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AG 16-00211 RETURN TO: RA Y G kcis EXT:7 /�� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: FlY11✓r" jc'1 11 2. ORIGINATING STAFF PERSON: Pri [ %r r'f� 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES /CDBG ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL i (1i, 1 cisy t vii. el,-) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT(AG #): OTHER 6R4I r EXT: , , 7i; 3. DATE REQ. BY: - is 14 5. PROJECT NAME: at1> F v1L i.4z/ f4fcrvt c� �.�.� �� fie),' /L61)./ (,0lt' 6 at, 6. NAME OF CONTRACTOR: V"Lrii 5tcd /{ 1 l) 4 7 �� e� ADDRESS: c E -MAIL: SIGNATURE NAME: 1 =t ittw d A t'v od F r- TELEPHONE FAX: TITLE CFO 7. EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: J`1 al e ,� 1 (/ COMPLETION DATE: �� J- �fS 3), )0/ 9. TOTAL COMPENSATION $ A. /14 JGtc ��� L(J y 0 _ (INCLUDE EXPENSESANDSALESTAX.IFANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH .'CHEDLI`` LES OF MPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 1S SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW PROJECT MANAGER Ig/DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) Kt LAW 11. COUNCILAPPROVAL(IFAPPLICABLE) INITIAL /DATE REVIEWED off 06/ 3 o / f c2(J t// r (7 COMMITTEE APPROVAL DATE: INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE S G1\ ED AW DEPARTMENT CHIEF OF STAFF Xr SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: APP tioI e o . pq ) S656 c\%t 0 a ►:ram AG# /(p "C0c9, DATE SENT: / "Y'149 t1 (1/rtr/ cjLt. II/9 Washington State Military Department HOMELAND SECURITY GRANT 1. Subrecipient Name and Address: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 2. Grant Agreement Amount: $47,208 3. Grant Agreement Number: E16 -105 4. Subrecipient Contact, phone /email: Ray Gross, (253) 835 -2712 ray.grossacityoffede ralway.com 5. Grant Agreement Start Date: June 1, 2015 6. Grant Agreement End Date: August 31, 2016 7. Department Program Manager, phone /email: Sierra Wardell, (253) 512 -7121 sierra.wardell Amil.wa.gov 8. Data Universal Numbering System (DUNS): 612509901 9. UBI # (state revenue): 601- 223 -538 10. Funding Authority: Washington State Military Department (the "DEPARTMENT ") and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Identification #: EMW- 2015 -EP- 00028 -S01 12. Federal Award Date: 09/22/2015 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: 97.042 (15EMPG) 14. Total Federal Amount #: $7,219,265 15. Program Index # & OBJ /SUB -OBJ: 753PT NZ 16. TIN: 91- 1462550 17. Service Districts: (BY LEGISLATIVE DISTRICT): 30 (BY CONGRESSIONAL DISTRICT): 9 18. Service Area by County(ies): King County 19. Women /Minority - Owned, State Certified ?: X N/A • NO • YES, OMWBE # 20. Agreement Classification • Personal Services • Client Services X Public/Local Gov't • Research /Development • A/E • Other 21. Contract Type check all that apply): • Contract X Grant X Agreement • Intergovernmental (RCW 39.34) • Interagency 22. Subrecipient Selection Process: X To all who apply & qualify" • Competitive Bidding • Sole Source ❑ A/E RCW is N/A • Filed w /OFM? • Advertised? • YES ONO 23. Subrecipient Type (check all that apply) • Private Organization /Individual • For - Profit X Public Organization /Jurisdiction • Non - Profit • 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. DHS /FEMA 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. THE D �I E RECIP NT: ..----- /1,--Ar /157— Signature Date %. gna re Date Richard A. Woodruff, Contracts Administrator Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: APPROVED .. T� F!,,- M (if applicable): Brian E. Buchholz (signature on file 9/22/2015) %� 0 ;i WV/5 Assistant Attorney General Applicant's Legal Review Date DHS - FEMA - EMPG -FFY 15 Page 1 of 29 Form 05/12/2015 MLL City of Federal Way, E16 -105 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPAR Name Ray Gross Name Gary Stumph Title Emergency Manager Title Program Coordinator E -Mail ray.grossAcityoffederalway.com E -Mail parv.stumph(camil.wa.gov 253 - 512 -7483 Phone _ 253 - 835 -2712 Phone Name Brian Wilson Name Sierra Wardell Title Chief of Staff Title Program Manager E -Mail brian.wilsonacityoffederalway.com E -Mail sierra.wardell tmil.wa.pov Phone 253- 835 -2510 Phone 253 - 512 -7121 Name Name Dalton Gamboa Title Title Program Assistant E -Mail E -Mail dalton.gamboapmil.wa.. ov Phone 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 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. Hi. 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.qsa.qov, 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, E16 -105 DHS- FEMA- EMPG -FFY 15 Reimbursement requests must be submitted to Reimbursements(amil.wa.gov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and /or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and local, state, or federal auditors. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. 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. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. A written amendment will be required if the Subrecipient expects cumulative transfers between budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any adjustments to budget categories totals not in compliance with this paragraph will not be reimbursed. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non- federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non - federal resources occurred for reasons other than the receipt or expected receipt of federal funds. j• Page 4 of 29 City of Federal Way, E16 -105 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 1.10 -252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http:// mil .wa.qov /emergency- management- division /qrants /requiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report. 4. EQUIPMENT MANAGEMENT a. Subrecipients and any non - federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326, to include but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non - federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Equipment records shall include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Federal Award Identification Number (FAIN); Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by DHS- FEMA- EMPG -FFY 15 Page 5 of 29 City of Federal Way, E16 -105 DHS- FEMA- EMPG -FFY 15 the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment and supplies are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent Toss, 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 /qrants /homeland- security- grants, incorporated by reference and made part of this Agreement. Page 6 of 29 City of Federal Way, E16 -105 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 https: / /www.fema.gov/ office - environmental - planning- and - historic - preservation; FP 108 -023 -1 Environmental Planning and Historic Preservation Policy Guidance at http: / /www.fema.gov/ media - library /assets /documents /85376; and FP 108.24.4 Environmental Planning and Historical Preservation Policy at https://www.fema.gov/ media - library /assets /documents /101537, all of which are incorporated in and made a part of this Agreement. a. Subrecipients proposing projects that have the potential to impact the environment, including, but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS /FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS /FEMA EHP review before project initiation. DHS - FEMA - EMPG -FFY 15 Page 7 of 29 City of Federal Way, E16 -105 b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and /or historic properties. c. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed before funds are reimbursed. Expenditures for projects started before EHP process review completion approval is received will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.11. b. For all sole source contracts expected to exceed $150,000, The Subrecipient must submit to the Department for pre - procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non - federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non - federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass- through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department 2 CFR Part 200 Subpart F Audit Certification Form located at http: / /mil.wa.gov /emergencv- manaqement- division /qrants /requiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitoring activities may include, but are not limited to: i. review of financial and performance reports; ii. monitoring and documenting the completion of Agreement deliverables; iii. documentation of phone calls, meetings, e-mails and correspondence; iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget and federal requirements; v. observation and documentation of Agreement related activities, such as exercises, training, funded events and equipment demonstrations; vi. on -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non - federal entity to which the Subrecipient makes a subaward as a pass - through entity under this Agreement. Page 8 of 29 City of Federal Way, E16 -105 DHS- FEMA- EMPG -FFY 15 e. Compliancy will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755 - 21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https: / /www. dhs.gov /g uidance -pu bI fished- help - department- supported- organizations- provide - meaningful- access - people - limited and additional resources on http: / /www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD) -8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015 federal preparedness funding, to include EMPG, NIMS compliance requirements for 2015 must be met. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from the DHS /FEMA, which is provided to assist state, local and tribal governments enhance and sustain all - hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). DHS - FEMA - EMPG -FFY 15 Page 9 of 29 City of Federal Way, E16 -105 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. DHS - FEMA - EMPG -FFY 15 Page 10 of 29 City of Federal Way, E16 -105 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass - through entity making a subaward to a subrecipient under this Agreement. c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non - federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. f. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. DHS- FEMA- EMPG -FFY 15 Page 11 of 29 City of Federal Way, E16 -105 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.qov /emergency- manaqement- division /q rants /requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non - procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http: / /www.