
the Department for (i) completed work and services and /or equipment or supplies provided
for which no separate price is stated, (ii) partially completed work and services and /or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and /or equipment or supplies which are accepted by the Department, and (iv) the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes"
clause of this Agreement. If the termination is for cause, the Department shall determine
the extent of the liability of the Department. The Department shall have no other obligation
to the Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient such sum as the Department determines to be necessary to protect the
Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as ' otherwise directed by the
Department in writing, the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and /or
facilities in relation to this Agreement except as may be necessary for completion of
such portion of the work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by
the Department, all of the rights, title, and interest of the Subrecipient under the orders
and contracts so terminated, in which case the Department has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and contracts, with the approval or ratification of the Department to the extent the
Department may require, which approval or ratification shall be final for all the
purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the
extent directed by the Department any property which, if the Agreement had been
completed, would have been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by
the Department in compliance with all contractual requirements; and
g, Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
DHS- FEMA- EMPG -FFY 15
Page 22 of 29 City of Federal way, P.16 -105
30
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority -
owned and /or women -owned in carrying out the purposes of this Agreement. The
Subrecipient may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326 -30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and
performance shall be governed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this Agreement shall be the Superior Court of Thurston
County, Washington. The Subrecipient, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance
by the Department in writing. The Department's failure to insist upon strict performance
of any provision of the Agreement or to exercise any right based upon a breach thereof,
or the acceptance of any performance during such breach, shall not constitute a waiver of
any right under this Agreement.
DHS -FEMA- EMPG -FFY 15 31 Page 23 of 29 City of Federal Way. E16 -1C
Exhibit C
15EMPG WORK PLAN
Emergency Management Organization: City of Federal way
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State
does not require a specific number of activities to receive EMPG funding. However, there are required capabilities
that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to
communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include 15EMPG grant and local funds). _-
Community Emergency Response Team
Will conduct 3 basic CERT classes open to the community. CERT is done to train residents in life saving skills
> and to focus them on preparedness actions within their household. This is a priority for the Federal Way
Emergency Management program as it develops a pool of trained volunteer emergency workers. These
p workers provide essential support to EOC operations and field response.
Training
Performance Measures) that will be used to evaluate the program area
Measurement (how to tell if success has been ochievew
Graduate at least 42 people from 3 CERT classes offered
(minimum class of 14)
i
a
Target (intended outcome)
The goal is to have the graduates trained in life saving skills and
have better prepared households. They would also be used as
I volunteer emergency workers in disaster response by the City of
} Federal Way.i
CERT Class #1
Milestone: Order CERT supplies for class of 35
1 Conduct advertising in Parks and Rec catalog along with
Milestone: fliers sent out via Safe City connection and email
(/►
CERT Class #2
---- - - - - -- -- - - - - --
F:.
Milestone:
---
Order CERT supplies for class of 35
j
2
Conduct advertising in Parks and Rec catalog along with
Milestone:
fliers sent out via Safe City connection and email
Q
groups.
CERT Class #3
Milestone:
Order CERT supplies for class of 35
3
Conduct advertising in Parks and Rec catalog along with
Milestone:
fliers sent out via Safe City connection and email
groups.
sustainment
October 2015 To November 2015
October 2015 to November 2015
sustainment
January 2016 to February 2016
January 2016 to February 2016
_ sustainment
May 2016 to June-201-6----
May 2016 to June 2016
„sus.. ,..�...�..... _.._. they have, and provide training in areas they wish to help in. This is to increase public awareness and
engagement in helping the community respond to and recovery from disasters. Churches will be asked to
serve as emergency points of information, conduct wellness checks, and use of facilities and staff. Having
o them engaged in preparedness activities so that response expectations are known and understood. The
cc faith based community is a vital resource in the Federal Way community and doing training and planning
upfront will make for a smooth operation if they are ever called upon to assist in an emergency or disaster.
DHS- FEMA- EMPG -FFY 15 3age 24 of 29 City of Federal Way, E16 -105
Mutual Aid
Performance Measure(s) that will be used to evaluate e the program area
Target (intended outcome) measurement (how to tell if success has been achieved)
At least four churches engaged in the local emergency Four churches identified with a point of contact and how
management program. End goal is to have an established point of they wish to help.
contact with each church and that the churches have agreed and
decided how the City can call upon them during a disaster
Church outreach and engagement enhancement
Milestone: Develop point of contact and area of interest to help. August 2015 to August 2016
Milestone: Hold initial meeting with Church leadership. August 2015 to August 2016
LU Hold follow up meeting to discuss training detail and
P Milestone: needs of Church based on what they wish to do for the August 2015 to August 2016
community in'tImes; of emergency or disaster.
