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11/21/2017 06H Emergency Management Program Grant Agreement with Washington State Military Dept and Homeland Security
BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.H. For Meeting of: November 21, 2017 ITEM TITLE: Resolution authorizing the Fire Chief to enter into a grant agreement with Washington State Military Department and the U.S. Department of Homeland Security to provide funds to enhance the City of Yakima Emergency Management Program SUBMITTED BY: Bob Stewart, Fire Chief SUMMARY EXPLANATION: The purpose of the Emergency Management Performance Grant (EMPG) is to assist with the enhancement, sustainment and improvement of state, local and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection; response; recovery; and mitigation. There are also required capabilities that must be conducted in order to remain eligible for EMPG funding including, but not limited to, the ability to communicate and warn, educate the public, train and exercise, plan and be National Incident Management System (NI MS) compliant. Specifically, we intend to use this $37,081 EMPG award for: • Funding the City's portion of the Mass Notification System for the remainder of 2017 • Funding the acquisition of portable and base radios for the City's Emergency Operations Center (EOC) and the Public Works Emergency Communications Center *The State Military Department has already reviewed and approved these funding requests as appropriate and allowable uses of the EMPG grant. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: City Manager Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description 0 Resolution for EMPG E18-117 O EMPG Agreement E18-117 Upload Date 11/7/2017 11/7/2017 Type Resolution Contract 2 3 A RESOLUTION RESOLUTION NO. R -2017 - authorizing the Fire Chief, who serves as the City's Emergency Manager, to enter into a grant agreement with Washington State Military Department and the U.S. Department of Homeland Security to provide funds to enhance the City of Yakima Emergency Management Program WHEREAS, in January 2015, the City of Yakima's Comprehensive Emergency Management Plan was approved by the Washington State Emergency Management Division; and, WHEREAS, the Washington State Military Department and the U.S. Department of Homeland Security awards funds to local jurisdictions with Emergency Management Programs to assist in preparing for all hazards through sustainment and enhancement of those programs; and, WHEREAS, in August 2017, application was made to, and approved by the Washington State Military Department and the U.S. Department of Homeland Security for Emergency Management Preparedness Grant (EMPG); therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: That the City Council of the City of Yakima authorizes the Fire Chief to enter into the attached and incorporated Grant Agreement Number E18-117 with Washington State Military Department and U.S. Department of Homeland Security. ADOPTED BY THE CITY COUNCIL this 21s1 day of November, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: City ofYakima 401 No�hFront Street Yakima, WA 98901-2321 2. Grant Agreement Amount: '-�' 081 3. Grant Agreement Number: E18'117 4. Subrecipient Contact, phone/email: Bob Stewart, (509) 575-6060 bob.stewu�0�yuWmmwu.gcm 5. Grant Agreement Start Date: June 1 2017 6. Grant Agreement End Date: December 2017 31, 7. Department Contact, phone/email: Michael Alston (253) 512-7083 miuhae|.a|eton@mi|�a.gov 8. Data Universal Numbering System (DUNS): 078212651 R. UBI # (state revenue): 391'005'272 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS) 11. Federal Funding ldentification #: EMG-2017'EP'00004-S01 12. Federal Award Date: 08040017 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: 97.042(17EMPG) 14. Total Federal Amount #: $7,306,624 15. Program Index #& OBJ/SUB-OBJ: 773PT NZ 16. TIN: N/A 17. Service Districts: (BY LEGISLATIVE DISTRICT): 13 (BY CONGRESSIONAL DISTRICT): 4 18. Service Area by County(ies): Yakima 19. Women/Minority-Owned, State Certified?: X N/A [] NO 0 YES, OMWBE # 20. Agreement Classification m� Personal Services 0 Client Services X Public/Local Gov't N� Research/Development 0 A/E Other 21. Contract Type check all that apply): 0 Contract X Grant X Agreement 0 Intergovernmental (RCVV39.34) 0 Interagency 22. Subrecipient Selection Process: X To all who apply & qualify" 0 Competitive Bidding 0 Sole Source 0 A/EHCVV 0 N/A Fi|odv/OFM? 0 Advertised? 0 YES []ND 23. Subrecipient Type (check all that apply) PrivateDnganizatinn/|ndividua| 0 For -Profit X Public Organization/Jurisdiction 0 Non -Profit MI CONTRACTOR X SUBRECIPIENT 0 OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2017 Emergency Management Performance Grant (17EMPG) is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work PIan. The Department is the Recipient and Pass-through Entity of the 17EMPG Award EMS -2017 -EP -00004-S01, which is incorporated in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B), Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documentsexhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an nconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan AHosxo, Chief Financial Officer Bob Gtowert, Chief Washington State Military Department Yakima Fire Department BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): (Signature on file 9/12/2017) Brian E. Buchholz, Sr. Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY 17 Page 1 of 34 Form 05/12/2015 City of Yakima, E18-117 5 Exhibit SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under thiAny substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT Name Bob Stewart Name Michael Alston Title Chief, Yakima Fire Department Title Program Coordinator E -Mail bob.stewwart@yahirna«va.gon lE-Mail Phone 5O9 -575-606O Phone 253-512-7083 Name Charles EnNin Name Tirzah Kincheloe Title Emergency Management Specialist Title Program. Manager char|es.emwin@yakimmawa.gov E -Mail . tirzah.kincheloe@mil.wa.gov Phone 5O9-576-6732 Phone 253-512-7456 Name Name Dalton Gamboa Title Title Program Assistant E -Mail E -Mail dalton.garttboa@mil.w Phone Phone 253-512-7044 ARTICLE U. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal |avva, ru|ea, regu|ahona, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 17EMPG Prngnann, inc|uding, but not limited to, all criterio, restricdnns, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NC)FC)) Fiscal Year (FY) 2017 Emergency Management Performance Grant (EMPG)'' document, the [)HS Award Letter for Grant No. EyNS-2017-EP-00004-S01. and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding. the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 17EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient: The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 17EMPG funda, inc|uding, but not limited to, those contained in 2 CFR 200. DHS-FEMA-EMPG-FY 17 ii The Subrecipient shall require its subrecipient to comply with all applicable state and federal |avva, nu|eo, regu|adono, requinennenby, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 17EMPG Pnognann, including, but not Page 2 of 34 City of Yakima, E18-117 limited to, all chtera, reotriodona, and requirements of the ^Oeps1rtmert of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMG -2017 -EP -00004-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. The Subrecipient shall be responsible to the Department for ensuring that all 17EMPG federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and nagu|adono, and the terms and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET & REIMBURSEMENT a. Within the total Grant Agreement Amount, trave|, aub-oontnaota, aa|ariea, benefita, prindng, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount, c. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix V|| to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 300.414(f). if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous aubavvande, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal po|icies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forthethttp:yvrwvv.gso.gov.and follow the most restrictive. If travel costs exceed set state or federal |imito, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Ffeimburnementsmi|.vvaOov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel 10 waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any apitems that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g� DHS-FEMA-EMPG-FY 17 Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department Page of 34 City ofYakima, E18-117 review and conoiderahon, and can be granted or denied within theDepartment's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the 8ubrecipient, its controctor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. on'fedena|entitytovvhiohtheSubreoipientmakeaaoubavvardandiainvoicedbythevendor. Failure to timely submit complete reports and reimbursement requests as required by this Agreement /ino|uding, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categorieo, as identified in the Budget (Exhibit E), to exceed 10Y6 of the Grant Agreement Amount. Any changes to budget category totais not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funda, and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. � REPORTING a. With each reimbursement request, the Subrecipient shall report how the expgnditures, for which reimbursement is snught, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. In cojunctionvviththefina|report.theGubnaoipientaha||aubnnitaaepanatereportdebai|ing how the EMPG Training and Exercise requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient 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 complete and return to the Department the FFATA Form located at http://mi|maQnv/ememency' Dl8O8g8Dl8Ot-diviSiOO/gcaOtS/[8qui[8dg[8OtfV[DlS' which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of aupp|ieo, to ino|ude, but not limited to: Upon successful completion of the terms of this Agregmgnt, all equipment and supplies purchased through this Agreement will be owned by the Subreoipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. DHS-FEMA-EMPG-FY 17 Page 4of34 City ofYakima, E18-117 ii All equipment, and supplies as apo|ioab|e, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) O. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage offederal participation in the cost H. |Voation, use and condition of the equipment at the date the information was reported disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as app|icab|e, and reconcile the results with the property records at Ieast once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the exiabanoe, current ud|izadon, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent |uae, damagg, and theft of the property. Any |ues, damagg, or theft shall be investigated and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and Iicenses for the equipment. viii. If the Subrecipient is authorized or required to sell the pnoperty, proper sales procedures must be established and followed to ensure the highest possible return. DHS-FEMA-EMPG-FY 17 A. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: B. For Supplies: If there is a residual inventory of unused supplies exceeding $5.000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal avvand, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. Page 5of34 City ofYakima, E18-117 For Equipment: 9 1) Items with a current per-unit fair -market value of $5.000 or less may be rebained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair -market value in excess of $5.000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2) ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the diapusidun, replacement, or transfer. If any |idgadun, o|aim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all |itigation, c|ainns, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://vvvmx.fema.gov/muthnrized aquipnnent-|iot. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant pnognsnn, and includes items that may not be categorized as equipment according to the federal, state, Iocal, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at h#pS://wvvvv.f8OOa.qVv/OffiC8 8OvinJn0eOta| p|anOiOgaOd hiStOhC'p[eS8[vahVn. all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, inc|uding, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing bui|dings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously diaturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed prject description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed pject has the potential to impact environmental resources and/or historic properties. DHS-FEMA-EMPG-FY 17 Page 5of34 City ofYakima, E18-117 d. The Subrecient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 300.336 and as specified in the General Terms and Conditions, Exhibit B. A.S. b. For all sole source contracts expected to exceed $150.000. the Subrecipient must submit to the Department for pre -procurement review and approval the procurement doouments, such as requests for propoaa|a, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity 10 which the Subrecipient makes a subavvard, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subavvand. 7. SUBRECIPIENT MONITORING a. The Department Department will monitor the activities of the Subrecipientfrom award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving fedens|paoa'Ulroughfundoereinconnp|iancevviththiaAgreennentfedera|andatabaaudit nequ|nsnnents, federal grant guidanoe, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mi|maqnv/emenlency'menaciement' division/qrenta/requiredgrentformo with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. c. Monitoring activities may inu|ude, but are not limited to: review of financial and performance reports ii monitoring and documenting the completion ofAgreement deliverabies documentation of phone calls, meednga, e-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements v. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventurigs, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring eodvitiea, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national nrigin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) 10 their programs and services. DHS-FEMA-EMPG-FY 17 Page 7 of 34 City ofYakima, E18-117 Providing meaningful access for persons with LEP may entail providing11|anguage assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000). requires federal agencies to issue guidance to reoipienta, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persnns, 76 Fed. Reg. 21755-21768, (April 18, 2011\. The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at httpS://vm/vv.dhS.gOv/quidGOC8'pub|iSh8dh8|p' department-supported'ordanizations'prnvidemeanindfu|aocess'peop|e'|imited and additional resources on h#p://vvvvvv.|8p.cOv. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a oonaiatert, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated pnsparedness, p|anning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the p|anning, organizational acdvidea, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive Federal Fiscal Year 2017 federal preparedness Yunding. to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https:8vvvvv femagov/media'|ibrary/assets/dnouments/130743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, |000|, and tribal governments to enhance and sustain aII-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762\. 2. A portion of the 17EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their Iocal/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work PIan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs 5. The Subrecipient shall provide a fifty percent match of $37'081 of non-federal origin. To meet matching requirements, the Subrecipient cash matching contributions must be considered naaaonab|e, a||ovvab|e, o||ouab|e, and necessary under the grant program and must comply with all Federal requirements and regu|ahona, ino|uding, but not limited to, 2 CFR Part 200. An DHS-FEMA-EMPG-FY 17 Page of 34 City ofYakima, E18-117 appropriate mechanism must be in place to capture, track, and document matching funizIs. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. participate in no less than three exercises in a 12 -month period. The Subrecipient will report exercise participation along with the final report; b. complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at httpa://mx«xm.hamagnv/pUf/emergency/nima/nims training prngrem.pdf (to include ICS 100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and o. complete either (1) the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240. IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipientuf 17EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No. EMS -2017 -EP -00004-S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS-FEMA-EMPG-FY 17 Page Rof34 City ofYakima, E18-117 1oExhibbB Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by refenence\, except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, aection, offioe, unit or other entity of the Department, or any of the officers or other officials Iawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a subrecipient under this Agreement. c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. Hoxvever, the definition of''subreoipien[ is the same as in 2 CFR 300.93 for all other purposes. d. "Monitoring Activities" means all adminietradve, financia|, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment" means the grant application submitted by the Subrecipient describing the pjeot/o\ for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may requeat, in vvridng, an amendment or modification of this Agreement. Hovvever, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreemento, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-330, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of ennp|nynnent, public acconnnnndodons, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local |avve, rules and regulations. A.6 CERTIFICATION REGARDING DE0ARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, auapended, proposed for debarment, declared ine|igib|e, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall oomp|ete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://nni|ma.qov/ernergenoy'nnanaqennent' diviSioO/q[aOtS/[8qui[8dq[aOtfO[0S. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-EMPG-FY 17 Page 10 of 34 City of Yakima, E18-117 Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http:// w.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.lni.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http:// w.des.wa.qov/services/Contracting Purchasinq/Business/PagesNendor-Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY 17 Page 11 of 34 City of Yakima, E18-117 State Building Code (RCW 19.27\. Energy Related Building Standards (RCW 19.27A\. Procviaiona in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable |avv, regu|adon, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may naooind, cmnce|, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or Iiability arising from its failure, and that of its contractors and aubreoipienta, to comply with applicable |avvs, regulations, executive orders, OMB Circulars or policies. A.1O CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub -contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200326 Contract Provisions, As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the foliowing pnovisinns, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address adminiatradve, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 00-1.3 must include the equal opportunity clause provided under 41 CFR 00-1.4/b\. in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Dpportunity." and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programo, Equal Employment Opportunity, Department of Labor" 4) Davis -Bacon Act, as amended (40 U.G.C. 3141-3148). When required by Federal program |egia|adon, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable 10 Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addidon, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision 10 award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.G.C. 3145\, as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from induoing, by any nneans, any person employed in the oonstructinn, oomp|edon, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.(}. 3701-3708\. Where app|ioab|e, all contracts awarded by the non-federal entity in excess of $100.000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 37O3mnd37O4.mssupp|ementedbyOepartmentnYLmbnrregu|mtions(2SCFRPart5).Under DHS-FEMA-EMPG-FY 17 Page 12 of 34 City of Yakima, E18-117 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wag C of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unaanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimenta|, deve|upmenta|, or research work under that "funding agreement," the recipient or subrecipient must comply with thenaquiremenbsof37CFRPart4O1.''Rightato|nvenhonaMadebyNonprofitC}rganizadona and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150.000 must contain a provision that requires the non-federal award to agree to comply with all applicable standmrds, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100.000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any mgenoy, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal uontnsct, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 0002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practioab|e, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10.000 or the value of the quantity acquired during the preceding fiscal year exceeded $10.000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. DHS-FEMA-EMPG-FY 17 Page 13 of 34 City of Yakima, E18-117 13) Access by the Department, the Subrecipient, the federal awarding agency, the Ctomptroller General of the United StaUao, or any of their duly authorized representatives to any booko, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Rub, L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.328. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negodadon, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the pmrties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel sha||, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and uosts, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS 11 5 understood and agreed that this Agreement is solely for the benefit of the parties 10 the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of VVaohington, and the United States Government and their authorized agents and emp|oyees, from all daims, oodnns, oosts, damages or expenses of any nature whatsoever by reason of the acts or omissions of the @ubrguipient, its sub-cuntractuna, aubrecipiente, aaoigno, mgenta, contractors, consultants, |ioenaeea, inviteeo, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such c|oinns, onsts, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipients agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency /FEMA\, is an agency of the Federal government, the following shall apply: DHS-FEMA-EMPG-FY 17 Page 14 of 34 City of Yakima, E18-117 44 CFR 200.9 Non -liability. The Federal government shall not be Iiable for any claim baoe.;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. LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, imp|ied, or apparent authority to m|ter, amend, mndifv, or waive any clause or condition of this Agreement. Any a|tenadon, amendment, modifivadon, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requeeU;, time extension nequgate, amendment and modification requests, requests for changes to projects or work p|ons, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from atate, hadena|, or other sources is vvithdnavvn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.10 NONASSIGNABILITY Neither this Agnaement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination |avva, regu|adona, and policies. No person aha||, on the grounds of age, race, oreed, oo|or, sex, sexual orientedon, re|igion, national nrigin, marital status, honorably discharged veteran or military status, or disability (physioa|, menbs|, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, prognsnn, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT ([}SHANV|SHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by Iaw, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all |iobi|ity, damages and costs of any natupe, inc|uding, but not limited to, costs of suits and attorneys' fees assessed against the [)eportnngnt, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT!CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the prject and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the prjeot. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FY 17 Page 15 of 34 City of Yakima, E18-117 19 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, hovvever. that reasonable fees or bona fide technical consultant, monageria|, or other such semioes. other than actual so|ioibadVn, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgnnent, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexo|uaive, and irrevocable license to naproduoe, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA nunnber, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable hadena|, state, and local |avva, nagu|ahona, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all boVks, reonnds, dVouments, reoeipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's oontraoto, aubavvarda, grant adrniniatradon, and pmynnenta, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its deeignee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its deaigneea, or by other state or federal officials authorized by |avv, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpoae, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) yeara, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKIWORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement ofvvork/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subngcipient, or to any third party, other than as is expressly set out in this Agreement. DHS-FEMA-EMPG-FY 17 Page 16 of 34 City of Yakima, E18-117 The responsibility for the design, development, construction, implementation, operation and m -) tenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable hadera|, state, and local permits and clearances are obtained, inc|uding, 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, regu|adons, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at Iaw or in equity, which may be brought against the Subrecipient in connection with the pjeot. The Subrecipient shall not look to the Oepartment, or to any state or federal agenuy, or to any of their employees or aggnts, for any performanoe, aaaiotanoe, or any payment or indemnity, inc|uding, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable, A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-fedens|entideo.aoaubreoipientaofaNadens|award.thatexpend$750'0O0ormonainonefiaoa|yeer of federal funds from all souroes, direct and indineot, are required to have a single oro program -specific audit conducted in accordance with 2 CFR Part 2OOSubpart F. Non-federal entities that spend Iess than $750'000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditVr, or a public accountant performing work using GAGAG, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub- contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit, After the single audit has been onnnp|eted, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F. the Subrecipient must send a completed ''2 CFR Part 200 Subpart F Audit Certification Form" /httpS://m/mvv.[Oi|madOv/eDle[g8OCy'[OSOSde08Ot'diviSioO/q[aOtS/[8qui[edq[aOtfV[0S\ to the Department at the address listed above identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s). DHS-FEMA-EMPG-FY 17 Page 17 of 34 City of Yakima, E18-117 The Department retains the sole discretion to determine whether a valid claim for an exenlohaN from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F. the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any o|aim, 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 Agrgement, inc|uding, but not limited to, Workmen's Compensation oovenage, unemployment insurance benefita, social security benefita, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state dgpartment, state aggncy, state univeraity, state oo||ege, state community oo||ege, state bnand. or state onmmissinn, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxee, unemployment contributions, fees, |iugneee, aasessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written nudce, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by Iaw. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Oepmrtment, in its sole discredon, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreennent, is in an unsound financial condition so as to endanger performance henaunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the ouvenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department aliows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, DHS-FEMA-EMPG-FY 17 Page 18 of 34 City of Yakima, E18-117 or if such corrective action is deemed by the Department to be insufficient, the Agreem may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breaoh, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, ino|uding, but not Iimited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation proueee, nnai|ing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by Iaw. If it is determined that the Subrecipient: (1) was not in default or material breaoh, or (2) failure to perform was outside of the Subrecipient's contro|, 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 be|ovv, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately atshad, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential Ioss or Iiability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by Iaw, After receipt of a notice of tenninmdon, and except as otherwise directed by the Department in vvridng, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent opeoified, in the notice; b. Place no further orders or contracts for materials, servioes, supp|ies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Depertment, in the manner, at the times, and to the extent directed by the Department, all of the righta, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its diecrgdon, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and oontnaoto, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been oomp|ebad, would have been required to be furnished to the Department; DHS-FEMA-EMPG-FY 17 Page 19 of 34 City of Yakima, E18-117 g� Complete performance of such part of the work as shall not have been terminad by the Department in compliance with all contractual requirements; and Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest, A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified inWAC 326-3O'O41. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston Countv, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY 17 Page 20 of 34 City ofYakima, E18-117 24Exhibit C WORK PLAN FY 2017 Emergency Management Performance Grant 2 2 Emergency Management Organization City of Yakima The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 17EMPG grant and local funds). Program Area #1 Planning WORK PLANNED Complete the Flood Classification and Actions Response Continuum. Continue to meet with local, county, and state officials to provide input to the Cowiche West Valley Joint Flood Preparedness Plan. Program Area #2 EOC Upgrades WORK PLANNED Purchase portable radios and base stations Program Area #3 Public Outreach WORK PLANNED Attend community meetings and public gatherings. Distribute emergency information packets. Sustain Everbridge mass notification syste Revisit areas impacted by the flood and provide information packets to flood victims DHS-FEMA-EMPG-FY 17 WHY THE WORK 15 BEING DONE To establish and maintain a unified and coordinated operation response structure and process. To discuss role of EM for communicating emergency flood information to potential flood victims. WHY THE WORK 15 BEING DONE To complete priority upgrades that were funded under 16EMPG. Communications interoperability is not yet complete for Fire, Public Works, and for communications from field responders to the Command Post and the EOC. EOC will continue to be functional for response. WHY THE WORK 15 BEING DONE To continue the City's on-going public outreach to the Whole Community, To continue the capability to alert citizens. After the last flood, the city realized that some areas had not received flood information. As a result, the city will be reaching out to these areas before flood season. RESULT OF THE WORK A written early warning system to notify citizens of floods and inform them about flood levels and warnings. A written mitigation plan before December 2017 flood season. RESULT OF THE WORK Interoperable communications will be enhanced between responders, the Command Post, and the EOC, allowing for a coordinated network to support incidents, RESULT OF THE WORK Activities will enhance the City's whole community commitment to preparedness. Citizens and visitors will be more aware of, and prepared for, local disasters, thus creating a more resilient community. The city will be able to provide timely, accurate, and actionable information for its