HomeMy WebLinkAboutR-2016-035 Yakima Emergency Management Program Funding Grant Agreement with the WA State Military Dept. and Homeland SecurityA RESOLUTION
RESOLUTION NO. R-2016-035
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, on December 31, 2014, the City of Yakima withdrew from the Yakima
County Office of Emergency Management and began creation of the City's Emergency
Management Program; and,
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 June 2015, 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
Grant Agreement Number E16-160 with Washington State Military Department and U.S.
Department of Homeland Security.
ADOPTED BY THE CITY COUNCIL this 15th lay of March, 2016.
ATTEST. v . '''na G
tvo
Sonya Claar Tee, City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.C.
For Meeting of: March 15, 2016
ITEM TITLE: Resolution 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
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 the EMPG award amount of $53,812.00 for training, exercises,
emergency notifications and EOC readiness. Our training plans include: EOC City Staff; Mass
Care Services; and Disaster Rapid Needs Assessment and Recovery. Our exercise plans
include: Hazardous Materials Incidents --fixed and transportation; Continuity of Government and
Operations for City Staff; Yakima Air Terminal FAA required. Our Emergency Notification focus
will be on initial emergency notifications to city staff; high risk population centers; and hospitals.
Our EOC Readiness plan includes: Equipment, Training and Consultative Services; Equipment
acquisition for multiple EOC Command sites, i.e. Fire Station 91; Public Works; and Police.
ITEM BUDGETED:
STRATEGIC PRIORITY:
NA
Public Safety
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Staff respectfully requests City Council to approve the resolution authorizing the Interim City
Manager to enter into Grant Agreement E1 6-160
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Resgution for EMIPG Grant 2/17/2016 Resgution
D Grant Agreement 3/3/2016 Contract
D Agreement Attachments 3/3/2016 Backup Materna°
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1 Subrecipient Name and Address
City of Yakima
401 North Front Street
Yakima, WA 98901
2 Grant Agreement Amount:
$53,812
3 Grant Agreement Number
E16-160
4 Subrecipient Contact, phone/email
Bob Stewart, (509) 575-6060
bo b. stewa rtAva k i m awa. q ov
5 Grant Agreement Start Date
June 1, 2015
6 Grant Agreement End Date:
August 31, 2016
7 Department Program Manager, phone/email
Sierra Wardell, (253) 512-7121
sierra.wardelle.mil.wa.gov
8. Data Universal Numbering System (DUNS):
078212651
9 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 Identification #.
EMW-2015-EP-00028-S01
12. Federal Award Date
09/22/2015
13 Catalog of Federal Domestic Assistance (CFDA) # & Title.
97.042 (15EMPG)
14 Total Federal Amount #.
$7,219,265
15 Program Index # & OBJ/SUB-OBJ.
753PT NZ
16. TIN:
91-6001293
17 Service Districts.
(BY LEGISLATIVE DISTRICT): 13
(BY CONGRESSIONAL DISTRICT): 4
18 Service Area by County(ies):
Yakima County
19 Women/Minority-Owned, State
Certified?. X N/A ■ NO
• YES, OMWBE #
20 Agreement Classification
• Personal Services • Client Services X Public/Local Gov't
• Research/Development • A/E • Other
21 Contract Type (check all that apply):
• Contract X Grant X Agreement
• Intergovernmental (RCW 39.34) 0 Interagency
22 Subrecipient Selection Process.
X "To all who apply & qualify" • Competitive Bidding
• Sole Source • A/E RCW • N/A
• Filed w/OFM? • Advertised? • YES ■ NO
23 Subrecipient Type (check all that apply)
0 Private Organization/Individual • For -Profit
X Public Organization/Jurisdiction • Non -Profit
0 CONTRACTOR X SUBRECIPIENT • OTHER
24 PURPOSE & DESCRIPTION
The purpose of the FY 2015 Emergency Management Performance Grant (15EMPG) is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs
as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 15EMPG Award EMW-2015-EP-00028-S01, which is incorporated
in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D), Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below
FOR T� DEPARTMENT NT
/A
FOROR E S BR C�l�i�W
,----V7— l
Signature Date Sig r Date
Richard A. Woodruff, Contracts Administrator Bob Stewart, Chief
Washington State Military Department Yakima Fire Department
BOILERPLATE APPROVED AS TO FORM APPROVED AS TO FORM (if applicable):
Brian E. Buchholz (signature on file 9/22/2015)
Assistant Attorney General
Applicant's Legal Review Date
DHS-FEMA-EMPG-FFY 15
Page 1 of 30
Form 05/12/2015 MLL
carvCOIIITRACT net a4/6"o53
NEso►ut me: g --Z/6-035
City of Yakima, E16-160
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this
Agreement. Any substitution of key personnel by either party shall be made by written notification
to the current key personnel.
SUBRECIPIENT
MILITARY DEPARTMENT
Name
Bob Stewart
Name
Deborah Henderson
Title
Chief, Yakima Fire Department
Title
Program Coordinator
E -Mail
bob.stewart(a�yakimawa.gov
E -Mail
deborah.henderson • mil.wa.•ov
Phone
509-575-6060
Phone
253-512-7470
Name
Charles Erwin
Name
Sierra Wardell
Title
Emergency Management Specialist
Title
Program Manager
E -Mail
charles.erwinRyakimawa.gov
E -Mail
sierra.wardell • mil.wa. • ov
Phone
509-576-6732
Phone
253-512-7121
Name
Name
Dalton Gamboa
Title
Title
Program Assistant
E -Mail
E -Mail
dalton.gamboaamil.wa.gov
Phone
Phone
253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by DHS/FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant"
document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01,
and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment #1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of a
subrecipient or contractor in accordance with 2 CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward
to a non-federal entity as its subrecipient:
i The Subrecipient must comply with all federal laws and regulations
applicable to pass-through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200
*32 IMAIRMOS VT*
DHS-FEMA-EMPG-FFY 15""'"'"'"'"°001/18 comme
Page 2 of 30 City of Yakima, E16-160
ii. The Subrecipient shall require its subrecipient to comply with all
applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement
and the informational documents published by DHS/FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-
00028-S01 in Attachment #1, and the federal regulations commonly
applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used in accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment #1 of this Agreement.