Milestone: Churches members trained in CERT August 2015 to August 2016
Establish a response team (from trained members) to
Milestone: focus on the activities that the church wishes to provide August 2015 to August 2016
during response to an emergency. Could be shelter
training etc.
Radio Test of CEMNET, 800Mhz, 150Mhz and Amateur Radio
Take part in internal external radio checks, drills, and exercises. This is to ensure the communication
>
equipment is in as close to a constant state of readiness as possible along with having trained operator to
use the equipment. Having communication systems up and running is vital to any effective response and
0 recovery effort.
Communications and Warning
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
The intended outcome is to regularly have communication ct regular successful use of communication systerT
equipment tested and used ensuring that it is working and having i making contact, equipment working properly and staff
people trained in how to operate the systems. i knowing how to use it.
CEMNET weekly radio test (State EOC) sustainment
Milestone: Take part in at least 48 test out of 52 August 2015 to August 2016
Ui
800Mhz weekly radio test (King County EOC)
2
Milestone: Take part in at least 48 test out of 52
August 2015
to
sustainment
August 2016
quarterly test internal
sustainment
>
-15OMhz
3 Milestone: EOC to EOC drill
August 2015
to
August 2016
Milestone: Windshield survey drill
January 2016
to
March 2016
Amateur Radio 5th Saturday drills, ReI4,pay, SET
enhancement
4 Milestone: Field Day
June 2016
to
June 2016
Milestone: SET
October 2015
to
October 2015
DHS-FEMA-EMPG-FFY 15 Pa%%25 of 29 City of Federal Way, El 6-106
CodeRed
> To ensure system is operational with trained staff. Staff need to know how to log onto the system and
setup a notification in a timely manner. This also ensures the data base of contact information is kept fairly
LU current and accurate.
r
m
O
Communications and Warning _ u
Performance Measures) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
System is working properly and staff know how to use it - provides Three planned uses of the system with an 80% connect
a rapid means to communicate emergency information Citywide. rate.
Residents will be better informed in a fairly quick and accurate
way.
July 4 Safety message
N 1 Milestone: Conduct training
W Milestone: Message sent
F
> September Preparedness and system test _
Milestone: 8091. connect rate.
Q New Year's Eve message _
Milestone: 80% connect rate.
Emergency Operation Center (EOC) Training
To hold monthly EOC trainings that will focus on sheltering, supply distribution, evacuation, volunteer
> management and other activities identified from test, drills and exercises.
us I
co I
} O
Operational Planning
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Identified responders and EOC staff will better know their roles in 1 1 Conduct at least 7 workshops
the EOC and how the EOC works with the field units. The goal is to
have an effectively trained pool of people to staff and operate the
EOC.
sustainment
July 2015 to
July 2015
July 2015 to
July 2015
j
enhancement
September 2015 ; to
September 2015
1 Milestone: delivery.
sustainment
December 2015 to
January 2016
Emergency Operation Center (EOC) Training
To hold monthly EOC trainings that will focus on sheltering, supply distribution, evacuation, volunteer
> management and other activities identified from test, drills and exercises.
us I
co I
} O
Operational Planning
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Identified responders and EOC staff will better know their roles in 1 1 Conduct at least 7 workshops
the EOC and how the EOC works with the field units. The goal is to
have an effectively trained pool of people to staff and operate the
EOC.
DHS- FEMA- EMPG -FFY 15 Page 26 of 29 City of Federal Way, E16 -106
Hold essential supply workshops to establish guidance on how essential supplies (food, water,
enhancement
medicine) may be delivered to residents in times of emergency or disaster.
- - - - - --
- -- --
Conduct at least 2 workshops on essential supply October 2015 to
August 2016
1 Milestone: delivery.
Identify locations within Federal Way that could serve October 2015 to
August 2016 }
V1
u.i
Milestone:
as distribution points and work out traffic flow.
H
Hold evacuation planning workshops that focus on Saint Francis Hospital and the large assisted
enhancement
�.,
living communities within Federal Way.
U
2 Milestone: Conduct at least 2 workshops on evacuation scenarios. January 2016 to
- - _
August 2016
-
a
Develop a guidance paper to aid decision makers in January 2016 to
August 2016
Milestone: conducting an evacuation.
