HomeMy WebLinkAboutCOW 2011-09-12 Item 4B - Grant Acceptance - WA State Military Department & US Department of Homeland Security for Emergency Management for $82,207COUNCIL AGENDA SYNOPSIS
Initiab ITEM NO.
Meeting Date Prepared by Mayor' eviezv Council review
09/12/11 MG R
09/19/11 MG t.B.
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ITEM INFORMATION
11-091 STAFF SPONSOR: MARTY GRISHAM ORIGINAL,AGF•,NDA DATE: 09/12 /11
AG I:NDA ITI'A4 TITI,I?
C:A•I•I?GOR1' Discussion
Washington State Military Department and U.S. Dept. of Homeland Security Grant
Acceptance of the Emergency Management grant
Motion Resolution Ordinance BidAlvard Public Hearing Other
Mtg Date 09/12/11 1IItg Dat 9/ 19/ 1 111tg Date P7tg Date Mtg Date 11 Date Mtg Date
SPONSOR Council Ma��or HR DCD E] Finance Fire IT P&R Police PIY/
SPONSOR'S The City was awarded the U.S. Department of Homeland Security (DHS) Emergency
SUN4IVIARY Management Performance Grant (EMPG). The grant is for local jurisdictions with
emergency management programs to support and enhance the agency's Emergency
management program. The grant requires a 50 percent match which is satisfied by staff
salaries and the Emergency Management budget. There are no additional costs to the City.
The Council is being formally asked to accept the grant in the amount of $82,207.00.
RISVII,NCtI?,D lip' COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 09/07/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADTAIN. Emergency Management, Fire and Finance Department
CMIm"171"I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REOUIRI3D
$0
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Connnents: No additional City funding required
MTG. DATE
09/12/11
RECORD OF COUNCIL ACTION
MTG. DATE 1 ATTACHMENTS
09/12/11 Informational Memorandum dated 8/29/11
Washington State Military, Homeland Security Grant Agreement
Summary of proposed purchases with Grant Funding
Minutes from the September 7, 2011 Finance and Safety Committee meeting.
09/19/11
19
20
Cit,V of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Martin F. Grisham, Emergency Manager
DATE: August 29, 2011
SUBJECT: Emergency Management Grant Acceptance
ISSUE
City of Tukwila Emergency Management has been awarded an Emergency Management
Performance Grant, (EMPG) in the amount of $82,207. This grant comes from Washington
State Military Department and the U.S. Department of Homeland Security (DHS).
DISCUSSION
This is a new grant to Tukwila Emergency Management, but not a new grant to the
emergency management world. Several of our neighboring cities and jurisdictions have
benefited from this grant for years.
This is a 50/50 matching grant, and the City exceeds the required match by salaries and
the documented approved emergency management budget, so there are no additional
costs to the City.
This grant period runs from October 2010 to March 2012.
We will apply for this grant every year, as long as it is available. It is an annual grant that
is well funded and supported by DHS.
Grant funds can be used for a wide variety of emergency management needs that
includes equipment, planning, organization (including personnel), training and more.
RECOMMENDATION
The Council is being asked to formally accept this grant at the September 12, 2011 Committee
of the Whole meeting and subsequent September 19, 2011 Regular Meeting.