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (http: / /www.lni.wa.gov/ TradesLicensing/ PrevWage/ 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 List (http: / /www.des.wa.gov /services /Contracting Purchasing /Business /PagesNendor- Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub - contracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. DHS- FEMA- EMPG -FFY 15 Page 12 of 29 City of Federal Way, E16 -105 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 I I 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 DHS- FEMA- EMPG -FFY 15 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. Page 14 of 29 City of Federal Way, E16 -105 DHS- FEMA- EMPG -FFY 15 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. Page 15 of 29 City of Federal Way, E16 -105 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its sub - contractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS) /Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS - FEMA - EMPG -FFY 15 Page 16 of 29 City of Federal Way, E16 -105 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 A.20 OWNERSHIP OF PROJECT /CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and /or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records "). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the DHS - FEMA - EMPG -FFY 15 Page 18 of 29 City of Federal Way, E16 -105 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 WORKNVORK 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 (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has DHS- FEMA- EMPG -FFY 15 Page 19 of 29 City of Federal Way, E16 -105 the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub - contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub - contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. Once the single audit has been completed and it includes any audit findings, the Subrecipient must send a full copy of the audit to the Department and its corrective action plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to: Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430 -5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to the address listed above: The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program- specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and /or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. DHS- FEMA- EMPG -FFY 15 Page 20 of 29 City of Federal Way, E16 -105 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 -105 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 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. g• DHS- FEMA- EMPG -FFY 15 Page 22 of 29 City of Federal Way, E16 -105 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 taws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS- FEMA- EMPG -FFY 15 Page 23 of 29 City of Federal Way, E16 -105 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 t 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 Measure(s) that will be used to evaluate the program area Target (intended outcome) Measurement (how to tell if success has been achieved) The goal is to have the graduates trained in life saving skills and have better prepared households. They would also be used as volunteer emergency workers in disaster response by the City of Federal Way. Graduate at least 42 people from 3 CERT classes offered (minimum class of 14) W 1:: 17- CERT Class #1 Milestone: Order CERT supplies for class of 35 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email groups. CERT Class #2 Milestone: Order CERT supplies for class of 35 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email groups. CERT Class #3 Milestone: Order CERT supplies for class of 35 Conduct advertising in Parks and Rec catalog along with Milestone: fliers sent out via Safe City connection and email groups. w 1-= U W 0 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 2016 May 2016 to June 2016 Church Resource Development Engage with local churches to determine if they wish to help during emergencies /disasters, what resources 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 them engaged in preparedness activities so that response expectations are known and understood. The 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 Page 24 of 29 City of Federal Way, El 6-105 Performance Measure(s) that will be used to evaluate the program area Target (intended outcome) Measurement (how to tell if success has been achieved) At least four churches engaged in the local emergency management program. End goal is to have an established point of contact with each church and that the churches have agreed and decided how the City can call upon them during a disaster Four churches identified with a point of contact and how they wish to help. ACTIVITIES Church Outreach and engagement Milestone: Develop point of contact and area of interest to help. enhancement August 2015 to August 2016 Milestone: Hold initial meeting with Church leadership. August 2015 to August 2016 Hold follow up meeting to discuss training detail and Milestone: needs of Church based on what they wish to do for the August 2015 to August 2016 1 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 focus on the activities that the church wishes to provide Milestone: during response to an emergency. Could be shelter August 2015 to August 2016 