Hold sheltering planning workshops that will discuss establishment of shelters and long term
enhancement
3
operational concerns.
-
DHS- FEMA- EMPG -FFY 15 Page 26 of 29 City of Federal Way, E16 -106
Conduct at least 1 workshop to discuss sheltering
March 2016 to
August 2016
Milestone:
concerns and issues.
_
Develop a guidance paper to aid decision makers in
March 2016 to
August 2016
Milestone:
conducting shelter operations.
Hold volunteer management training with CERT team members to discuss the process of using
enhancement
spontaneous volunteers.-
-
4 Milestone: Conduct at least 2 workshops and 1 drill focus on
April 2016 to -
August 2016
spontaneous volunteers.
Develop a guidance paper to aid CERT members in
April 2016 to
April 2016
Milestone..
processing and using volunteers.
DHS- FEMA- EMPG -FFY 15 Pagp_*7 of 29 City of Federal Way, El 6-106
Exhibit D
TIMELINE
IFFY 2015 Emergency Management Performance Grant Program
DATE
TASK
June 1, 2015
Grant Agreement Start Date
January 30, 2016
Submit reimbursement request
April 30, 2016
Submit reimbursement request
August 31, 2016
Grant Agreement End Date
October 15, 2016
Submit final reimbursement request, additional reports, and /or
deliverables.
DHS- FEMA- EMPG -FFY 15 §age 28 of 29 City of Federal Way, El 6-106
Ext><ibk E
BUDGET
FFY 2015 Emergency Management Performance Grant Program
$
15EMPG AWARDI $ 47,20$ -00
Z
0 Overtime /Backfill
SOLUTION
$
$ -
~ Consultants /Contractors
AREA
CATEGORY
EMPG AMOUNT
MATCH AMOUNT
Salaries & Benefits
$
Q Travel /Per Diem
Overtime /Backfill
$ -
$ -
Z
Consultants /Contractors
$ -
$ -
ZGoods
& Services
$ -
$
g
Travel /Per Diem
$
$
°-
Indirect
0Y. $
$ -
$
Subtotal $
Goods & Services
Salaries & Benefits
$
$ 116,740
Z
0 Overtime /Backfill
$
$ -
~ Consultants /Contractors
$
$ "
N Goods & Services
$
$ 20,841
Q Travel /Per Diem
$
Indirect
0%
$
$
147,208
0
Subtotal
$
$ 137,581
Salaries & Benefits
$
$
Overtime /Backfill
$
$
W
� Consultants /Contractors
$
$
Goods & Services
$ -
x Travel /Per Diem
W
Indirect
09'0
$
-
- $
Subtotal
$
- $ -
Salaries & Benefits
$
- $ "
Overtime /Backfi l I
$
- $
Z_ Consultants /Contractors
$
- $
Z Goods & Services
$
$ -
Travel /Per Diem
$
- $
~ Indirect
0%
$
- $ -
Subtotal
$
- $ -
a Equipment
$
$
Indirect
"'
0%
Subtotal
$
$
- $ -
- $
Salaries & Benefits
$
- $ -
Overti me /Ba c kfi i i
$
- $ -
Consultants /Contractors
$
- $ "
0 Goods & Services
$
- $ -
Travel /Per Diem
$
- $
Indirect 0% $ - $ -
Subtotal $ - $ -
TOTAL Grant Agreement AMOUNT: $ 47,208 $ 137,581
• The Subrecipient will provide a match of at least $47,208, 50% of the total project cost (local /tribal budget plus EMPG
award). of non - federal origin.
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S. Department of Homeland Security - PI# 753PT — EMPG
DHS -FEMA- EMPG -FFY 15 Pac;AT9 of 29 City of Federal Way. E16 -106
U.S. Department of Homeland Security
Washington, D.C. 20472
Attachment 1
Bret Daugherty
Washington Military Department
Building 20
:Camp Murray, WA 98430
!Re: Grant No. EMW- 2015 -EP -00028
Dear Bret Daugherty:
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2015 Emergency Management Performance Grants has been approved in the amount of $7,219,265.00 .
As a condition of this award, you are required to contribute a cost match in the amount of $7,219,265.00 of non - Federal funds,
or 50 percent of the total approved project costs of $14,438,530.00 .