2. REIMBURSEMENT & BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries,
benefits, printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Grant Agreement
Amount.
DHS-FEMA-EMPG-FFY 15
c. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix
VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10% of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and
should consult their internal policies, state rates set pursuant to RCW
43 03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e The Subrecipient will submit reimbursement requests to the Department by
submitting a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
Page 3 of 30 City of Yakima, E16-160
DHS-FEMA-EMPG-FFY 15
Reimbursement requests must be submitted to
Reimbursements(a)mil.wa.gov no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are
authorized under this Agreement must be maintained by the Subrecipient
consistent with record retention requirements of this Agreement and be
made available upon request by the Department, and local, state, or federal
auditors
g.
Any request for extension of a due date in the Timeline (Exhibit D) will be
treated as a request for Amendment of the Agreement and must be
submitted to the Department Key Personnel sufficiently in advance of the
due date to provide adequate time for Department review and
consideration, and can be granted or denied within the Department's sole
discretion.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non-federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor
Failure to timely submit complete reports and reimbursement requests as
required by this Agreement (including but not limited to those reports in the
Timeline) will prohibit the Subrecipient from being reimbursed until such
complete reports and reimbursement requests are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed
m. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace (supplant) non-
federal funds that have been budgeted for the same purpose. The
Subrecipient may be required to demonstrate and document that a
reduction in non-federal resources occurred for reasons other than the
receipt or expected receipt of federal funds.
J.
Page 4 of 30 City of Yakima, E16-160
3. REPORTING REQUIREMENTS
a The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b. In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient will submit a final report with its final
reimbursement request to the Department detailing progress on all
activities listed in the Work Plan.
c. In conjunction with the final report, the Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d. The Subrecipient shall also comply with the Federal Funding Accountability
and Transparency Act (FFATA) and related OMB Guidance consistent with
Public Law 109-282 as amended by section 6202(a) of Public Law 110-252
(see 31 U.S.C. 6101 note) and complete and return to the Department the
FFATA Form located at http://mil.wa.gov/emergency-management-
division/qrants/requiredgrantforms which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non-federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200.318 — 200.326, to include but not
limited to:
i. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non-federal entity to
which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
iii. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic
Assistance (CFDA) number; who holds the title; the acquisition date;
the cost of the equipment and the percentage of Federal
participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition
data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment
and reconcile the results with the property records at least once
every two years. Any differences between quantities determined by
DHS-FEMA-EMPG-FFY 15
Page 5 of 30 City of Yakima, E16-160
DHS-FEMA-EMPG-FFY 15
the physical inspection and those shown in the records shall be
investigated by the Subrecipient to determine the cause of the
difference The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition
vi The Subrecipient shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any
loss, damage, or theft shall be investigated and a report generated
and sent to the Department.
vii The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or when original or replacement equipment is no longer
needed for the original project or program or for other activities
currently or previously supported by a Federal agency, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non -
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment as follows:
i. Items of equipment with a current per-unit fair market
value of less than $5,000 may be retained, sold or
otherwise disposed of by the Subrecipient with no further
obligation to the awarding agency
ii. Items of equipment with a current per-unit fair market
value of more than $5,000 may be retained or sold and
the Subrecipient shall compensate the Federal -
sponsoring agency for its share.
x. Records for equipment shall be retained by the Subrecipient for a
period of six years from the date of the disposition, replacement, or
transfer. If any litigation, claim, or audit is started before the
expiration of the six year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subrecipient shall comply with EMD's purchase guidelines No
reimbursement will be provided unless the appropriate approval has been
received.
Page 6 of 30 City of Yakima, E16-160
c. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http://www.fema.gov/preparedness-non-disaster-q rants. The AEL
consists of 21 categories which are divided into sub -categories. It is
important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL.
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and/or DHS/FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security" when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non-federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) Program. Subrecipients are required to
comply with DHS/FEMA EHP Policy Guidance which can be found at
https://www.fema.gov/office-environmental-planninq-and-historic-preservation
FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance
at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.fema.gov/media-library/assets/documents/101537 all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients proposing projects that have the potential to impact the
environment, including, but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS/FEMA EHP review before project initiation.
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources
and/or historic properties.
DHS-FEMA-EMPG-FFY 15
Page 7 of 30 City of Yakima, E16-160
c. The Subrecipient agrees that to receive any federal preparedness funding,
all EHP compliance requirements outlined in applicable guidance must be
met. The EHP review process must be completed before funds are
reimbursed Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specified in the General Terms and
Conditions, Exhibit B, A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre -procurement review
and approval the procurement documents, such as requests for proposals,
invitations for bids and independent cost estimates This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non-federal entity to which
the Subrecipient makes a subaward
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b To document compliance with 2 CFR Part 200 Subpart F requirements, the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at http://mil.wa.gov/emergency-
management-division/grants/reguiredgrantforms with the signed
Agreement and each fiscal year thereafter until the Agreement is closed,
which is incorporated by reference and made a part of this Agreement.
c Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii monitoring and documenting the completion of Agreement deliverables,
iii. documentation of phone calls, meetings, e-mails and correspondence,
iv. review of reimbursement requests and supporting documentation to
ensure allowability and consistency with Agreement work plan, budget
and federal requirements,
v. observation and documentation of Agreement related activities, such
as exercises, training, funded events and equipment demonstrations;
vi on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d The Subrecipient is required to meet or exceed the monitoring activities, as
outlined above, for any non-federal entity to which the Subrecipient makes
a subaward as a pass-through entity under this Agreement.
e Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
DHS-FEMA-EMPG-FFY 15
Page 8 of 30 City of Yakima, E16-160
8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin, which requires that subrecipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency (August 11, 2000), requires federal agencies to
issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its
obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at
https://www.dhs.gov/guidance-published-help-department-supported-
organizations-provide-meaningful-access-people-limited and additional
resources on http://www.lep.gov.
9. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts and
principles that answer how to manage emergencies from preparedness to
recovery regardless of their cause, size, location, or complexity. NIMS
provides a consistent, nationwide approach and vocabulary for multiple
agencies or jurisdictions to work together to build, sustain and deliver the
core capabilities needed to achieve a secure and resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential Policy
Directive (PPD) -8, to guide activities within the public and private sector
and describes the planning, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA, which is
provided to assist state, local and tribal governments enhance and sustain all -
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. § 762)
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Page 9 of 30 City of Yakima, E16-160
2 A portion of the 15EMPG grant was identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
3 The Subrecipient shall use the EMPG funds authorized under this Agreement only
to perform tasks as described in the Work Plan of the Subrecipient's application
for funding, as approved by the Department and incorporated into this Agreement.
Funding may not be used to replace or supplant existing local or tribal government
funding of emergency management programs.
4. The Subrecipient shall provide a fifty percent match of $53,812 of non-federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered reasonable, allowable, allocable, and necessary
under the grant program and must comply with all Federal requirements and
regulations, including but not limited to 2 CFR Part 200. An appropriate
mechanism must be in place to capture, track, and document matching funds.
5 Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6 All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no Tess than three exercises in a 12 -month
period The Subrecipient will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NI MS Training ICS 100, ICS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DHS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No EMW-2015-EP-00028-S01, which are incorporated and
made a part of this Agreement as Attachment #1
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Page 10 of 30 City of Yakima, E16-160
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in
2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set
forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state
agency, any division, section, office, unit or other entity of the Department, or any
of the officers or other officials lawfully representing that Department. The
Department is a recipient of a federal award directly from a federal awarding
agency and is the pass-through entity making a subaward to a subrecipient under
this Agreement.
c. "Subrecipient" when capitalized is primarily used throughout this Agreement in
reference to the non-federal entity identified on the Face Sheet of this Agreement
that has received a subaward from the Department. However, the definition of
"subrecipient" is the same as in 2 CFR 200.93 for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review
activities that are conducted to ensure compliance with all state and federal laws,
rules, regulations, authorities and policies.
f. "Investment" means the grant application submitted by the Subrecipient
describing the project(s) for which federal funding is sought and provided under
this this Agreement. Such grant application is hereby incorporated into this
Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Subrecipient shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or
modification of this Agreement. However, such amendment or modification shall not be
binding, take effect or be incorporated herein until made in writing and signed by the
authorized representatives of the Department and the Subrecipient. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be
in accordance with all the applicable current federal, state and local laws, rules and
regulations.
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A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the
Subrecipient is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any federal
department or agency
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at
http://mil.wa.qov/emergency-manaqement-division/qrants/requiredgrantforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients or any
of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in "covered transactions" by any
federal department or agency. "Covered transactions" include procurement contracts for
goods or services awarded under a non -procurement transaction (e.g. grant or
cooperative agreement) that are expected to equal or exceed $25,000, and subawards to
subrecipients for any amount. With respect to covered transactions, the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(http://www.sam.gov) maintained by the federal government. The Subrecipient also
agrees not to enter into any arrangements or contracts with any party on the Washington
State Department of Labor and Industries' "Debarred Contractor List"
(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContract
ors/). The Subrecipient also agrees not to enter into any agreements or contracts for the
purchase of goods and services with any party on the Department of Enterprise Services'
Debarred Vendor List
(http://www.des.wa.gov/services/ContractinqPurchasinq/Business/Pages/Vendor-
Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Subrecipient to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
(2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Agreement, grant, loan, or cooperative
agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions, (3) and that, as applicable,
the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code
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Page 12 of 30 City of Yakima, E16-160
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of the
Subrecipient who exercises any functions or responsibilities with respect to the project
during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the
Department is not responsible for determining compliance with, any and all applicable
federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
policies. This obligation includes, but is not limited to: nondiscrimination laws and/or
policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW
42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70 92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement
and award of any contracts with contractors or sub -contractors that are entered
into under the original contract award. The procurement process followed shall be
in accordance with 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
DHS-FEMA-EMPG-FFY 15
Page 13 of 30 City of Yakima, E16-160
DHS-FEMA-EMPG-FFY 15
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp ,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor "
4) Davis -Bacon Act, as amended (40 U S C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non -Federal entities must include a provision for compliance with the
Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction")
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor In addition, contractors must
be required to pay wages not fess than once a week. The non -Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination
The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40 U S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States") The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled The non -Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act (40 U.S C 3701-3708) Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week The requirements of 40 U S C 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
Page 14 of 30 City of Yakima, E16-160
DHS-FEMA-EMPG-FFY 15
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government -
wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
part 1986 Comp., p 189) and 12689 (3 CFR part 1989 Comp , p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non -
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding agency,
the Comptroller General of the United States, or any of their duly authorized
representatives to any books, documents, papers, and records of the contractor
which are directly pertinent to that specific contract for the purpose of making audit,
examination, excerpts, and transcriptions
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
Page 15 of 30 City of Yakima, E16-160
15) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
b The Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient must ensure that its procurement process
requires contractors and subcontractors to provide adequate documentation with
sufficient detail to support the costs of the project and to allow both the
Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the
Subrecipient's responsibilities with respect to services provided under this Agreement is
prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute. A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties The panel shall consist of a representative appointed
by the Department, a representative appointed by the Subrecipient and a third party
mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Subrecipient, its sub -contractors, subrecipients, assigns, agents, contractors, consultants,
licensees, invitees, employees or any person whomsoever arising out of or in connection
with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of (1) the Department, and (2) the
Subrecipient, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's
agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the Federal government, the
following shall apply:
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Page 16 of 30 City of Yakima, E16-160
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the Federal
government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department's Authorized Signature
representative and the Authorized Signature representative of the Subrecipient or
Alternate for the Subrecipient, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Agreement. Any alteration, amendment, modification, or waiver of any clause or
condition of this Agreement is not effective or binding unless made in writing and signed
by both parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient
shall have signature authority to sign reimbursement requests, time extension requests,
amendment and modification requests, requests for changes to projects or work plans,
and other requests, certifications and documents authorized by or required under this
Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a "Termination for Cause" without providing the
Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under "Amendments and Modifications" to comply with new funding
limitations and conditions, although the Department has no obligation to do so
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability (physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHANVISHA)
The Subrecipient represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the
Subrecipient's performance under this Agreement. To the extent allowed by law, the
Subrecipient further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply
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A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus
or commission for the purpose of obtaining approval of the application for such assistance
or any other approval or concurrence under this Agreement provided, however, that
reasonable fees or bona fide technical consultant, managerial, or other such services,
other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this Agreement wherein the Department's name is mentioned
or language used from which the connection of the Department's name may, in the
Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or
use such advertising and publicity matters without the prior written consent of the
Department. The Subrecipient may copyright original work it develops in the course of or
under this Agreement; however, pursuant to 2 CFR Part 200 315, FEMA reserves a
royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws, regulations, and/or the provisions of the
Agreement, the Department reserves the right to recapture funds in an amount equivalent
to the extent of noncompliance Such right of recapture shall exist for the life of the project
following Agreement termination. Repayment by the Subrecipient of funds under this
recapture provision shall occur within 30 days of demand In the event the Department is
required to institute legal proceedings to enforce the recapture provision, the Department
shall be entitled to its costs and expenses thereof, including attorney fees.