ATTACHMENTS
Homeland Security Grant Agreement
21
22
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub grantee Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number:
City of Tukwila
6200 Southcenter Blvd. $82,207 E12 -111
Tukwila, WA 98188
4. Sub grantee Contact, phone number: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Martin Grisham, (206) 571 -3427 October 1, 2010 June 30, 2012
7. Department Program Manager, phone no: 8. Data Universal Numbering System (DUNS): 9. UBI (state revenue):
Charma Anderson, (253) 512 -7064 010 020 -7504 179 000 -208
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Source 12. Department 13. Catalog of Federal Domestic Assistance 14. TIN:
Agreement Funding Code (PI): (CFDA) Title:
2011 -EP -00 -001 713PT 97.042 EMPG 91- 6001519
15. Service Districts: 16. Service Area by County(ies): 17. Women /Minority- Owned, State
(BY LEGISLATIVE DISTRICT): 11,33,37 King Certified X N/A NO
(BY CONGRESSIONAL DISTRICT): 7,9 YES, OMWBE
18. Agreement Classification 19. Contract Type (check all that apply):
Personal Services Client Services X Public /Local Gov't Contract X Grant X Agreement
Collaborative Research A/E Other Intergovernmental (RCW 39.34) Interagency
20. Sub Grantee Selection Process:
X "To all who apply qualify" Competitive Bidding
Sole Source A/E RCW N/A
Filed w /OFM? Advertised? YES ONO
Date Signature Date
Mayor
City of Tukwila
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FOR THE APPLICANT:
Signature
James M. Mullen, Director
Emergency Management Division
Washington State Military Department
APPROVED AS TO FORM:
Brian E. Buchholz, (Signature on file) 7/25/2011
Assistant Attorney General
Form 10/27/00 kdb
DHS -FEMA- EMPG -FFY 11
21. Sub- Grantee Type (check all that apply)
Private Organization /Individual For Profit
X Public Organization /Jurisdiction X Non Profit
VENDOR X SUBRECIPIENT OTHER
APPROVED AS TO FORM (if applicable):
Applicant's Legal Review Date
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Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Grant Agreement. Any substitution of key personnel by either party shall be made by written
notification to the current key personnel.
SUB GRANTEE
Name Nick Olivas
Title Interim Director Emergency Management
E -Mail nolivas @ci.tukwila.wa.us
Phone (206) 575 -4404
Name Marty Grisham
Title Acting Emergency Manager
E -Mail mgrisham @ci.tukwila.wa.us
Phone (206) 571 -3427
Name Peggy McCarthy
Title Finance Officer
E -Mail pmccarthy @ci.tukwila.wa.us
Phone (206) 433 -1839
ARTICLE II ADMINISTRATIVE AND /OR FINANCIAL REQUIREMENTS
The Sub grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non exclusive list of laws, regulations and guidance commonly applicable
to DHS /FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A -102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non
Profit Organizations (formerly OMB Circular A -110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A -87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A -21); 2 CFR Part 230, Cost Principles for
Non Profit Organizations (formerly OMB Circular A -122); OMB Circular A -133, Audits of
States, Local Governments and Non Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non Federal sources. The Sub grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
DHS FEMA EMPG -FFY 11
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MILITARY DEPARTMENT
Name
Charma Anderson
Title
EMPG Program Manager
E -Mail
c.anderson@emd.wa.gov
Phone
(253) 512 -7064
Name
Sierra Wardell
Title
EMPG Program Coordinator
E -Mail
s.wardell @,emd.wa.gov
Phone
(253) 512 -7121
Name
Deborah Henderson
Title
EMPG Program Assistant
E -Mail
d.hendersori@emd.wa.gov
Phone
(253) 512 -7470
24
existing program agreements. Non governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I Application and Review Information May 2011" and the "Fiscal Year 2011
GPD Preparedness Grant Programs Guidance and Application Kit, Section II Award
Administrative Information May 2011 which can be found at
http: /www.fema.gov /government /grant /empg/ and are hereby incorporated in and made
a part of this Agreement.
6. The Sub grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110 -252 (see 31 U.S.C. 6101 note) and
Attachment #1 attached to and made a part of this Agreement.
ARTICLE III REIMBURSEMENT /INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub- contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http: /www.gsa.gov without prior written
approval by Department key personnel. Receipts and /or backup documentation for any
approved budget line items including travel related expenses that are authorized under this
Grant Agreement must be maintained by the Sub grantee and be made available upon
request by the Department, and local, state, or federal auditors.
2. Receipts and /or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub grantee will submit reimbursement requests to the Department by submitting an
A -19 Invoice form and a completed reimbursement spreadsheet (in the format provided by
the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests shall be submitted to the Department's key personnel and must
be submitted no more frequently than monthly; and it is required that invoices be submitted
at least bi- annually.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment /supplies have
been received by the Sub grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
invoice and packing slip or a statement signed and dated by the Sub grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub grantee from being reimbursed until such complete reports
DHS- FEMA- EMPG -FFY 11 Page 3 of 25 City of Tukwila
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and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if Sub grantee is not
current with all reporting requirements contained in this Agreement.