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, piease follow these instructions:
Step 1: Please go on -line to the ND Grants system at https: / /portal.fema.gov. After logging in, you will see a subtitle Grants
Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records.
Step 2: Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign -up Form. The information on
the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1 F "Other.'
The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor
Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial
institution. Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn: Vendor Maintenance
P.O. Box 9001
Winchester, VA 22604
Secured Fax: (540) 504 -2625
Email: FEMA- Finance @FEMA.DHS.gov
System for Award Management (SAM): Please ensure th# your organization's name, address. DUNS number, EIN, and
banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all
Attachment
FEMA awards. The System for Award Management is located at http:llwww.sam.gov. Future payments will be contingent on
the information provided in the SAM; therefore it is imperative that the information is correct.
If you have any questions or concems regarding the process to request your funds, please call (866) 927 -5646.
JEFFREY JAMES, Acting Division Director, FEMA Region X
f
39
-2-
Attachment 1
2014-10-01 00:00:00.0
GRANTEE:
PROGRAM:
AGREEMENT
NUMBER:
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
Washington Military Department
Emergency Management Performance
Grants
E M W - 2015 -E P- 00028 -S01
TABLE OF CONTENTS
2015 EMPG HOLD on FUNDS
Acknowledgement of Federal Funding
from DHS
Activities Conducted Abroad
Age Discrimination Act of 1975
Americans with Disabilities Act of 1990
Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Title VI of the Civil Rights Act of 1964
Civil Rights Act of 1968
Copyright
40
-3-
Attachment
Article X
Assurances, Administrative
Requirements and Cost Principles
Article XI
Debarment and Suspension
Article X1
Drug -Free Workplace Regulations
Article XIII
Duplication of Benefits
Article XIV
Energy Policy and Conservation Act
Article XV
Reporting Subawards and Executive
Compensation
Article XVI
False Claims Act and Program Fraud
Civil Remedies
Article XVII
Federal Debt Status
Article XVII1
Fly America Act of 1974
Article XIX
Hotel and Motel Fire Safety Act of 1990
Article XX
Limited English Proficiency (Civil Rights Act of
1964, Title VI)
Article XXI
Lobbying Prohibitions
Article XXII
Non- supplanting Requirement
Article XXIII
Patents and Intellectual Property Rights
Article XXIV
Procurement of Recovered Materials
Article XXV
Contract Provisions for Non - federal Entity
Contracts under Federal Awards
Article XXVI
SAFECOM
Article XXVII
Terrorist Financing E.O. 13224
Article XXVIII
Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX
Trafficking Victims Protection Act of 2000
Article XXX
Rehabilitation Act of 1973
Article XXXI
System of Award Management and Universal
Identifier Requirements
Article XXXII
USA Patriot Act of 2001
Article XXXIII
Use of DHS Seal, Logo and Flags
Article XXXIV
Whistleblower Protection Act
Article XXXV
DHS Specific Acknowledgements and
Assurances
Article XXXVI
Disposition of Equipment Acquired Under the
Federal Award
Article XXXVII
Prior Approval for Modification of Approved
Budget
Article XXXVII I
Acceptance of Post Award Changes
41
-4-
Attachment I
Article 1- 2015 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015
EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article II - Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
wit h Federal funds.
Article III - Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article IV - Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et
seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V - Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles 1, II, and III of the Americans with Disabilities Act,
which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §
12101 - 12213).
Article VI - Best Practices for Collection and Use of Personally Identifiable Information (Pli)
All recipients who collect PII are required to have a publically- available privacy policy that describes what Pll
they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy template respectively
Article VII - Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d
et se .), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
Article Vlll - Civil Rights Act of 1968
All recipients must comply with Title Vlll of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42
U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at-24 C.F.R.
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units —i.e., the public and common use areas and individual apartment units (all
units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and
constructed with certain accessible features (see 24 C.F.R. § 100.201).
Article IX - Copyright
42
-5-
Attachment
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government
(e.g., classified information or other information subject to national security or export control laws or regulations).
Article X - Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 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 and audit requirements and cost principles that apply to DHS award recipients originate from ;
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, frau
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
Article Xll - Drug -Free Workplace Regulations
All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. � 701 et sep.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS
has adopted the Act's implementing regulations at 2 C.F.R Part 3001.
Article XIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude the non - Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards.