A.25 RECORDS
a The Subrecipient agrees to maintain all books, records, documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Subrecipient's contracts, subawards, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Agreement (the "records").
b. The Subrecipient's records related to this Agreement and the projects funded may be
inspected and audited by the Department or its designee, by the Office of the State
Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
DHS-FEMA-EMPG-FFY 15
Page 18 of 30 City of Yakima, E16-160
purposes of determining compliance by the Subrecipient with the terms of this
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement
and the funded project(s) for a period of at least six (6) years following final payment
and closure of the grant under this Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement,
the project itself remains the sole responsibility of the Subrecipient. The Department
undertakes no responsibility to the Subrecipient, or to any third party, other than as is
expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third
party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws,
regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Subrecipient in connection with the project. The
Subrecipient shall not look to the Department, or to any state or federal agency, or to any
of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection
with any claim or lawsuit brought by any third party related to any design, development,
construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart
F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards (GAGAS) as found
in the Government Auditing Standards (the Revised Yellow Book) developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DHS-FEMA-EMPG-FFY 15
Page 19 of 30 City of Yakima, E16-160
the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR
Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or
a public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub -contractors also maintain auditable records
The Subrecipient is responsible for any audit exceptions incurred by its own organization
or that of its sub -contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Subrecipient
must respond to Department requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine (9) months after the end of the Subrecipient's fiscal year(s) to
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine (9) months after the end of the Subrecipient's
fiscal year(s) to the address listed above:
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or
disallowing of overhead costs, the suspension of federal awards until the audit is
conducted and submitted, or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and/or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient make any claim,
demand, or application to or for any right or privilege applicable to an officer or employee
of the Department or of the State of Washington by reason of this Agreement, including,
but not limited to, Workmen's Compensation coverage, unemployment insurance benefits,
social security benefits, retirement membership or credit, or privilege or benefit which
would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Agreement.
DHS-FEMA-EMPG-FFY 15
Page 20 of 30 City of Yakima, El 6-160
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for,
pay and maintain in current status all taxes, unemployment contributions, fees, licenses,
assessments, permit charges and expenses of any other kind for the Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed
to fulfill in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Subrecipient an opportunity to cure if it is not feasible as determined solely within the
Department's discretion. Any time allowed for cure shall not diminish or eliminate the
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement Agreement, e.g., cost of administering the competitive solicitation
process, mailing, advertising and other associated staff time. The rights and remedies of
the Department provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipient's control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience"
DHS-FEMA-EMPG-FFY 15
Page 21 of 30 City of Yakima, E16-160
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement, the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
agreed upon price, if separately stated, for properly authorized and completed work and
services rendered or goods delivered to and accepted by the Department prior to the
effective date of Agreement termination, the amount agreed upon by the Subrecipient and
the Department for (i) completed work and services and/or equipment or supplies provided
for which no separate price is stated, (ii) partially completed work and services and/or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes"
clause of this Agreement. If the termination is for cause, the Department shall determine
the extent of the liability of the Department. The Department shall have no other obligation
to the Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient such sum as the Department determines to be necessary to protect the
Department against potential loss or liability
The rights and remedies of the Department provided in this Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice,
b. Place no further orders or contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of
such portion of the work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by
the Department, all of the rights, title, and interest of the Subrecipient under the orders
and contracts so terminated, in which case the Department has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and contracts, with the approval or ratification of the Department to the extent the
Department may require, which approval or ratification shall be final for all the
purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the
extent directed by the Department any property which, if the Agreement had been
completed, would have been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by
the Department in compliance with all contractual requirements; and
Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
g.
DHS-FEMA-EMPG-FFY 15
Page 22 of 30 City of Yakima, E16-160
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-
owned and/or women -owned in carrying out the purposes of this Agreement. The
Subrecipient may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and
performance shall be governed by, the laws of the state of Washington. Venue of any suit
between the parties arising out of this Agreement shall be the Superior Court of Thurston
County, Washington. The Subrecipient, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance
by the Department in writing. The Department's failure to insist upon strict performance
of any provision of the Agreement or to exercise any right based upon a breach thereof,
or the acceptance of any performance during such breach, shall not constitute a waiver of
any right under this Agreement.
DHS-FEMA-EMPG-FFY 15
Page 23 of 30 City of Yakima, E16-160
Exhibit C
15EMPG WORK PLAN
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 conducted in order to remain eligible for EMPG funding, including but not limited to the ability to
communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan
delineates the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle (to include 15EMPG grant and local funds).
Program Area #1 I Training
OBJECTIVE
Develop a training program that includes the assessment, development and implementation of
appropriate training for elected/appointed officials, department heads, emergency management
response personnel, and the private sector. Provide travel opportunities to training sites.
Emergency Management Function:. Training
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
EOC personnel receive and maintain training with their current and
potential responsibilities. Specialized training relating to the
threats confronting the jurisdiction is included in the training
program.
Quarterly exercise drills will be conducted for specific
EOC functional areas (i e., Operations Section,
Planning, etc.) utilizing different scenarios.