ARTICLE IV REPORTING REQUIREMENTS
1. The Sub grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub grantee shall
submit to the Department's key personnel a final report describing all completed- activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan.
ARTICLE V EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub grantee or a contractor, will
be recorded and maintained in the Sub grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub grantee, or a recognized sub
recipient for which a contract, sub -Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub grantee, or a recognized sub grantee /sub- contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub grantee shall maintain equipment records that include: a description of the
property; the manufacturer's serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds 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.
4. Records for equipment shall be retained by the Sub grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub grantee to determine the cause of the difference. The Sub grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS- FEMA- EMPG -FFY 11 Page 4 of 25 City of Tukwila
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a. Items of equipment with a current per -unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per -unit fair market value of more than $5,000 may
be retained or sold and the Sub grantee shall compensate the Federal- sponsoring
agency for its share.
9. As recipient of federal funds the Sub grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub contractors,
consultants, and sub grantees who receive pass- through funding from this Grant
Agreement.
ARTICLE VI ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program. Information about these requirements is located on
pages 31 -32 of the "Fiscal Year 2011 EMPG Program Guidance and Application Kit,
Section I Application and Review Information May 2011" and on pages 11 -12 of the
"GPD Preparedness Grant Programs Guidance and Application Kit, Section II
Award Administrative Information May 2011" both of which are located at FEMA: FY
2011 Emergency Management Performance Grants (EMPG) Program or
http: /www.fema.gov /government /grant /empg
2. The Sub grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers, physical
security enhancements, new construction, renovation, or modification to buildings or
structures, cannot be initiated until FEMA has completed the required EHP review. If
potential impact is identified, EHP review is required prior to project implementation.
Projects implemented prior to receiving EHP approval from FEMA risk de- obligation of
funds.
ARTICLE VII PROCUREMENT
The Sub grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub grantee's sub contractors, at
which point the Sub grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE VIII SUB GRANTEE MONITORING
1. The Department will monitor the activities of the Sub grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass- through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A -133, Audits of States, Local Governments and Non Profit
Organizations.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitor and document the completion of Grant Agreement deliverables;
c. documentation of phone calls, meetings, a -mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
DHS- FEMA EMPG -FFY 11
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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.
3. As a sub recipient of federal funds, the Sub grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub contractors, consultants, and sub
recipients who receive pass- through funding from this Agreement.
ARTICLE IX GRANT AGREEMENT MODIFICATION REQUESTS
A Sub grantee may request a modification to the Grant Agreement in writing to the Department
key personnel. Modifications may be requested for Grant Agreement end date, budget or scope
change.
ARTICLE X NIMS COMPLIANCY
1. The Sub grantee agrees that in order to receive Federal Fiscal Year 2011 (FFY11) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2011 must be met.
2. In accordance with Homeland Security Presidential Directive (HSPD) -5, Management of
Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a
requirement to receive Federal preparedness assistance, through grants, contracts, and
other activities. The NIMS provides a consistent nationwide template to enable all levels of
government, Tribal nations, nongovernmental organizations including voluntary
organizations, and private sector partners to work together to prevent, protect against,
respond to, recover from, and mitigate the effects of incidents, regardless of cause, size,
location, or complexity.
3. All local government and Tribal nations sub grantees should update their respective NIMS
Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit
a Corrective Action Plan via NIMSCAST for FFY10. Corrective Action Plans are only
required if a jurisdiction fails to meet one of the NIMS implementation activities.
Comprehensive information concerning NIMS implementation for States, Tribal nations,
local governments, nongovernmental organizations, and the private sector is available
through the National Integration Center (NIC) at FEMA's NIMS Resource Center at
http: /www.fema.gov /nims.
4. Local governments and tribal nations should continue to implement NIMS training guidance
(course curricula and instructor qualifications) contained in the Five -Year NIMS Training
Plan, released in February 2008 and any successor guidance released by FEMA. [Note:
Coursework and training developed and /or delivered by National Wildfire Coordinating
Group (NWCG) meet the course and instructor requirements of the Five -Year NIMS
Training Plan]. NIMS training guidance is available on FEMA's NIMS Resource Center at
http: /www.fema.gov/ emergency /nims /NIMSTrainingCourses.