residents utilizing Everbridge. All areas that are prone to flooding receive flood information and are able to better prepare for, respond to, and recover from incidents of flooding. Page 21 of 34 City of Yakima, E18-117 25Exhibit D TIMELINE FY 2017 Emergency Management Performance Grant DATE TASK June 1, 2017 Grant Agreement Start Date December 31, 2017 Grant Agreement End Date December 31, 2017 Submit final reimbursement request, final report, Training and Exercise Requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 17 Page 22 of 34 City of Yakima, E18-117 26 Exhibit E BUDGET FY 2017 Emergency Management Performance Grant 17EMPG AWARD SOLUTION AREA CATEGORY Salaries & Benefits Overtime/Backfill — Consultants/Contractors� Z Goods & Services 5 � Tmve�Per0em _ 37,081.00 Subtotal $ $ ORGANIZATION Salaries & Benefits Overtime/Backfill Consultants/Contractors Goods & Services 7 081 Travel/Per Diem Salaries & Benefits w Overtime/Backfill Consultants/Contractors � Goods & Services Subtotal $ 7,081 53,042 u^X Travel/Per Diem Subtotal $ Salaries & Benefits LI Overtime/Backfill $ $ � � Consultants/Contractors ~ ~~ Goods & Services c �~ Travel/Per Diem . Subtotal $ — Equipment � Subtotal $ 30,000 Salaries & Benefits Overtime/Backfill Consultants/Contractors — 2 Goods & Services Travel/Per Diem Subtotal $ Indirect Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 37,08 53,042 • The Subrecipient will provide a match of $37,081 of non-federal origin, 50% of the total project cost (Iocal) budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - Pl# 773PT — EMPG DHS-FEMA-EMPG-FY 17 Page 23 of 34 City ofYakima, E18-117 IVO: t Daugherty shington Military Depar.rnent Building 23 tp Murray, 'v A88430-5122 Fie: Grant EYEMS-2817-E15- 004 17EMPG Award Document EMS -2017 -EP -00004-S01 U 27 Attachment 1 ttt ent' f Homeland Securitv ashington, D.C. 21472 Congratulations, oil behalf ofthe Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY12017 Emergency Management Performance Grants has been approved in the amount of $7,306,624.00, As a condition of this award, you are required to contribute a cost match in the amount of $7306,624.00 of noxi-FederaI funds or E0 percent of the total approved protect costs of $14,613,248.00. Before you request and receive any of the Federal funds awarded to you, you must establish,acceptance of the award. By, accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Agreement Aftides attached to this Award Letti Obligating Document attached to this Award Lettei FY 2017 Emergency tvtanagernent Performance Grants Funding Opportunity. Please mane sure you read, understand, and maintain a copy of these documents in your official In order to establish acceptance of the award and its terms p he ND Grants syste;i these instructions this ward.. Step 2: After Ioggirig in, you will see the Home page,with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review' asks. This link will riav gate you to Award Packages that are pending rayl Stop 3: Svc your or in SAM in the wVOW,s ick the Review Award Package icon wrench) to review the Award Package; frit the Award Package for your records, r Award Management (SAM): Grant re le are to keep ill of their informet ization's name, address, DUNS number, MN and banking information, Pleas the sorra one used to apply for all FEMA wards. Future payments will be co ative that the information is correct. The System for Aw and aoc If you hay know pre. th eref' v. any qua DHS-FEMA-EMPG-FY 17 on ibi irh e updated your information in S he r�eces= u.: yup Page 24 of 34 d. ine the award: P up to date in SAM, in particular, ensure that the DUNS number used tingertt on the information provided rd Management is located at http:// your Grants Management Specialist r,d avoid any interruptions in the payi GMS; City of Yakima, E18-117 �Hr CSN LYNN DHS-FEMA-EMPG-FY 17 PEP P 28 Page 25 of 34 City of Yakima, E18-117 11,1#x. Sat Oct 01 00 00 0i T2016 Em GRANTEE: PROGRAM: AGREEMENT NUUMBER: A Artc! Arttcld Article IV` Article Article Vi A Article VIII Article IX Art Ad cle Article A DHS-FEMA-EMPG-FY 17 en 29 U.S. D a tme it of Homeland Security ashin ton, D.C. 21 472 AGREEMENT ARTICLES t Performance Grants shington Milt ry Departs ent Emergency Management Perform an Grants: EMS -2017 -EP -00 04-S01 TABLE UE CONTENTS Ohio rer Pr l sd of D H USA Patriot n nd Flac and System of A trard Reoabilitatior+Act of 1973 Trafficking Victims Prose Terrorist Financing SAFECOM n A if 2000 Reporting Subav girds and Exec is Corrigensation Procure parent Patents Nonce Page 26 of 34 f Recut red nd Inteilecival Property Rights Fiuriding Opportunity R City of Yakima, E18-117 30 Article XIV Non-sooplanting Requirement Article XV Lobbying Prohibitions Article XVI Limited English Proficiency (Civil FRights Act of 1964, Title VI) Article XVII Hotel and Motel Fire Safety Act of 1990 Article XVIII Fly America Act of 1914 Article XIX Best Practices for Collection are Use of Personally Identifiable Information (PII) Article XX Americans with Disabilities Act of 1990 Alice >OKI Age Discrimination Act of 1975 Article XXII Activities Conducted Abrc(ad Article XXIII Acknowledgment of Federal Funding from DES Article XXIV Federal Leadership on Reducing Text Messaging while Driving Arte XXV Federal Debt Status Article XXVI False Claims Act and Program Fraud Civil Remedies Article XXVII Energy Policy and Conservation Act Article XXVIII Education Amendments of 1972 (Equal Opcortunity in Education Act) - Title IX Article WXIX Duplication of Benefits Article XXX Drug -Free Workplace Regulations Article Debarment and Suspiension Article I I Copyright Article XXXIII Civil Rights Act of 1968 Article XXXIV Civil Rights Act of 1964 - Title VI Article V DHS Specific Acknowledgements and Assurances Article XXXVI Assurancee Administrative Requirements, Cost Principles, and Audit Requirements DHS-FEMA-EMPG-FY 17 Page 27 of 34 City of Yakima, E18-117 Article Article Article ;1X Article A Artiec All recap n24t filo Pro leen Act rich the statutory, require nts for whist protections (if applicant 4712, 10 US:C. Sect n 2324+ 41 Lta.O. Sections 404 and 4310, Na nal End nmental Jicy Act Nondiscrimination in Organizations atte 31 Pertaining to -Faith -Based Acceptanceof Post Award Changes Prior Approval foi odificaticn of App ved Budget Disposition of Equipment Acquired Under the Fed al Award Buy American and Hire A ri h Logo and Flags AEE recipients must obtain permission from their DHS FAO or to using the DNS se r likenesses of DHS agency officials, including use of the united States Oi lags or likenesses of Coast Guard officials., Artiste lit - USA Patriot Act of 2001 All recipients must comply with requires Recurred to Iriterpect and Obstruct Terr or reproductions of eproductloi nirod Strengthenin Ainertca o Ir int>Acoroptiate Tool A PATRIOT Act), which amends 1 U,S0 sections 175-17 Article IV w Universal Identifier and Sys of A rd Management (SAM) All recipients are required to comply with the requirements s regarding the System for Award Management and Universal' ext of which is incorporated here by reference in the A h in the government -wide financial assistance award term r Requirements, locatedat nd conditions: Related to Recipient Integrity and Performance If the total veil of the reciptenVs cur a sista e offices exceeds ll?000 assists a a Bard you must eorripty Recipient Integrity and Performance here by reference in the award terra=, Article VI - Rehabilitation Act of gently active grants cooperative agreements, and procurement contracts from aEE tederal or any period of time during the period of performance of this federal financial the require nts set forth in the government -wide Award Term and Condition for atters,located at 2 i ..R. Fart 2041. Appendix Xli, the full text of which: is incorporated rad conditions. All recipients must comply with +hie requires tents of Section 504 of the Rehabilitation Act of 1 ,.. section 794, as mended, which provides that ntherwise otherwise qualified handicapped individuals in the United States will solely by reason of the handicap; be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article VII - Trafficking Victors Protection Act All recipients must comply with the requirements nts of tt-ie government -wide award term which , rnplemercts Section 106(g) caf the Trafficking Victims Protection Act of 2000 (TVPA) as amended by 22 U.S.C. section 7114 The award