Program Area #2 I Exercises
OBJECTIVE
Develop an exercise program that regularly tests plans, policies, equipment, and facilities of the city's
emergency management program The city's goal for 2015 is to identify exercise requirements and
continue to build on those.
Emergency Management Function: Exercises, Evaluations and Corrective Actions
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome)
- Yakima Air Terminal Airport Emergency Plan --emergency
Response capabilities validated
- Hazardous Materials incident --validates the city's emergency
response to a HM event.
- City Hall COOP exercised
DHS-FEMA-EMPG-FFY 15
Page 24 of 30
Measurement (how to tell if success has been achieved)
- Yakima Air Terminal certification will be renewed by
FAA.
- The Yakima Air Terminal's emergency response is
incorporated into the CEMP
- The city's fire department serves as an extension of
the Tri -County Hazardous Materials Response Team
Hazardous Materials Exercises will validate the city's
role as this response unit.
City of Yakima, E16-160
IACTIVITIES
1
EOC Intelligence and Information Sharing
1 enhancement
Milestone Elected/Appointed Officials/Department Training 1
July 2015
to December 2015
2
EOC Mass Care Services
- —
Milestone' Emergency response personnel and private sector I
January 2016
1
enhancement
1 to
July 2016
3
EOC Cost Recovery
enhancement
Milestone City government and private sector
October 2015
� to
December 2015
Program Area #2 I Exercises
OBJECTIVE
Develop an exercise program that regularly tests plans, policies, equipment, and facilities of the city's
emergency management program The city's goal for 2015 is to identify exercise requirements and
continue to build on those.
Emergency Management Function: Exercises, Evaluations and Corrective Actions
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome)
- Yakima Air Terminal Airport Emergency Plan --emergency
Response capabilities validated
- Hazardous Materials incident --validates the city's emergency
response to a HM event.
- City Hall COOP exercised
DHS-FEMA-EMPG-FFY 15
Page 24 of 30
Measurement (how to tell if success has been achieved)
- Yakima Air Terminal certification will be renewed by
FAA.
- The Yakima Air Terminal's emergency response is
incorporated into the CEMP
- The city's fire department serves as an extension of
the Tri -County Hazardous Materials Response Team
Hazardous Materials Exercises will validate the city's
role as this response unit.
City of Yakima, E16-160
Program Area #3,
Community Resilience
UJ
Lead the integrated effort to recognize, understand, communicate, plan, and address risks so that the
community can develop a set of actions to accomplish Mitigation and improve resilience.
UJ
m
0
Emergency:Management Function:
Crisis Communications, Public Education and Information
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome)
Provide information and education to the public concerning threats
to life, safety, and property Exceed federal ADA mandates and
other statutory requirements as found in state and federal
guidance.
Measurement (how to tell if success has been achieved)
Conduct a survey on the City's website as to the value
of this educational program. 50% participation would
be a measurement of success. In addition to a
website survey, the city will conduct an enrollment
for its Emergency Notification System (Everbridge)
The goal is to initially enroll 15 to 20 % of cell phones
users by the end of 2015.
ACTIVITIES
Community meetings
enhancement
ACTIVITIES
1
Yakima Air Terminal FAA Full -Scale Exercise
December 2015
Milestone: Assisted Living Facilities and Nursing Homes --EM
presentation and pamphlets
enhancement
Milestone: Participate in Full Scale Exercise
p
September 2015
to
September 2015
enhancement
2 Milestone: Develop Spanish version
July 2015
to
August 2015
2
Hazardous Materials
to
September 2015
enhancement
Milestone: Participate in Functional Exercise
January 2016
to
June 2016
December 2015
3
COOP
enhancement
Milestone: Participate in Functional Exercise
January 2016
to
June 2016
Program Area #3,
Community Resilience
UJ
Lead the integrated effort to recognize, understand, communicate, plan, and address risks so that the
community can develop a set of actions to accomplish Mitigation and improve resilience.
UJ
m
0
Emergency:Management Function:
Crisis Communications, Public Education and Information
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome)
Provide information and education to the public concerning threats
to life, safety, and property Exceed federal ADA mandates and
other statutory requirements as found in state and federal
guidance.
Measurement (how to tell if success has been achieved)
Conduct a survey on the City's website as to the value
of this educational program. 50% participation would
be a measurement of success. In addition to a
website survey, the city will conduct an enrollment
for its Emergency Notification System (Everbridge)
The goal is to initially enroll 15 to 20 % of cell phones
users by the end of 2015.
Program Area #4
Public Notification and Warning
Develop an early notification system to enhance warning to special -needs and general populations. The
city has never addressed a mass notification system until applicable ADA requirements indicated that
local jurisdictions shall have the capability to warn ADA populations. The city has developed over 100
sites around the city with special population needs.
Emergency Management Function: 1 Communications and Warning
DHS-FEMA-EMPG-FFY 15
Page 25 of 30 City of Yakima, E16-160
ACTIVITIES
Community meetings
enhancement
Community Centers --EM presentation and
1 Milestone: pamphlets
pam p
August 2015
to
December 2015
Milestone: Assisted Living Facilities and Nursing Homes --EM
presentation and pamphlets
August 2015
to
October 2015
Emergency pamphlets in both English and Spanish
enhancement
2 Milestone: Develop Spanish version
July 2015
to
August 2015
Milestone. Print and process
July 2015
to
September 2015
Special population -settings, i e., Adult Family Homes; American Disabilities Act (ADA) in
3 general population.
enhancement
Milestone: Visit Adult Family Homes --distribute pamphlets I September 2015
to
December 2015
Program Area #4
Public Notification and Warning
Develop an early notification system to enhance warning to special -needs and general populations. The
city has never addressed a mass notification system until applicable ADA requirements indicated that
local jurisdictions shall have the capability to warn ADA populations. The city has developed over 100
sites around the city with special population needs.