ARTICLE XI EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS) /Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all- hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93 -288, as amended, 42 U.S.C. 5121 5207).
2. A portion of the FFY11 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes that have emergency management programs to supplement
their local /tribal operating budgets. Each jurisdiction or tribe that applied and met the
qualifications specified in WAC 118 -09 regarding emergency management assistance
funds was awarded a sub -grant based on the size of their agency's emergency
DHS FEMA EMPG -FFY 11 Page 6 of 25 City of Tukwila
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management operating budget. Funds are used by local jurisdictions and tribes to enhance
their emergency management capability.
3. Funds are provided by DHS /FEMA solely for the use of supporting emergency
management programs as provided by EMPG Program. The Sub grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub grantee shall provide a match of $82,207 of non federal origin. Match (cost
share) may be cash or in -kind. To meet matching requirements, the Sub grantee
contributions must be 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 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track and document match.
5. The Sub grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY11
EMPG Program. Upon completion of the exercise, an After Action Report and an
Improvement Plan must be prepared and submitted to the Department.
DHS FEMA EMPG -FFY 11
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department" means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub- grantee" means the government or other eligible legal entity to which a sub
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub grantee
and any sub contractor retained by the Sub grantee as permitted under the terms of
this Grant Agreement. The term "Sub- grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub- grantee Agent" means the official representative and alternate designated or
appointed by the Sub grantee in writing and authorized to make decisions on behalf
of the Sub grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. "Investment Justification" means grant application investment justification
submitted by the sub grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" is defined and used herein to mean the Public Law.
h. "CFR" is defined and used herein to mean the Code of Federal Regulations.
i. "OMB" is defined and used herein to mean the Office of Management and Budget.
j. "WAC" is defined and used herein to mean the Washington Administrative Code.
k. "RCW" is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non federal entities as subrecipients that expend $500,000 or more in one fiscal year of
federal funds from all sources, direct and indirect, are required to have a single or a
program- specific audit conducted in accordance with the Office of Management and
Budget (OMB) Circular A- 133 Audits of States, Local Governments, and Non Profit
Organizations (amended June 27, 2003, effective for fiscal years ending after December
31, 2003, and further amended June 26, 2007). Non federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for
that year, except as noted in Circular No. A -133. As defined in Circular A -133, the term
"non- federal entity" means a State, local government, or non profit organization, and the
term "State" includes Indian tribes. Circular A -133 is available on the OMB Home Page
at http: /www.omb.gov.
SUB GRANTEE 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
DHS- FEMA EMPG -FFY 11 Page 8 of 25 City of Tukwila
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the Comptroller General and the OMB Compliance Supplement. The SUB- GRANTEE-
grantee has the responsibility of notifying its auditor and requesting an audit in
compliance with Circular A -133, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by Circular A-
133.
The SUB GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub contractors also maintain auditable
records.
The SUB GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB
GRANTEE's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
In addition to sending a copy of the audit the SUB GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB GRANTEE claims it is exempt from the audit requirements of Circular A -133,
SUB GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB GRANTEE
fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430 -5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB GRANTEE shall include the above audit requirements in any sub contracts.
Conducting a single or program- specific audit in compliance with Circular A -133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A -133, the SUB GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A -133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
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A.3 ADVANCE PAYMENTS PROHIBITED,
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS,
The SUB GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 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 SUB GRANTEE 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.6 ASSURANCES
DEPARTMENT and SUB GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION. OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB GRANTEE certifies that
the SUB GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB GRANTEE certifies that it will ensure that potential sub contractors or sub
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub awards to sub recipients for any amount. With respect to covered
transactions, the SUB GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub contractor or sub recipient or by checking
the Excluded Parties List System (EPLS) maintained by the federal General Services
Administration (GSA). The SUB GRANTEE also agrees not to enter into any
arrangements or contracts with any party on the Washington State Department of Labor
and Industries' "Debarred Contractor List."
A.8 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
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performed in connection with the project assisted under this Grant Agreement. The
SUB GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES,
The SUB GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and /or policies. This
obligation includes, but is not limited to: nondiscrimination laws and /or policies, Energy
Policy and Conservation Act (PL 94 -163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93 -288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203 -5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB- GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.10 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB- GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT.