term Is located at C.F.R. sectiori.175.1. the full text of which is incorporated here by reference in the award terms arid conditions. Article VIII - Terrorist Financing DHS-FEMA-EMPG-FY 17 Page 28 of 34 City of Yakima, E18-117 32 All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article IX - SAFECOIVI AH recipients receiving federal financti assistarde awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Gu dance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X - Reporting St1113 rds and Executive Countertsation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 7 7. AR. Part 1'70, Appendix A, the full text of which is incorporated here by reference in the award terms and condibons. Article XI Procur ..nt of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act as amended by the Resgurce Cpriseryationand Recove Act The requirements of Section 6002 include procuring only items designated in guidelines althe Embrorirriental Protection Arsi-ncy (EPA) at 40 Q.F.MPart 47 that that contain the highest percentage of recovered matertis practicabY, consistent with rnaintairiing a satisfactory level of competition Adicie XII Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are sudect te the Sayh-Dole Act, Pub. No. P6-517, as amended, and codified $ et seq, All recipient are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C F R Part 401 and the standard patent rights clause located at 37 C.F,R, section 401,14. Article XIII . Notice of Funding Opportunity Require nts All of the kristructions, guidance, limitations, and other conditions set forth in the Notice of Fundirq Opportunity (1710F0) for this program are incorporated here by reference in the award terms and conditions All recipients must comply with art such requirements set forth in the program NOFO. Article XIV - Non -supplanting Require z nt All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supptnt) funds that have been budgeted for the same purpose through non-federal sources Article XV . Lobbying Prohibitions All redder -its must comply with 31 U 6C section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, ari officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action co ming the award or renewal. Article XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Alf recipients must comply with the Title VI of the Civil Fkights Auto! 1964( ribe VI) prohibition agairtt discrirdriation on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and semices. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance lottpsiir withs,govi outdanc ypublishedthelp-departmedquppyrtectorganizations-provide-meaditgfultaccess-peopletlimited and additional resources on httpl tee gov. Article XVII - Hotel and Motel Fire Safety Act of 1 In accordance with Section 6 of the Rotel and Motel Fire Safety Act 01 1990 15 U S C section 2225a all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies DHS-FEMA-EMPG-FY 17 Page 29 of 34 City of Yakima, E18-117 33 with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 16 U.S.C. section 2229 Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 411(2) for international air transportation of people and property to the extent that such service is avaiMble, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.0 section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942 Article XIX - Best Practices for Coll on and Use of Personally Identifiable Information (PII) DHS defines personally identifiable Infix gtion (PH) as any information that permits the identity of an individual to he directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PI are required to have a publically-avadable privacy policy that describes standards on the usage and maintenance of Pl I they collect Fedi:gents may also find the DHS Privacy Impact Assess nts- Privacy Guidance arid Privacy template as useful resources respectively, Article XX = Americans with Disabilities Act of 1 All recipients roust comply with the requirements of Titles I, 11, and of the Americans with Disabilities Al which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, Maces of public accommodation, and certain testing entities. (42 U,S,C. sections 1E101 -1E213. Article XXI - Age Discrimination Act of 1975 All recipients must comply with the require r- Ms of the Age Discrimination Act of 13'75 (Title 42 U.S. Code, section 6101 et Leg), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance, Article XXII Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States am coordirmted as necessary with approprMte jj4 ernment authorities and that approprete licenses, permits, or approvals are obtained Article XXIII Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing staMrinents, press releases, requests for proposals, tfid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XXIV - Federal Leadership on Reducing Text saging while Driving Alf recipients are encouraged to adopt and enforce policies that ban text seeping while driving as described in MO 13513, including conducting initiatives desert. -0 in Section 3(a) of the Order when on off mai government business or when performing any work for or on behalf of the federal government Article XXV - Federal Debt Status All recipients are required to be non -delinquent m their repayment of any federal debt Examples of relevant debt include delinquent payroll and other taxes audit disallovvances, and benefit overpayments, (See OMS Circular A-1294 Article XXV/ - False Clams Act and Program Fraud Civil Remedies Ali recipients must comply with the require r-nts of 3t0$,.C5ection 3729 - 3733 which prohibits the submission of faMe or fraudulent claims for payment to the federal govern rt (See 31 U.S,C. section 3801-3812 whMh detaiM the adrninistrdive re dies for false claims and statements gde) Article XXVII - Energy Policy and Conservation Act All recipients must comply with the require r-rits of 42 LI:S.C.„ section 0201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act Article XXVIII - Education A ridinents of 1972 (Equal Opportunity in Education Act) - Title IX DHS-FEMA-EMPG-FY 17 Page 30 of 34 City of Yakima, E18-117 34 All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 LI S C. section 1681 et sec' ), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance DHS implementing regulations are codified at 6 C F.R. Part 17 and 44 C F R Part 19 Article XXIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F R Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXX - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U S.C. section 8101 et seq.). which requires all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government -wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub L 100-690, Title V, Subtitle D. 41 U.S.0 8101-8107) Article XXXI - Debarment and Suspension At recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12089. and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright All recipients must affix the applicable copyright notices of 17 U.S C sections 401 or 402 and an acknowledges Government sponsorship (including the award number) to any work first produced under federal financial assist Article XXXII! - Civil Rights Act of 1968 All recipients must comply with sale; rental, financing, and advertising of dw race. color. national origin. religion. disability, Department of Housing and Urban Development a en t of U.S. ice awards. A . ct :, which prohibits recipients from discriminating in the he provision of services in connection therewith, on the basis of us, and sex (42L1_S..C...5g.ctJQn..3.00i. tie ), as implemented by the F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -i e , the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 G.F.R. section 100.201,) Article XXXIV - Civil Rights Act of 1984 - Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance DHS implementing regulations for the Act are found at 6 C F.R. Part 21 and 44 C F.R. Part 7. Article XXXV - DH3 Specific Acknowledgements and Assurances All recipients. subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1 Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS 2 Recipients must give DHS access to, and the right to examine and copy, records. accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance DHS-FEMA-EMPG-FY 17 Page 31 of 34 City of Yakima, E18-117 35 3 Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports 4. Recipients must comply with all other special