Emergency Management Function: 1 Communications and Warning
DHS-FEMA-EMPG-FFY 15
Page 25 of 30 City of Yakima, E16-160
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Deliver warning to the city's special -needs populations. There is no
guarantee that emergency notifications will produce the intended
outcome, i.e. life-saving, etc. Through this system, the city can only
hope that those receiving the warning will act responsibly
Fifty -percent (50%) of targeted populations have
early notification capability
Program Area #5 I Operational Coordination
• Establish and maintain a unified and coordinated operational structure and process that appropriately
▪ integrates all critical stakeholders and supports the execution of core capabilities. Enhance current
LU
m
capability as funding allows.
0
Emergency Management Function: Facilities
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Yakima has facilities capable of adequately supporting response and
recovery activities.
Primary emergency facilities, i e. EOCs, will
operational within 60 minutes.
IACTIVITIES
1
Special -needs populations' capability to receive notification via cell phone or land -line.
enhancement
Milestone• Conduct an on-site survey
1-August2015
to
October 2015
Milestone Implement system
1 January 2016
to June 2016
to
1
I to
2
General population for participation in a notification system
enhancement
Milestone. Conduct a survey
Milestone Implement system
r November 2015
I January 2016
to
to
December 2015
June 2016
enhancement
August 2015
December 2015
3
Notification system tested on an established schedule
enhancement
Milestone. Quarterly notification drills
January 2016 ( to
June 2016
Program Area #5 I Operational Coordination
• Establish and maintain a unified and coordinated operational structure and process that appropriately
▪ integrates all critical stakeholders and supports the execution of core capabilities. Enhance current
LU
m
capability as funding allows.
0
Emergency Management Function: Facilities
Performance Measure(s) that will be used to evaluate the program area
Target (intended outcome) Measurement (how to tell if success has been achieved)
Yakima has facilities capable of adequately supporting response and
recovery activities.
Primary emergency facilities, i e. EOCs, will
operational within 60 minutes.
DHS-FEMA-EMPG-FFY 15
Page 26 of 30
City of Yakima, E16-160
IACTIVITIES
1
Develop EOC playbook and job aids
1 enhancement
August 2015
October 2015
Milestone: EOC staff review and validate their position job
_ aids
EOC staff determines EOC "tools' to improve
Milestone
response
;
July 2015
September 2015
to
1
I to
2
Determine equipment purchases in support of EOC activities
Milestone Acquire thumb -drives and populated with EOC
procedures
Update laptop capabilities with appropriate EOC
Milestone. software
j
July 2015
September 2015
to
to
enhancement
August 2015
December 2015
3
EOC Design
July 2015
r to
enhancement
1 August 2015
Milestone: Survey of EOC sites
Milestone Primary and Alternate Sites Evaluated
I
August 2015
to
June 2016
DHS-FEMA-EMPG-FFY 15
Page 26 of 30
City of Yakima, E16-160
Exhibit D
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE
TASK
June 1, 2015
Grant Agreement Start Date
April 30, 2016
Submit reimbursement request
August 31, 2016
Grant Agreement End Date
October 15, 2016
Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 15
Page 27 of 28 City of Yakima, E16-160
Exhibit E
BUDGET
FFY 2015 Emergency Management Performance Grant Program
15EMPG AWARD
SOLUTION
AREA CATEGORY
$ 53,812.00
EMPG AMOUNT
MATCH AMOUNT
PLANNING
Salaries & Benefits
53,812
Overti me/Ba c kfi I I
Cons ulta nts/Contractors
Goods & Services
Travel/Per Diem
Indirect
0% $
Subtotal $
$ 53,812
ORGANIZATION
Salaries & Benefits
Overtime/Bac kfi I I $
Consultants/Contractors $
Goods & Services $
Travel/Per Diem $
Indirect 0% $
10,000
33,812 '' $
Subtotal $
43,812 $
Salaries & Benefits
Overtime/Bac kfi II
t^ Consultants/Contractors
cc Goods & Services
W
X Travel/Per Diem
• Indirect
5,000 >r $
0% $
Subtotal $
5,000 $
Salaries & Benefits $
Overtime/Backfill $
Z Consultants/Contractors $
Z Goods & Services $
gTravel/Per Diem $
Indirect 0% $
Subtotal $
3,000 $
2,000 N $
5,000 $
a Equipment $
Indirect 0% $
Subtotal $
Salaries & Benefits $
Overti me/Ba c kfi I I $
< Consultants/Contractors $
otf Goods & Services $
2 Travel/Per Diem $
Indirect 0% $
Subtotal $
TOTAL Grant Agreement AMOUNT: $
53,812 ". $ 53,812
• The Subrecipient will provide a match of at least $53,812, 50% of the total project cost (local/tribal budget plus EMPG
award), of non-federal origin
• Cumulative transfers between budget categories in excess of 10% of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source. U S Department of Homeland Security - PI# 753PT — EMPG
DHS-FEMA-EMPG-FFY 15
Page 28 of 28 City of Yakima, E16-160
Attachment 1
Award.Letter
Bret Daugherty
Washington Military Department
Building 20
Camp Murray, WA 98430
Re• Grant No. EMW-2015-EP-00028
Dear Bret Daugherty.
U.S. Department of Homeland Security
Washington, D.C. 20472
Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under
the Fiscal Year (FY) 2015 Emergency Management Performance Grants has been approved in the amount of $7,219,265 00
As a condition of this award, you are required to contribute a cost match in the amount of $7,219,265 00 of non -Federal funds,
or 50 percent of the total approved project costs of $14,438,530.00 .
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles (attached to this Award Letter)
• Obligating Document (attached to this Award Letter)
• FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
n order to establish acceptance of the award and its terms, please follow these instructions:
Step 1 Please go on-line to the ND Grants system at https.//portal fema.gov After logging in, you will see a subtitle Grants
Management. Under this subtitle, you will see a link that says Award Package(s). Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
award package for your records
Step 2. Please fill out and have your bank complete and sign the SF 1199A, Direct Deposit Sign-up Form The information on
the 1199A must match your SAM record Be sure to include your DUNS and grant number on the form in Section 1F "Other "
The SF 1199A should be sent directly from your financial institution' to the FEMA Finance Center, via fax or mail to the Vendor
Maintenance Office (see address below) The 1199A form will not be accepted unless it is received directly from the financial
institution Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn Vendor Maintenance
P.O Box 9001
Winchester, VA 22604
Secured Fax: (540) 504-2625
Email FEMA-Finance@FEMA.DHS gov
System for Award Management (SAM) Please ensure that your organization's name, address, DUNS number, EIN, and
banking information are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all
Attachment 1
FEMA awards The System for Award Management is located at http.//www sam gov Future payments will be contingent on
the information provided in the SAM; therefore it is imperative that the information is correct.