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 u equipment is in as close to a constant state of readiness as possible along with having trained operator to w+ use the equipment. Having communication systems up and running is vital to any effective response and CB 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 Conduct regular successful use of communication systems equipment tested and used ensuring that it is working and having 1 making contact, equipment working properly and staff people trained in how to operate the systems. knowing how to use it. • j 1 CEMNET weekly radio test (State EOC) Milestone: Take part in at least 48 test out of 52 800Mhz weekly radio test (King County EOC) Milestone: Take part in at least 48 test out of 52 150Mhz quarterly test internal Milestone: EOC to EOC drill Milestone: Windshield survey drill Amateur Radio 5th Saturday drills, Field Day, SET 4 Milestone: Field Day Milestone: SET DHS -FEMA- EMPG -FFY 15 Page 25 of 29 sustainment August 2015 to August 2016 sustainment August 2015 to August 2016 sustainment August 2015 to August 2016 January 2016 to March 2016 June 2016 October 2015 enhancement to June 2016 to October 2015 City of Federal Way, E16 -106 w 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 current and accurate. 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) System is working properly and staff know how to use it - provides a rapid means to communicate emergency information Citywide. Residents will be better informed in a fairly quick and accurate way. Three planned uses of the system with an 80% connect rate. July 4 Safety message 1 Milestone: Conduct training Milestone: Message sent July 2015 July 2015 sustainment to July 2015 to July 2015 2 September Preparedness and system test Milestone: 80% connect rate. September 2015 to enhancement September 2015 New Year's Eve message Milestone: 80% connect rate. December 2015 to sustainment January 2016 w V w 0 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. e%cy lartagement Funs iac : Operational Planning Performance Measure(s) that will be used to evaluate the program area Measurement (how to tell if success has been achieved) Target (intended outcome) Identified responders and EOC staff will better know their roles in 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. Conduct at least 7 workshops ACTI Hold essential supply workshops to establish guidance on how essential supplies (food, water, medicine) may be delivered to residents in times of emergency or disaster. 1 Milestone: Conduct at least 2 workshops on essential supply October 2015 to delivery. Identify locations within Federal Way that could serve as distribution points and work out traffic flow. Hold evacuation planning workshops that focus on Saint Francis Hospital and the large assisted living communities within Federal Way. Milestone: October 2015 to 2 Milestone: Milestone: Conduct at least 2 workshops on evacuation scenarios. Develop a guidance paper to aid decision makers in conducting an evacuation. Hold sheltering planning workshops that will discuss establishment of shelters and long term operational concerns. January 2016 to January 2016 to enhancement August 2016 August 2016 enhancement August 2016 August 2016 enhancement DHS- FEMA- EMPG -FFY 15 Page 26 of 29 City of Federal Way, E16 -106 Milestone: Milestone: Conduct at least 1 workshop to discuss sheltering concerns and issues. Develop a guidance paper to aid decision makers in conducting shelter operations. March 2016 to August 2016 March 2016 to August 2016 Hold volunteer management training with CERT team members to discuss the process of using i spontaneous volunteers. enhancement I 4 Milestone: Conduct at least 2 workshops and 1 drill focus on April 2016 to August 2016 s. e spontaneous volunteers. . _ _...r Milestone: Develop a guidance paper to aid CERT members in April 2016 to April 2016 processing and using volunteers. DHS- FEMA- EMPG -FFY 15 Page 27 of 29 City of Federal Way, E16 -106 Exhibit D TIMELINE FFY 2015 Emergency Management Performance Grant Program DATE TASK June 1, 2015 Grant Agreement Start Date January 30, 2016 Submit reimbursement request April 30, 2016 Submit reimbursement request August 31, 2016 Grant Agreement End Date October 15, 2016 Submit final reimbursement request, additional reports, and /or deliverables. DHS- FEMA- EMPG -FFY 15 Page 28 of 29 City of Federal Way, E16 -106 Exhibit E BUDGET FFY 2015 Emergency Management Performance Grant Program 15EMPG AWARD SOLUTION AREA CATEGORY $ 47,208.00 EMPG AMOUNT MATCH AMOUNT Salaries & Benefits $ - $ - 0 Overtime /Backfill $ - $ - ? Consultants /Contractors $ - $ - zGoods & Services $ - $ - 5 Travel /Per Diem $ - $ - °- Indirect 0% $ - $ - Subtotal $ - $ - Salaries & Benefits $ 30,549 $ 116,740 z O Overtime /Backfill $ - $ - /Contractors cc $ - $ - Goods & Services $ 16,659 $ 20,841 zConsultants Q Travel /Per Diem $ - $ - IT Indirect 0% $ - $ - O Subtotal $ 47,208 $ 137,581 Salaries & Benefits $ - $ - Overtime /Backfill $ - $ - W in Consultants /Contractors $ - $ - ccc Goods & Services $ - $ - La X Travel /Per Diem $ - $ - La Indirect 0% $ - $ - Subtotal $ - $ - Salaries & Benefits $ - $ - Overtime / Backfill $ - $ - O Z Consultants /Contractors $ - $ - ? Goods & Services $ - $ - g Travel /Per Diem $ - $ - I— Indirect 0% $ - $ - Subtotal $ - $ - . Equipment $ - $ - R Indirect 0% $ - $ - it Subtotal $ - $ - Salaries & Benefits $ - $ - Overti me /Backfi I I $ - $ - Consultants /Contractors $ - $ - Q ea Goods & Services $ - $ - 2 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 Page 29 of 29 City of Federal Way, E16 -106 Attachment 1 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA 98430 Re: Grant No. EMW- 2015 -EP -00028 U.S. Department of Homeland Security Washington, D.C. 20472 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2015 Emergency Management Performance Grants has been approved in the amount of $7,219,265.00 . As a condition of this award, you are required to contribute a cost match in the amount of $7,219,265.00 of non - Federal funds, or 50 percent of the total approved project costs of $14,438,530.00 . Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) . Obligating Document (attached to this Award Letter) . FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go on -line to the ND Grants system at https: / /portal.fema.gov. After logging in, you will see a subtitle Grants Management. Under this subtitle, you will see a Zink 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 1F "Other." The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center, via fax or mail to the Vendor Maintenance Office (see address below). The 1199A form will not be accepted unless it is received directly from the financial institution. Please pay careful attention to the instructions on the form. FEMA Finance Center Attn: Vendor Maintenance P.O. Box 9001 Winchester, VA 22604 Secured Fax: (540) 504 -2625 Email: FEMA- Finance @FEMA.DHS.gov System for Award Management (SAM): Please ensure that your organization's name, address, DUNS number, EIN, and banking information are up to date in SAM and that the DUNi number used in SAM is the same one used to apply for all Attachment 1 FEMA awards. The System for Award Management is located at http: / /www.sam.gov. Future payments will be contingent on the information provided in the SAM; therefore it is imperative that the information is correct. If you have any questions or concerns regarding the process to request your funds, please call (866) 927 -5646. • JEFFREY JAMES, Acting Division Director, FEMA Region X 2 2014 -10 -01 00:00:00.0 Attachment 1 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT EMW- 2015 -EP- 00028 -S01 NUMBER: TABLE OF CONTENTS Article I 2015 EMPG HOLD on FUNDS Article II Acknowledgement of Federal Funding from DHS Article III Activities Conducted Abroad Article IV Age Discrimination Act of 1975 Article V Americans with Disabilities Act of 1990 Article VI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Rights Act of 1968 Article IX Copyright 3 Attachment 1 Article X Assurances, Administrative Requirements and Cost Principles Article XI Debarment and Suspension Article XII 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 XVIII 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 XXXI11 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 XXXVIII Acceptance of Post Award Changes 4 Attachment 1 Article I - 2015 EMPG HOLD on FUNDS This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015 EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m. Pacific Daylight Time on October 9, 2015 in ND Grants. Article II - Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article III - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IV - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §6101 et 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 I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101 - 12213). Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect PII are required to have a publically- available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively Article VII - Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article VIII - Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at-24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units —i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). Article IX - Copyright 5 Attachment 1 All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Article X - Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 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 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by DHS at 2 C.F.R. Part 3002. Article XI - Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article XII - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et sea.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Article XIII - Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non - Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. Article XIV - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. Article XV - Reporting Subawards and Executive Compensation a. Reporting of first -tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. 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 in which the obligation was made (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http: / /www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- -6- Attachment 1 i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://vvww.