reporting; data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5 If, during the past three years recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion. or familial status, recipients mist provide a list of all such proceedings, pending or completed. including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crclghq.dhs.gov or by mail at U S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D C 20528 6 In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability. religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. Article XXXVI - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 4240 Assurances - Construction Programs as applicable Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F,R. Part 200, and adopted by DHSat2CFR Part 3002 Article XXXVII - National Environmental Policy Act At recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondiscrimination In Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXIX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article XL - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308, For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. DHS-FEMA-EMPG-FY 17 Page 32 of 34 City of Yakima, E18-117 36 A Dispo i ion of Equiprnent AcquiredUnder the Federa Arri replacement equipment acquired under this award ay the recipient rite sub -recipients € rte is rider needed the original projector pro ram or for other activities csupport ed by DHS/FEMA, you mast request in atr tir ria fram DES/FEMA to make proper di *:;ifior of the equipment pursuant to 2 C.F.R. Section 200.31 Article XLH , Buy American and Hire A rie All recipientt through 88E3} or acquisition Per Fringe E f Travel Equipment Supplies Corntractrs3 ntrucfiur Indirect Cher# Other nne gine required to comply`i net any other applicat oele, products, or i DHS-FEMA-EMPG-FY 17 any applicable pr the Buy Arne ri an Act t 11 U.S.C. Se01 regulations; or ru€er that require, ar provide a preference for the purchase ertMs produced in the Un ted States. UDGET COST CATEGORIES Page 33 of 34 2,299,1 8; 2 18 X83.88 ,70 705.00 City of Yakima, E18-117 Obligating Do ent or war 1 a AGREEMENT NO. 2, AME-NDMENT NO. 3. 4. TYPE OF ACTION 5. CONTROL NO. EMS -2017-EP-00004 -SO1 *** f A tit arts t 6. RECIPIENT NAME AND ADDRESS Washington Military Department Building 20 Camp Murray, WA, 98430 - 5122 9. NAME OF RECIPIENT PROJECT OFFICER Tirzah Kincheloe RECIPIENT AWARD NO. 9160010950 7. ISSUING OFFICE AND ADDRESS Grant Operations 245 Murray Lane - Building 410, SW Washington DC, 20528-7 POC: 866-927-5646 PIO FY2017R1OEMPO 8. PA T OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington D( , 20472 PHONE NO 10 NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Infommtion Desk Phone: 800-368-6498 Email: A skesid@dhsgov 11, EFFECTIVE DATE OF 12. THIS ACTION METHOD 10/01/2016 OF PAYMENT PARS 15. DESCRIPTION OF ACTION 13. ASSISTANCE ARRANGEMENT 14 PERFORMANCE PERIOD Cost Reimbursement a. (Indicate funding data for awards or financial changes) PROGRAM CFD A NO. ACCOUNTING DATA PRIOR TOTAL ACRO XXXX-XXX-XXXXXX- AWARD VVOC-XXXX-,000C-X NAME (ACCS CODE) From: 10/01/2016 Budget Period 10/01/2016 To: 09/30/201 09/30/2018 37 AMOUNT C • NT AWARDED TOTAL THIS AWARD ACTION + OR (-) C TIVE NON- FEDERAL COMMITMENT Emergency 97.042 2017 -FA -D111 sR107- si .00 $7,306,624,00 $7,306,624.00 See Totals Management 4101-13 Pelfonnance Grants TOTALS $0.00 $7,306,624.00 $ 7,3416 „624.00 S7306624Oft b. To describe changes other than funding data or financial changes, attach schedule and check here. NA 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF' IIIIS DOCUMENT TO FEMA (Ste Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document However, recipients should print and keep a copy attics document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award noti ce or by incorporated reference in program legislation eited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Sierra Wardell, Preparedness Grants Section Program Manager 18, FEMA SIGNATORY OFFICIAL (Name and Title) KLVIBERLY ERIN PENFOLD , Assistance Officer DHS-FEMA-EMPG-FY 17 Page 34 of 34 DATE Fri Aug 25 19:59:14 GMT 2017 DATE Mon Aug 21. 19:57.05 GMT 2017 City of Yakima, E18-117 38 2 CFR Part 200 Subpart F Audit Certification Form Audits of StGte3, Local Governments, Indian Tribes, and Non -Profit Organizations Contact iriformation Subrecipient Name (Agency, Local Government, or Organization). Authorized Chief Financia Officer (central accounting offce). Address: Email: Phone #: Purpose: As a pass-through entity of federal grant funds, the Washington Military Department/Emergency Management Division (Department) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verify that subrecipients expending $750.000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal entity that expends federal grant funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form. Directions: As required by 2 CFR Part 200 Subpart F. non-federal entities that expend $750.000 in federal awards in a fiscal year shall have a single or program-pecific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, date, and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards SECTION A: Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check at thatapply): L] We did not expend $750,000 or more of total federal awards during the fiscal year. L] VVeare ofor-profit agency. III We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION B: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F (Complete the information below and cheek the appropriate box) We oompleted our ast 2 CFR Part 200 Subpart F Audit on [enter date] for Fisoal Year ending [enter date] There were rio findings reated to feder& awards from WMD/EMD. No foflow-up action is required by WMD/EMD as the pass-through entity. A compete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to contracts.officeRmilmagov or provide the state auditor report number: We compDeted our ast 2 CFR Part 200 Subpart F Audit on [enter date] for FiscaD Year ending [enter date] There were findings reDated to federaD awards. /\complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically t000ntracts.ofhceAmi|magavor provde the state audtor report number: [] Our completed 2 CFR F'art 200 Subpart F Audit wifl be avaiabVe on [enter date] for Fiscal Year ending [enter date]We will provide electronic copy of the audit report to contracts.officeamilmagov at that time or prov de the state auditor report number: | hereby certify that | am an individual authorized by the above identified entity to complete this form. Further, | certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Additionally, | understand this Form is to be submitted every fiscal year for which this entity is a subrecip|entoYfederal award funds from the Department until the grant agreement is closed. Signature of Authorized Chief Financial Officer: Date: Print Name & Title: VVMD Form 1009-13, 8/19/2013, Updated 9/9/2015 Washington Military Department Contract Number: 39 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as (DBA) ADDRESS Applicable or Solicitation #, if any WA Uniform Identifier (UBI) Business Federal Em Identification #: Tax 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 cemUficoton, without modificotion, 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 certificaUon, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available namedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the departmon1, 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 txonsaction, debannd, suspended, ineligible, lower tier covered txonsantion, participant, pemon, primary covered tnonoa(tion, principal, propooa|, and voluntarily exo|udnd, as used in this daune, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debaned, suspendnd, declared ine|igib|e, or voluntarily excluded from participation in this covered trannootion, unless authorized by the department or agency with which this transaction originated. G. 