If you have any questions or concerns regarding the process to request your funds, please call (866) 927-5646
711
JEFFREY JAMES, Acting Division Director, FEMA Region X
2
Attachment 1
Agreement Articles
2014-10-01 00:00:00.0
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT
NUMBER:
E M W -2015- E P -00028-S 01
TABLE OF CONTENTS
Article I 2015 EMPG HOLD on FUNDS
Article II Acknowledgement of Federal Funding
from DHS
Article III Activities Conducted Abroad
Article IV Age Discrimination Act of 1975
Article V Americans with Disabilities Act of 1990
Article VI Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Article VII Title VI of the Civil Rights Act of 1964
Article VIII Civil Rights Act of 1968
Article IX Copyright
3
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Article X Assurances, Administrative
Requirements and Cost Principles
Article XI Debarment and Suspension
Article XII Drug-Free Workplace Regulations
Article XIII Duplication of Benefits
Article XIV Energy Policy and Conservation Act
Article XV Reporting Subawards and Executive
Compensation
Article XVI False Claims Act and Program Fraud
Civil Remedies
Article XVII Federal Debt Status
Article XVIII Fly America Act of 1974
Article XIX Hotel and Motel Fire Safety Act of 1990
Article XX Limited English Proficiency (Civil Rights Act of
1964, Title VI)
Article XXI Lobbying Prohibitions
Article XXII Non-supplanting Requirement
Article XXIII Patents and Intellectual Property Rights
Article XXIV Procurement of Recovered Materials
Article XXV Contract Provisions for Non-federal Entity
Contracts under Federal Awards
Article XXVI SAFECOM
Article XXVII Terrorist Financing E.O. 13224
Article XXVIII Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX Trafficking Victims Protection Act of 2000
Article XXX Rehabilitation Act of 1973
Article XXXI System of Award Management and Universal
Identifier Requirements
Article XXXII USA Patriot Act of 2001
Article XXXIII Use of DHS Seal, Logo and Flags
Article XXXIV Whistleblower Protection Act
Article XXXV DHS Specific Acknowledgements and
Assurances
Article XXXVI Disposition of Equipment Acquired Under the
Federal Award
Article XXXVII Prior Approval for Modification of Approved
Budget
Article XXXVIII Acceptance of Post Award Changes
4
Attachment 1
Article I - 2015 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100% of the Federal share, $7,219,265 until a 2015
EMPG Work Plan, which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5.00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article II - Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
with Federal funds.
Article III - Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
Article IV - Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et
seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V - Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act,
which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12101-12213).
Article VI - Best Practices for Collection and Use of Personally Identifiable Information (PII)
All recipients who collect PII are required to have a publically-available privacy policy that describes what PII
they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privacy template respectively
Article VII - Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d
et seq.), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6
C.F.R.. Part 21 and 44 C.F.R. Part 7.
Article VIII - Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42
U S.C. § 3601 et seq.),. as implemented by the Department of Housing and Urban Development at 24 C F R.
Part 100 The prohibition on disability discrimination includes the requirement that new multifamily housing
with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all
units in buildings with elevators and ground -floor units in buildings without elevators)—be designed and
constructed with certain accessible features (see 24 C.F.R. § 100.201).
Article IX - Copyright
5
Attachment 1
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of
Government sponsorship (including award number) to any work first produced under Federal financial assistance
awards, unless the work includes any information that is otherwise controlled by the Government
(e g , classified information or other information subject to national security or export control laws or regulations).
Article X - Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances — Non -
Construction Programs Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI - Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud
and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal
government.
Article XII - Drug -Free Workplace Regulations
All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et sea.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS
has adopted the Act's implementing regulations at 2 C.F.R Part 3001
Article XIII - Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons However, this
prohibition would not preclude the non -Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards
Article XIV - Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV - Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1 Applicability Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term)
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http.//www.fsrs gov
ii For subaward information, report no later than the end of the month following the month in
which the obligation was made (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31, 2010.)
3 What to report. You must report the information about each obligating action that the submission
instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if-
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Attachment 1
the total Federal funding authorized to date under this award is $25,000 or more, ii. in the
preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320 (and subawards); and
The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation described in paragraph
b.1. of this award term• i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (To
determine if the public has access to the compensation information, see the U S. Security ,
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total compensation described in
paragraph c 1 of this award term:
To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the
requirements to report:
Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
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Attachment 1
iv A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal
entity
2. Executive means officers, managing partners, or any other employees in management positions.
3 Subaward.
This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB
Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations")
A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
Receives a subaward from you (the recipient) under this award, and ii. Is accountable to
you for the use of the Federal funds provided by the subaward
5 Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipient's preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2))
Salary and bonus
ii. Awards of stock, stock options, and stock appreciation rights Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
Earnings for services under non -equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans
v. Above -market earnings on deferred compensation which is not tax -qualified.
vi Other compensation, if the aggregate value of all such other compensation (e g severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000
Article XVI - False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal
payments shall submit a false claim for payment. See also 38 U S.0 § 3801-3812 which details the
administrative remedies for false claims and statements made.
Article XVII - Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129 and form SF -424B, item number 17 for additional information and guidance
Article XVIII - Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1981, amendment to Comptroller General Decision B-138942.
Article XIX - Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must
ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. §2225
8
Attachment 1
'Article XX - Limited English Proficiency (Civil Rights Act of 1964, Title VI)
;All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
=discrimination on the basis of national origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
and services. Providing meaningful access for persons with LEP may entail providing language assistance
services, including oral interpretation and written translation. In order to facilitate compliance with Title VI,
recipients are encouraged .to consider the need for language services for LEP persons served or encountered in
developing program budgets Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS published the required
+recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg.
21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine
the extent of its obligation to provide language services; selecting language services; and elements of an effective
plan on language assistance for LEP persons. For additional assistance and information regarding language
access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on
http://www.lep.gov.