Article XIV - Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. � 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV - Reporting Subawards and Executive Compensation
a. Reporting of first -tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recove
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009
Pub. L. 111 -5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http: / /www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month i
which the obligation was made (For example, if the obligation was made on November 7
2010, the obligation must be reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that the submission
instructions posted at http: / /www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives f43 the preceding completed fiscal year, if—
WO
Attachment 1
i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the
preceding fiscal year, you received —
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term: i. As part of your registration profile at https: / /www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first -tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if-
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
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:
i. Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
-7-
Attachment
iv. A domestic or foreign for -profit organization;
V. A Federal agency, but only as a subrecipient under an award or subaward to anon- Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to cant' out
the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB
Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations-).
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to
you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non - equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans.
V. Above - market earnings on deferred compensation which is not tax - qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severanc
termination payments, value of life insurance paid on behalf of the employee, perquisites
property) for the executive exceeds $10,000.
Article XVI - False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federE
payments shall submit a false claim for payment. See also 38 U.S.C. § 3801 -3812 which details the
administrative remedies for false claims and statements made.
Article XVII - Federal Debt Status
All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant &
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular
129 and form SF -424B, item number 17 for additional information and guidance.
Article XVIII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B- 138942.
Article XIX - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients n
ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal fund:
complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974
amended, 15 U.S.C. §2225. 45
Attachment 1
Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
.and services. Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation. In order to facilitate compliance with Title VI,
recipients are encouraged to consider the need for language services for LEP persons served or encountered in
developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
,organizations and entities in understanding their language access obligations. DHS published the required
recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title Vi
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg.
21755- 21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine
the extent of its obligation to provide language services; selecting language services; and elements of an effective
plan on language assistance for LEP persons. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance https://www.dhs.goviguidance- published -help-
department- supported- organizations - provide - meaningful- accesspeople- limited and additional resources on
http: / /www.lep.gov.
Article XXI - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award
may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal action concerning the award or renewal.
Article XXII - Non - supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
funds do not replace (supplant) funds that have been budgeted for the same purpose through non - Federal
sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be
required to demonstrate and document that a reduction in non - Federal resources occurred for reasons other than
the receipt of expected receipt of Federal funds.
Article XXIII - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act, Pub. L. No. 96 -517, as amended,
and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements goveming the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401.14.
Article XXIV - Procurement of Recovered Materials
All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Article XXV - Contract Provisions for Non - federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition
Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies
46
Attachmeni
in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as
appropriate.
b. Contracts in excess of $10,000.
All recipients that have contracts exceeding $10,000 must address termination for cause and for
convenience by the non - Federal entity including the manner by which it will be effected and the basis for
settlement.
Article XXVI - SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII - Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
Article XXVIII - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et seg.), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX - Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government -wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, Novembe
13, 2007. Full text of the award term is located at 2 CFR 175.15.
Article XXX - Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 9973, 29 U.S.C.
794, as amended, which provides that no otherwise qualified handicapped individual in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XXXI - System of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award terry
may receive a subaward from you unless the entity has provided its unique entity identifier to yoL
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier tc
you. 47
-10-
Attachment 1
C. Definitions
For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
hftp: / /www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A
foreign public entity;
C. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
C. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
Article XXXII - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C.§ 175 -
175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological
agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose.
Article XXXIII - Use of DKS Seal, Logo and Flags
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XXXIV - Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 2400, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and 4310
Article XXXV - DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree —and require any sub - recipients, contractors, successors,
transferees, and assignees acknowledge and agree —to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1 . Recipients must cooperate with any compliance review or complaint investigation conducted by
DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and
other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws Sorg program guidance.
- 11 -
Attachment
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status against the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the DHS Componei
and /or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXVI - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub- recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS /FEMA, you must request instructions from DHS /FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200.313.
Article XXXVII - Prior Approval for Modification of Approved Budget
Before making any change to the DHS /FEMA approved budget for this award, you must request prior written
approval from DHS /FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities witho
prior written approval from DHS /FEMA where the cumulative amount of such transfers exceeds or is expected tc
exceed ten percent (10 %) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS /FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budge
deviation, regardless of whether the budget deviation requires prior written approval.
Article XXXVIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927 -5646 or via e -m-,
to ASK- GMD(a-)_dhs.gov if you have any questions.