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 modificeUon, 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, doborrod, ouopondod, ino|igib|e, or voluntarily excluded from covered 1nannoctionn, 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 inutruntionn, 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, nunpended, debarned, ine|igib|e, or voluntarily excluded from participation in this tnonuaction, in addition to other remedies available to the Federal Qovernment, the department or agency with which this transaction originated may pursue available romedien, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tier participant cmrtifims, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ine|igib|e, 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 certificodmn, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: Print Name and Title: FEDERALWashington Military Department Contract Number: 40 DEBARMENT, SUSPENSION INELIGIBILITY UTY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is "Debarment. Suspension, Ineligibility. and Voluntarv Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the con1rautnr, are not qualified or are not adequately performing under a nontnont, or have violated a regulation or law pertaining to the contract. Why am | reciuired to siqn 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 a0mndmo, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, nrAnnizations, 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 (CFR5). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, app|ioo1ion, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant"? Lower tier participants means a person or organization that submits a propono|, 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 10 in this certification? Covered Transaction means a nontna(t, oral or written agoenment, gxont, 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 deberred, auapended, proposed for debarment, declared ine|igib|e, 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 41 FFATA FORM Subrecipient Agency: Grant and Year: Agreement Number: Completed by: manie Title Telephone Date Completed: STEP 1 |nyour grant agreement less than $29.O0O? YES STOP, no further analysis needed, GO to Step 6 NO GO to Step 2 STEP 2 In your preceding fiscal year, did your organization receive 80% or more of its annual gross revenues from federal funding? YES GO to STEP 3 NO STOP, no further analysis needed, GO to Step 6 STEP 3 In your preceding fiscal year, did your organization receive $25,000,000 or more in federal funding? YES GO to STEP 4 NO STOP, no further analysis needed, GO to Step 6 STEP 4 Does the public have access to information about the total compensation* of senior executives in your organization? YES STOP, no further analysis needed, GO to step 6 NO GO to STEP 5 STEPS Executive #1 Name: Total Compensation amount: $ Executive #2 Name: Total Compensation amount: $ Executive #3 Name: Total Compensation amount: $ Executive #4 Name: Total Compensation amount: $ Executive #5 Name: Total Compensation amount: $ STEP 6 If your organizaton does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25,000." Signature: Date: * Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalfofthe employee Additional Resources: http://wwwxvhitehouao.gov/omb/opon http://www.hma.gov/gnynts/ffato.hUn| http://www.gpo.gou/fdays/pkg/FR-2010'09'14/pd02010-22705.pdf Page 1 of 3 42 FFATA PROVISIONS AND INSTRUCTIONS For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State's submission in to the FFATA portal. ADDITIONAL PROVISIONS A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de -obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and 0 R Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award Management (SAM) is a government wide registration system for organizations that do business with the Federal Government. SAM stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, www.sam.gov. WMD requires SAM registration and annual renewal by your organization to minimize unnecessary data entry Page 1 of 2 43 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 VVMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non- cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization as identified in Step 5 of the FFATA Form. Page 2 of 2 44 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 CONTRACT NUMBER AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE \\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03 45 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. 46 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 0 Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership single -member LLC 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)III. Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the tax classification of the single -member owner. 0 Other (see instructions)," 0 Trust/estate 4 Exemptions certain entities. instructions Exempt payee Exemption code (if any) (Applies to accounts (codes apply only to not individuals; see on page 3): code (if any) from FATCA reporting the line above for maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) Requesters name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer !den i icat on Number(TIN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Socia security number Or Employer identification number Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person Date II* General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) 47 Form W-9 (Rev. 12-2014) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most fax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding'? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Specialru/es for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are fax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your fax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your fax return. If you have changed your last name without informing the Social Security Administration (SSA) of the narne change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line la. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's fax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal fax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal fax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the narne shown on the incorne fax return on which the incorne should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal fax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal fax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 48 Form W-9 (Rev. 12-2014) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or "S" for S corporation. If it is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 —An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11 —A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Forrn W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from fax under section 501(a) or any individual retirement plan as defined in section 7701(a))37) B—The United States or any of its agencies or instrumentalities C —A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)5) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J —A bank as defined in section 581 K —A broker L—A trust exempt from tax under section 664 or described in section 4947(a))1) M —A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Forrn SS -5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Forrn W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. 49 Form W-9 (Rev. 12-2014) Page 4 Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the forrn. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual 6. Grantor trust filing under Optional Form 1099 Ring Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The individual The actual owner of the account or, if combined funds, the first individual on the account' The minor' The grantor-trusteel The actual owner' The owner3 The grantor* For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an individual 8. A valid trust, estate, or pension trust 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 10. Association, club, religious, charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC 12. A broker or registered nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) The owner Legal entity' The corporation The organization The partnership The broker or nominee The public entity The trust List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. Circle the minor's name and furnish the minor's SSN. You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules fax partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a fax preparer. If your fax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving fax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing©irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a fax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.