However, the parties acknowledge that the DEPARTMENT, and state and local
agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public
Records Act.
A.11 DISPUTES
The DEPARTMENT and SUB GRANTEE shall make every effort to resolve disputes
arising out of or relating to this Grant Agreement through discussion and negotiation.
Should discussion and negotiation fail to resolve a dispute arising under this Agreement,
the parties shall select a dispute resolution team to resolve the dispute. The team shall
consist of a representative appointed by each party and a third representative mutually
agreed upon by both parties. The team shall attempt, by majority vote, to resolve the
dispute.
Both parties agree that this dispute resolution process shall precede any action in a
judicial or quasi judicial tribunal. Nothing in this section shall preclude the parties from
mutually agreeing to a different dispute resolution method in lieu of the procedure
outlined above.
A.12 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB GRANTEE, its sub contractors, assigns, agents, contractors,
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consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law the SUB- GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB
GRANTEE, or SUB- GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS) /Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non liabilitv. 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.13 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 and the Authorized Signature of the assigned SUB GRANTEE Agent or
Alternate for the SUB GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.14 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 SUB GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.15 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB GRANTEE.
A.16 NONDISCRIMINATION
The SUB GRANTEE shall comply with all applicable federal and state non discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
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denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.17 NOTICES
The SUB GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.18 OCCUPATIONAL SAFETY /HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHAMISHA)
The SUB GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB- GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB GRANTEE to so
comply.
A.19 OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB
GRANTEE. The SUB GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.20 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.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.22 PUBLICITY
The SUB GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB- GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
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A.23 RECAPTURE PROVISION
In the event the SUB GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and /or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.24 RECORDS
a. The SUB GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB- GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records
b. The SUB- GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB- GRANTEE's normal working day.
d. The SUB GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.25 RESPONSIBILITY FOR PROJECT /STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB GRANTEE in connection with the project.
The SUB GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and /or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and /or maintenance of a project.
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A.26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUB GRANTEE hereby certifies that to the best of
their knowledge and belief: (1) no federally appropriated funds have been paid or will be
paid by or on behalf of the SUB GRANTEE to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the SUB GRANTEE will complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions; (3) and that, as applicable, the SUB GRANTEE will require that the
language of this certification be included in the award documents for all subawards at all
tiers (including sub contracts, sub grants, and contracts under grants, loans, and
cooperative agreements) and that all sub recipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into, and is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB CONTRACTING
The SUB GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A -110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB GRANTEE.
All sub contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB GRANTEE, and /or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB- GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
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commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES. FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB- GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB- GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB GRANTEE shall be liable for all damages as
authorized by law including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
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The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB- GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB GRANTEE and the DEPARTMENT for (i) completed
work and services and /or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and /or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and /or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub contracts for materials, services, supplies,
equipment and /or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent
directed by the DEPARTMENT, all of the rights, title, and interest of the SUB
GRANTEE under the orders and sub contracts so terminated, in which case the
DEPARTMENT has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and sub contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub contracts, with the approval or ratification of the DEPARTMENT
to the extent the DEPARTMENT may require, which approval or ratification shall
be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and
to the extent directed by the DEPATMENT any property which, if the Grant
Agreement had been completed, would have been required to be furnished to the
DEPARTMENT;
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f. Complete performance of such part of the work as shall not have been
terminated by the DEPARTMENT in compliance with all contractual
requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require,
for the protection and preservation of the property related to this Grant
Agreement which is in the possession of the SUB GRANTEE and in which the
DEPARTMENT has or may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB GRANTEE is encouraged to utilize business firms that are certified as
minority -owned and /or women -owned in carrying out the purposes of this Grant
Agreement. The SUB GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326 -30 -041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS- FEMA- EMPG -FFY 11
Page 18 of 25
City of Tukwila
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.s
Exhibit C
2011 Emergency Management Program Workplan
v Agency: City of Tukwila
Q
Required Activities for EMPG eligibility
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
four elements of emergency management: prevention; protection; response; and recovery. 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 the ability to
communicate and warn, educate the public, train and exercise, plan and be NIMS compliant
Emergency
Management Laws and Authorities
Function
General Plan for 2011 Calendar Year: Review all of our Emergency Management plans in the city
including the CEMP for completeness and compliance in terms of federal, state and local ordinances
and laws.