49
-12-
1a. AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
EMW- 2015 -EP- 00028 -S01 AMENDMENT 916001095G NO. ACTION FY2015R10EMPG
NO. AWARD
6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND 8. PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military Grant Operations 500 C Street, S.W., Room 723
Department 245 Murray Lane - Building 410, SW Washington DC, 20472
Building 20 Washington DC, 20528 -7000
Camp Murray, WA, 98430 POC: 866- 927 -5646
9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER (253) Central Scheduling and Information Desk
Sierra Wardell 512 -7121 Phone: 800- 368 -6498
Email: Askcsid @dhs.gov
11. EFFECTIVE DATE OF 12. 13, ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement
From: To:
10/01/2014 OF
PAYMENT 10/01/2014 09/30/2016
PARS Budget Period
10/01/2014 09/30/2016
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL
ACRONYM XXXX -XXX- AWARD THIS AWARD COMMITMENT
XXXXXXY.XXXX_XXXX- ACTION
XXXX -X + OR ( -)
Emergency 97.042 2015 -EM- Dill -R107- $0.00 $7,219,265.00 $7,219,265.00
Management .4101- D:FY2015R10EMPG
Performance $ 7,219,265.00
Grants
TOTALS SO $,lI9�Z65<At50
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
$7,219,265.00
$7,*1g ,265.001
16 a. FOR NON - DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
t required to sign and return copies of this document. However, recipients
Emergency Management Performance Grants recipients are no
should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENC IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation citec
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Bret Daugherty, The Adjutant General
50
DATE
09/22/2015
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
09/14/2015
KIMBERLY PENFOLD , Assistance Officer
51
COUNCIL MEETING DATE: November 17, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SECOND AMENDMENT TO THE JGM TECHNICAL SERVICES "ON- CALL" ELECTRICAL
AGREEMENT
POLICY QUESTION: Should the City Council authorize a second amendment to the JGM Technical Services
"On- Call" Electrical Agreement?
CONIMITTEE: PRHSPS MEETING DATE: Nov. 10, 2015
CATEGORY'
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve lkerd, Parks Deputy Director DEPT: Parks
Attachments: JGM Technical Services 2nd Amendment
Options Considered:
1). Authorize a second amendment to the JGM Technical Services Agreement by extending their term an
additional two years and increase the compensation $40,000 for a contract total of $140,000.00.
2). Do not authorize a second amendment and provide direction to staff.
MAYOR'S RECOMMENDAWN: Option 1
MAYOR APPROVAL
CHIEF OF STAFF: h Lj-
M
S
APPROVAL:
CONINiITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 17, 2015 consent
agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the JGM Technical Services Second Amendment, effective
January 1, 2016 through December 31, 2017 with a total compensation of $140,000.00, and authorize the
Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENTED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOWED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 1/2015 RESOLUTION #
53
CITY Of 3332 HALL
Federal Way 3332 8th y,141A South
Federal Way, �t'!�, 98 003 -6325
t2534 835- 7E300
trrrar. c:it�ro�r��r�tiv�3V car:
AMENDMENT NO.2
TO
MAINTENANCE AGREEMENT
FOR
ON -CALL ELECTRIC SERVICES
This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and JGM Technical Services, Inc., a Washington Corporation ( "Contractor "). The City and
Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the
original Agreement for On -Call Electric Services ( "Agreement ") dated effective March 1, 201.2, as amended by
Amendment No. 1 as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2017 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -2, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall
be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance
and payment of this Agreement.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perj ury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
54
AMENDMENT - 1 - 1/2010
CITY OF
�._. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
;,1r w <:ityatnederahray core
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
im
Jim Ferrell, Mayor
DATE:
JGM TECHNICAL SERVICES, INC
LM
Jim Monson, President
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Stephanie Courtney, CMC
APPROVED AS TO FORM:
City Attorney, Amy Jo Pearsall
On this day personally appeared-before me -Jim Monson, to me known to be the President of JGM Technical
Services, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said
corporation.
GIVEN my hand and official seal this day of
20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
55
AMENDMENT -2- 1/2010
CITY OF CITY HALL
33325 8th South
Federal Way
Federal Way, , WA WA 98003 -6325
f253�835 -7000
smvw o offeieraMay -coo
EXHIBIT B -2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services during the term as amended in Amendment No. 2 through
December 31, 2017, the City shall pay the Contractor an additional amount not to exceed Forty Thousand and
00/100 Dollars ($40,000.00). The total amount payable to Contractor pursuant to the original Agreement and this
Amendment shall be an amount not to exceed One Hundred Forty Thousand and 00/100 Dollars ($140,000.00).