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: 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: Subawards, And ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; -7- Attachment 1 iv. A domestic or foreign for - profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB Circular A -133, "Audits of States, Local Govemments, and Non - Profit Organizations "). 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: 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)): 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. Earnings for services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above - market earnings on deferred compensation which is not tax - qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Article XVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801 -3812 which details the administrative remedies for false claims and statements made. Article XVII - Federal Debt Status All recipients are required to be non - delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and form SF -424B, item number 17 for additional information and guidance. Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. Article XIX - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. 8 Attachment 1 Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755 - 21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https: / /www.dhs.gov /guidance - published -help- department- supported- organizations - provide - meaningful- accesspeople- limited and additional resources on http: / /www.lep.gov. Article XXI - Lobbying Prohibitions All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of 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 governing 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 9 Attachment 1 in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be effected and the basis for settlement. Article XXVI - SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXVII - Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. Article XXVIII - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XXIX - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at 2 CFR § 175.15. Article XXX - Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XXXI - System of Award Management and Universal Identifier Requirements A. Requirement for System of Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. - 10 - Attachment 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 http: / /www.sam.gov). 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for - profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. Article XXXII - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 - 175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. Article XXXII! - Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XXXIV - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310 Article XXXV - DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree —and require any sub - recipients, contractors, successors, transferees, and assignees acknowledge and agree —to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. Attachment 1 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XXXVI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub - recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS /FEMA, you must request instructions from DHS /FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article XXXVII - Prior Approval for Modification of Approved Budget Before making any change to the DHS /FEMA approved budget for this award, you must request prior written approval from DHS /FEMA where required by 2 C.F.R. § 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS /FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10 %) of the total budget DHS/ FEMA last approved. You must report any deviations from your DHS /FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article XXXVIII - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927 -5646 or via e-mail to ASK -GMD a( dhs.gov if you have any questions. glipt la. AGREEMENT NO. 2. EMW- 2015 -EP- 00028 -S01 AMENDMENT NO. * ** 3. RECIPIENT NO. 916001095G NO. 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND ADDRESS Washington Military Department Building 20 Camp Murray, WA, 98430 ADDRESS Grant Operations 245 Murray Lane - Building 410, SW Washington DC, 20528 -7000 POC: 866 - 927 -5646 9. NAME OF RECIPIENT PHONE NO. PROJECT OFFICER (253) Sierra Wardell 512 -7121 11. EFFECTIVE DATE OF 12. THIS ACTION METHOD 10/01/2014 OF PAYMENT PARS 4. TYPE OF 5. CONTROL NO. ACTION FY2015R1OEMPG AWARD 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 Email: Askcsid @dhs.gov 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD Cost Reimbursement 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME ACRONYM Emergency Management Performance Grants CFDA NO. ACCOUNTING DATA PRIOR (ACCS CODE) TOTAL XXXX -XXX- AWARD XXXXXXXXXXX-XXXX- XXXX-X 97.042 2015-EM-D111-R107- 4101-D: FY2015 R 1 OEMPG $ 7,219,265.00 AMOUNT AWARDED THIS ACTION + OR ( -) $0.00 $7,219,265.00 From: 10/01/2014 Budget Period 10/01/2014 CURRENT TOTAL AWARD To: 09/30/2016 09/30/2016 CUMULATIVE NON- FEDERAL COMMITMENT $7,219,265.00 $7,219,265.00 TOTALS 50.00 $7,219,265.00 57,219,265.00 57,219,265.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON - DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Bret Daugherty, The Adjutant General DATE 09/22/2015 18. FEMA SIGNATORY OFFICIAL (Name and Title) KIMBERLY PENFOLD , Assistance Officer