Emergency
Management Hazard Identification
Function
2 General Plan for 2011 Calendar Year: Assessment and identification of risks, including potential
natural and human caused events, and the potential impact of those hazards. Emphasis will be placed
on assessing seismic condition of City facilities and identifying methods of mitigating or resolving
issues. Ability to continue City operations and essential functions under various emergency scenarios
will also be assessed and mitigating or preparedness actions will be identified and taken.
Emergency
Management Planning
Function
3 General Plan for 2011 Calendar Year: Review of Comprehensive Emergency Management Plan
(CEMP) including Continuity of Operation Plans (COOP) from all departments. Ensure coordination
among plans and documentation of sufficient planning and action to achieve emergency management
goals.
Emergency
Management Communications and Warning
Function
General Plan for 2011 Calendar Year: Procure communication equipment for the City's primary and
4 back -up Emergency Coordination Centers to ensure communications interoperability and redundancy.
Stakeholders, residents, businesses and neighboring jurisdictions, need accurate and current
information concerning any threatened or actual disaster or emergency. To achieve successful
communication, the City will investigate, evaluate, select and implement effective communication tools
such as special mailings, timely articles in City publications, the Hazelnut and the Tukwila Reporter,
and postings to Regional Public Information Network (RPIN) and use of other mediums and methods.
DHS- FEMA- EMPG -FFY 11 Page 19 of 25 City of Tukwila
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41
Emergency
Management Public Education and Information
Function
5 General Plan for 2011 Calendar Year: Efforts will be made on a pro- active basis to educate the
public as to the City's emergency plan so those affected by an emergency or disaster will know how to
find accurate and current information, where to go for help, and how to respond under various
conditions in a safe and helpful manner; to train Blockwatch and other groups in emergency planning
and response techniques including CPR and other life safety measures by CERT trainer and others.
Emergency
Management Mitigation
Function
g General Plan for 2011 Calendar Year: Evaluate existing flood mitigation measures such as levy
enhancement through placement of hesco fences and sand bags; enhance measures or remove
depending on perceived threat during the year and in the near future. Evaluate City facilities for seismic
weaknesses and other vulnerabilities; reinforce, retrofit or enhance structures to mitigate vulnerabilities.
Prioritize mitigation projects based on loss reduction.
Emergency
Management Operations and Procedures
7 Function
General Plan for 2011 Calendar Year: Create checklists and other easy to follow directives from
written CEMP and departmental COOPs to ensure efficient and accurate execution of plans during
disaster and other events.
Emergency
Management Training
Function
General Plan for 2011 Calendar Year: Create a documented training program to ensure
g management /response personnel and public officials receive training on the City's incident
management system. Ensure proficiency in use of all equipment especially communication and
response equipment. Identify personnel to comprise City's Incident Management Team (IMT) and train
them to the position to which they are assigned. Strive to bring our IMT members up to a high level of
training, one that will make them successful in their duties. As part of our training plan, participate in
the Integrated Emergency Management Course (IEMC) training for our region in 2011.
Emergency
Management Exercises
g Function
General Plan for 2011 Calendar Year: Create a documented exercise plan and program to ensure
personnel, procedures and processes are tested through realistic and complex simulated emergency
events.
Emergency
Management Logistics and Resource Management
Function
10 General Plan for 2011 Calendar Year: Review and test existing framework to ensure processes and
procedures supporting response and recovery operations are well thought out, logical and can be easily
understood and executed by personnel responsible for carrying them out. Procure equipment to ensure
safe and efficient handling and transport of resource materials and supplies during emergency planning
and response.
DHS- FEMA- EMPG -FFY 11
Page 20 of 25
City of Tukwila
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42
Emergency
Management Mutual Aid
11 Function
General Plan for 2011 Calendar Year: Ensure the City's mutual aid agreements are well understood
by those involved, including management and elected officials, and are sufficient to support City
response in event of a significant disaster or emergency.
Emergency
Management Finance and Administration
Function
12 General Plan for 2011 Calendar Year: Ensure Finance Continuity of Operations Plan is well thought
out, tested and communicated to those who will be using the financial services during an event.