56
AMENDMENT - 3 - 1/2010
COUNCIL MEETING DATE: November 17, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: UPDATE OF THE FEDERAL WAY REVISED CODE (FWRC) REGARDING
FIREWORKS.
POLICY QUESTION: Should the City Council update the FWRC regarding fireworks?
CommTrTEE: PRHSPSC MEETING DATE: Nov 17, 2015
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: an Call, Assistant City Attorney DEPT: Law
Attachments: 1. Proposed ordinance
Background: In addition to moving the regulation of fireworks to the more logical location of Title 6 "Public Safety and Welfare" the
proposed ordinance clarifies the local permitting process to be consistent with state law, cleans up and removes redundant language,
imposes a fine of $250 for illegal possession or discharge of fireworks, and criminalizes reckless discharge that results in serious physical
injury or damage to another's property.
Options Considered:
(1) Adopt the proposed ordinance to repeal Chapter 1255 and replace it with updated regulations in new Chapter 6.63.
(2) Decline to adopt the ordinance as proposed and provide direction to staff.
MAYOR'S RECONDmNDATION: Adopt the proposed ordinance. nn,�� 0
MAYOR APPROVAL: /c7 %D DIRECTOR APPROVAL: ,hj T +O•Z(p'15
Co nee Com InitiaMate
Initial a Ini
CLEF OF STAFF:
C e C
e
COrLNnTIEE REcoNLV1ENDA ON: "I move to forward 4e proposed ordinance for First Reading on November 17, 2015. "
Committee Chair Committ ee Member Committee Member
PROPOSED COUNCIL MOTION(S):
Is` READING OF ORDINANCE (DATE): "I move to forward the proposed ordinance to the December 1, 2015
Council Meeting for second reading and enactment. "
2" READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 15T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READ[ iG (ordinances only) ORDINANCE #
REVISED- 1/2015 57 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, repealing
Chapter 12.55 relating to Fireworks and adopting new Chapter 6.63
relating to Fireworks.
WHEREAS, chapter 70.77 RCW is the state law relating to fireworks sale and use; and
WHEREAS, notwithstanding chapter 70.77 RCW, the State Legislature has not preempted
the ability of local jurisdictions to adopt ordinances related to fireworks and has expressly authorized
local ordinances that are more restrictive than state law; and
WHEREAS, the City Council has previously found that the risk of fire and property damage
is increased by the sale and use of both "dangerous" and "consumer" fireworks as defined by RCW
70.77.136 and that banning the display of fireworks by those who have not obtained a City - issued
display permit reduces the risks associated with fireworks; and
WHEREAS, the regulation of fireworks is a fimction of protecting the Public Safety and
Welfare, and therefore, regulations controlling the use of fireworks are more appropriately located
under Title 6 of the Federal Way Revised Code (F)VRC); and
WHEREAS, increasing the fine for illegal use of fireworks to $250 and adopting criminal
sanctions consistent with state law is an appropriate method of enforcing this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Chapter 12.55 FWRC, "Fireworks," is hereby repealed in its entirety.
Section 2. Title 6 of the Federal Way Revised Code is amended to add a new Chapter
6.63, "Fireworks," as follows:
Ordinance No. 15-
58
Page I of 6
Rev 1115
Sections:
Chapter 6.63
FIREWORKS
Article 1. Generally
6.63.010 Definitions.
6.63.020 Construction.
6.63.030 Non - prohibited acts — Signal purposes, forest protection.
6.63.040 Special effects for entertainment media.
6.63.050 Possession use sale and discharge of fireworks unlawful.
Article ll. Permits
6.63.060
Permit required — Display of fireworks.
6.63.070
Application for public display permit.
6.63.080
6.63.090
Permit fees.
Issuance — Nontransferable — Voiding.
6.63.100
State - licensed pyrotechnician required.
6.63.110
6.63.120
Plan -view of site.
Reinforcement of fire protection.
6.63.130
6.63.140
Removal of combustible debris.
Disposal of undischarged fireworks.
6.63.150
6.63.160
Revocation of permit.
Areas of public access.
Article 1. Generally
6.63.010 Definitions.
The definitions in RCW 70.77.120 through 70.77.241 are adopted by reference.
Ordinance No. 15-
59
Page 2 of 6
Rev 1115
6.63.020 Construction.
This chapter is intended to implement and supplement Chapter 70.77 RCW and shall
be construed to be consistent with that law and any and all rules or regulations issued
by the state pursuant thereto.
6 63 030 Non - prohibited acts — Signal purposes, forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation
of motor vehicles railroads or other transportation agencies for signal purposes or
illumination or for use in forest protection activities.
6.63.40 Special effects for entertainment media.
This chapter does not prohibit the assembling compounding use and display of special
effect, of whatever nature by a person engaged in the production of motion pictures;
radio or television productions theatricals or operas when such use and display is a
necessary part of the production and such person possesses a valid permit issued by
the city to purchase possess transport or use pyrotechnic devices.
6 63 050 Possession, use, sale and discharge of fireworks unlawful.
Except as authorized by state license and a city public display permit granted pursuant
to this chapter and RCW 70 77 260 (public display) or RCW 70.77.311 (use by group or
individual for religious or other specific purpose on approved date and as approved
location) it is unlawful for any person to possess use sell discharge or explode
fireworks of any kind within the city_ Violation of this section is a civil infraction
punishable by a fine of $250 Any person who discharges or uses a firework in a
reckless manner that creates a substantial risk of death or serious physical injury to
another person or damage to the property of another is guilty of a gross misdemeanor.
Article 11. Permits
6.63.60 Permit required – Display of fireworks.
It is unlawful for any person to engage in a public display of fireworks within the city
without a valid permit issued by the city pursuant to the provisions of this Chapter and
Chapter 70.77 RCW.
6.63.70 Application for public display permit.
Any person desiring to put on a public display of fireworks shall apply in writing to the
local fire official for a public display permit at least fourteen days in advance of the
proposed display. The applicant shall submit information and evidence consistent with
WAC 212 -17 -270 and proof of bond or liability insurance as required by state law. Upon
receipt of the local fire official's report submitted to the city pursuant to Chapter 70.77
RCW the city building official shall review the local fire official's recommendation as to
Ordinance No. 15-
60
Page 3 of 6
Rev 1!15
the issuance of the permit and grant the application if it meets the requirements of
Chapter 70.77 RCW and this chapter. Permits may be issued with conditions as
outlined in FWRC 6.63.120.
6.63.80 Permit fees.
The application fee for a city permit shall be assessed per the City Fee Schedule
maintained by the city clerk.
6.63.90 Issuance — Nontransferable — Voiding.
A public display permit issued pursuant to this chapter is valid only for the specific event
described in the permit application. Permits are nontransferable. Any transfer or
unauthorized use of a permit is a violation of this chapter and shall void the permit.
6.63.100 State - licensed pyrotechnic operator required.
All public fireworks displays shall be planned organized and discharged by a state -
licensed pyrotechnic operator.
6.63.110 Plan view of site.
A drawing shall be submitted with an application for the display of fireworks permit
showing a plan view of the fireworks discharge site and of property within 900 feet of
the site. The drawing shall include all structures fences, barricades, streets, fields,
streams and anything that may potentially catch flame. The drawing shall also highlight
any potential impediment to firefighting efforts.
6.63.120 Reinforcement of fire protection.
When recommended as appropriate by the local fire official, a permit may be authorized
with conditions deemed necessary to mitigate risks to public health, safety and welfare.
For example a permit may be issued contingent on a fire department pumper and a
minimum of two trained firefighters being on site 30 minutes prior to and after the event.
The cost of such conditions fall on the applicant. Firefighter wages and equipment costs
shall be compensated per the Washington State Chiefs Association's fee schedule.
6.63.130 Removal of combustible debris
All combustible debris and trash shall be removed from the area of discharge and 300
feet in all directions.
6.63.140 Disposal of undischarged fireworks.
All unfired or "dud" fireworks shall be disposed of in a safe manner.
6.63.150 Revocation of permit.
Ordinance No. 15-
61
Page 4 of 6
Rev 1115
The city building official may summarily revoke a fireworks display permit at any time
the local fire official determines that the planned display causes unacceptable risks to
public health safety and welfare. For example a permit may be revoked for an
applicant's noncompliance with required conditions of the permit a change in weather
conditions or the ignition of an accidental fire in the vicinity due of the display.
6.63.160 Areas of public access.
Areas of public access at the display location shall be determined by the local fire
authority and maintained in a manner approved by the local fire authority.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or
its application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force one (1) year from
and after its passage and publication, as provided by law.
Ordinance No. 1S-
62
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PASSED by the City Council of the City of Federal Way this day of
,20
ATTEST:
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 15-
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