Procure equipment necessary to sustain essential functions. Document and communicate plan for
capturing resource usage and costs in an event; distribute applicable forms and provide instruction on
completing the forms; maintain awareness and gain knowledge of any changes in protocol or other
financially impactive actions by the County and State Emergency Management Division and FEMA.
DHS- FEMA EMPG -FFY 11
Page 21 of 25
City of Tukwila
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43
Exhibit D
MILESTONE TIMELINE
FFY11 Emergency Management Performance Grant Program
MILESTONE
October 1, 2010
June 30, 2012
August 15, 2012
DHS- FEMA- EMPG -FFY 11
TASK
Start of Grant Agreement performance period.
End of grant performance period.
Submit all final reports, requests for reimbursement and /or
deliverables.
Page 22 of 25
City of Tukwila
E12 -111
ii
Budget Sheet
FFY11 Emergency Management Performance Grant Program
LOCAL EMERGENCY MANAGEMENT BUDGET SUMMARY
2011 Local
Category Funds Budget*
Salaries and Benefits
$170,701
In- Direct Costs
$25,872
Travel
$5,000
Training
$5,000
Supplies
$16,300
Telephones
$13,470
IT
$1,200
Janitorial Maintenance
$2,361
Vehicle Costs
$11,622
Insurance
$2,655
Other $200,000
Total All Program Costs $454,182
FFY11 EMPG Award $82,207
Exhibit E
The City of Tukwila award is $82,207. This is based on the FFY10 allocation factor of 18.1%
of approved local /tribal emergency management operating budgets. This award will not be
used to supplant the existing local /tribal funds identified above. The Department's
Reimbursement Spreadsheet will accompany each reimbursement request submitted. In
addition, the Contractor agrees to make all records available to Military Department staff, upon
request. A total of 5% of this award can be used to pay for management and
administration of this contract.
If the local /tribal emergency management operation budget should change, as the award
contract amount is based on the budget, an amendment may have to be issued
modifying the award contract amount.
No federal funds are included in the local emergency management operating budget.
Funding Source: U.S. Department of Homeland Security PI# 713PT EMPG
DHS- FEMA- EMPG -FFY 11
Page 23 of 25
City of Tukwila
E12 -111
45
ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS
for Compliance With the
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109 -282)
A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal
Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109 -282 as amended by section 6202(a)
of Public Law 110 -252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor
agrees to provide all applicable reporting information to the Washington Military Department
(WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants, loans,
and contracts. As required by FFATA and OMB Guidance, certain information on the first -tier
subawards related to Federal contracts and grants, and the executive compensation of awardees,
must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result in a
total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls
below $25,000, the subaward continues to be subject to the reporting requirements of the
Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD
or by the Federal Contractor Registry (CCR). CCR is a government wide
registration system for organizations that do business with the Federal
Government. CCR stores information about awardees including financial account
information for payment purposes and a link to D &B for maintaining current
DUNS information, www.ccr.gov. WMD encourages CCR registration and
annual renewal by your organization to minimize unnecessary data entry and re-
entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS)
number obtained from the firm Dun and Bradstreet (D &B) (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D &B is
responsible for maintaining unique identifiers and organizational linkages on
behalf of the Federal Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
DHS- FEMA- EMPG -FFY 11 Page 24 of 25 City of Tukwila
E12 -111
W
I Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non -cash
value earned by the executive during the past fiscal year and includes salary and bonus; awards
of stock, stock options and stock appreciation rights; and other compensation such as severance
and termination payments, and value of life insurance paid on behalf of the employee, and as
otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed under
section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below:
Officer 1 rName`„
Officer 1 Total Corripensation� 4
amount. v
Officer 2- zName„
Off cer' Total=Conipensatiori
ramountx
y
Officer 3FName
Officer ITotal "Compensation
t,
amount
Officer 4,
Officer 4 Total Compensation
amount,
Officer Naive
Officer 5.Tota1 Compensation
amount k r. ry
If your organization does not meet these criteria, specifically identify below each criteria that is
not met for your organization:
1 -12 -2011 Final
DHS- FEMA- EMPG -FFY 11 Page 25 of 25
City of Tukwila
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47
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (DBA)
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
or Solicitation if any: Identifier (UBI) Identification
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 1254.9. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
S. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a .participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and ,Voluntary Exclusion -Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by .submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title:
Washington Military Department Contract Number:
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment. Susoension, Inelialbility, and Voluntary Exclusion
These terms refer to the status of a person or o)mpany that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
had a contract or grant with a federal agency, and
gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Whv am I reouired to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the ourpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier oarticipant
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
PROJECT DESCRIPTION
1 AUTHORIZING AUTHORITY
SIGNATURE I PRINT OR TYPE NAME
CONTRACT NUMBER
TITLE/TERM OF OFFICE
2- AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE I PRINT OR TYPE NAME I TITLE
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE I PRINT OR TYPE NAME I TITLE
\kNAC-1\VOLI\HOMEkKARENB\...,kWP\SIGNAUTH Revised 5/00
50
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. it is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts /Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
51
Citv of Tukwila Jim Haggerton, Mayor
Emergency Management Division Nick Olivas, Fire Chief
September 8, 2011
In response to a request from the Finance and Safety Committee, I offer the following
description of expected purchases using the Emergency Management Performance Grant award
of $82,207.00.
As we just received confirmation that we actually will receive the grant, and what the amount is,
we have not identified specific items that we will be using the money for. In general, this is what
the money will be used for.
1. To bump the .5 CERT employee to a.75 employee
2. Enhancements to our EOC at fire station 51
a. Additional technology
b. Furniture
c. Logistics Center development
3. Enhancements of all City Department Operation Centers (DOC's).
a. Communications
b. Technology
c. Furniture
4. Enhance our city communications equipment
a. HAM radios in DOCs
b. 800 mHz radios in DOC's, etc
5. Training support for EOC personnel
a. Command Staff
b. General Staff
c. Unit Leaders
52
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
September 7, 2011— 5: 00 p.m.; Conference Room #3 ***Wednesday due to holiday
PRESENT
Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson
Staff: Shawn Hunstock, Mike Villa, Nick Olivas, Marty Grisham, Jack Pace, Jennifer Ferrer -Santa
Ines and Kimberly Matej
CALL TO ORDER: Chair Hougardy called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Grant Acceptance: Washington State Militarv/Homeland Securitv
Staff is seeking Council approval to accept funding from the Emergency Management Performance Grant
in the amount of $82,207 from the Washington State Military Department and the U.S. Department of
Homeland Security to support and enhance the City's emergency management program.
This grant requires a 50150 match (every $1 of grant funding needs to be matched by a $1 from the City).
This match can be met through current salaries, which means there is no additional unbudgeted cost to the
City. This is an ongoing grant that the City can apply for annually. Funds can be used for a number of
emergency management program needs. Specifically, if accepted, staff will use the funds primarily to pay
for an additional .25 FTE added to an existing .5 FTE emergency management position which will focus
on public education and community emergency response training; other plans for funding opportunities
include enhancements to the emergency operations center as well as department operations center.
Committee Members requested a summary of the items, positions and/or programs that Emergency
Management staff intends to enhance with the utilization of these grant funds. This information will be
included in the memo that goes to full Council. UNANIMOUS APPROVAL. FORWARD TO
SEPTEMBER 12 COW FOR DISCUSSION.
B. Business License and Revenue GeneratinLy Regulatory License Update
Last year Council passed two ordinances, one that created and implemented the Revenue Generating
Regulatory Licensing (RGRL) fee and another that adopted a new business license fee structure. After
one cycle of implementing and collecting these fees, Finance staff has evaluated the effectiveness of the
license and fee process and is recommending the Committee consider one of two changes to the
ordinances, as outline below, to take forward to Council for discussion. These options will allow the fees
to be restructured for ease of application, uniformity and proportionality.
Option 1: Implement a combined business license and RGRL fee of $67 per full -time equivalent
(FTE)
Option 2: Continue calculating the RGRL based on the number of full -time equivalent
employees and calculate the business license fee in the same way, based on the number of full
time equivalent employees
Staff reminded the Committee, that they always have the opportunity to make no changes. The options
listed above will more equitably share the assessment of fees across all size businesses. Option 1 is
revenue neutral.
53
54