Article XXI - Lobbying Prohibitions
All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an award
;may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of ;
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal action concerning the award or renewal.
!Article XXII - Non -supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal
"'funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal
'sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be
required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than
;the receipt of expected receipt of Federal funds.
1
lArticle XXIII - Patents and Intellectual Property Rights
!Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended,
land codified in 35 U S C. § 200 et seq. All recipients are subject to the specific requirements governing the
'development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
;awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401 14.
1
I
Article XXIV - Procurement of Recovered Materials
#All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
;guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
;percentage of recovered materials practicable, consistent withmaintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
'fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
;materials identified in the EPA guidelines.
1
i
Article )(XV - Contract Provisions for Non-federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at $150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative,
9
Attachment 1
contractual, or legal remedies in instance where contractors violate or breach contract terms and provide
for such sanctions and penalties as appropriate
b Contracts in excess of $10,000.
All recipients that have contracts exceeding $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be effected and the basis for
settlement.
Article )(XVI - SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII - Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E 0 and laws.
Article XXVIII - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq ), which provides that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving Federal financial assistance Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX - Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government -wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104). This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November
13, 2007 Full text of the award term is located at 2 CFR § 175.15.
Article XXX - Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
794, as amended, which provides that no otherwise qualified handicapped individual in the United States will,
solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance. These requirements pertain
to the provision of benefits or services as well as to employment.
Article XXXI - System of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment, whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you
1 Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its unique entity identifier to you.
2 May not make a subaward to an entity unless the entity has provided its unique entity identifier to
you
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Attachment 1
C. Definitions
For purposes of this award term:
1 System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C.
a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A
foreign public entity;
c. A domestic or foreign nonprofit organization,
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -
Federal entity.
4. Subaward:
a This term means a legal instrument to provide support for the performance of any portion
�f the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see 2 CFR 200.330).
c. A subaward may be provided through any legal agreement, including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
Article XXXII - USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-
175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological
agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose.
Article XXXIII - Use of DHS Seal, Logo and Flags
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags
or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Article XXXIV - Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310
Article XXXV - DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree—and require any sub -recipients, contractors, successors,
transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1 Recipients must cooperate with any compliance review or complaint investigation conducted by
DHS.
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and
other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance
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Attachment 1
3 Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports
4 Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5 If, during the past three years, the recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties.
6 In the event any court or administrative agency makes a finding of discrimination on grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status against the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the complaint and findings to the DHS Component
and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXVI - Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no
longer needed for the original project or program or for other activities currently or previously supported by
DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment
pursuant to 2 C.F.R. § 200 313.
Article XXXVII - Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F R. § 200 308. For awards with an approved budget greater
than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without
prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent (10%) of the total budget DHS/ FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval
Article XXXVIII - Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
made, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail
to ASK-GMD(a�dhs.gov if you have any questions
- 12 -
Obligating Document for Award/Amendment
la. AGREEMENT NO. 2.
EMW-2015-EP-00028-S01 AMENDMENT
NO
3 RECIPIENT NO
916001095G NO.
4 TYPE OF 5 CONTROL NO
ACTION FY2015R1OEMPG
AWARD
6. RECIPIENT NAME AND
ADDRESS
Washington Military
Department
Building 20
Camp Murray, WA, 98430
7 ISSUING FEMA OFFICE AND
ADDRESS
Grant Operations
245 Murray Lane - Building 410, SW
Washington DC, 20528-7000
POC: 866-927-5646
8 PAYMENT OFFICE AND ADDRESS
Financial Services Branch
500 C Street, S.W., Room 723
Washington DC, 20472
9. NAME OF RECIPIENT
PROJECT OFFICER
Sierra Wardell
PHONE NO
(253)
512-7121
10. NAME OF FEMA PROJECT COORDINATOR
Central Scheduling and Information Desk
Phone: 800-368-6498
Email. Askcsid@dhs.gov
To:
09/30/2016
09/30/2016
11. EFFECTIVE DATE OF
THIS ACTION
10/01/2014
12.
METHOD
OF
PAYMENT
PARS
13. ASSISTANCE ARRANGEMENT
Cost Reimbursement
14. PERFORMANCE PERIOD
From:
10/01/2014
Budget Period
10/01/2014
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM
NAME
ACRONYM
CFDA NO.
ACCOUNTING DATA
(ACCS CODE)
XXXX-XXX-
XXXXXXXXXXX-XXXX-
XXXX-X
PRIOR
TOTAL
AWARD
AMOUNT
AWARDED
THIS
ACTION
+ OR (-)
CURRENT
TOTAL
AWARD
CUMULATIVE NON -
FEDERAL
COMMITMENT
Emergency
Management
Performance
Grants
97.042
2015 -EM -D111-8107-
4101-D:FY2015R1 OEMPG
$ 7,219,265.00
$0.00
$7,219,265.00
$7,219,265.00
$7,219,265.00
TOTALS
$0 00 $7,219,265.00.$7,219,265.00
57,219,265.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS
DOCUMENT TO FEMA (See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients
should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS. RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) { DATE
Bret Daugherty, The Adjutant General 109/22/2015
18. FEMA SIGNATORY OFFICIAL (Name and Title)
KIMBERLY PENFOLD , Assistance Officer
DATE
09/14/2015
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations
• Contact Information
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply).
Subrecipient Name (Agency, Local Government, or Organization): City of Yakima
■ We are a for-profit agency
Authorized Chief Financial Officer (central accounting office): Cindy Epperson
• We are exempt for other reasons (describe):
Address. 129 North Front Street, Yakima, WA 98901
SECTION B: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
Email. Cindy.Epperson@yakimawa.gov Phone #: (509)
575-6070
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 -specific 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 all that apply).
■ We did not expend $750,000 or more of total federal awards during the fiscal year
■ We are a for-profit agency
• We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in
which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds
SECTION B: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
(Complete the.information below and check the appropriate box) .
■ We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] There
were no findings related to federal awards from WMD/EMD No follow-up action is required by WMD/EMD as the pass-through entity
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is
either provided electronically to contracts.office(a)mil.wa.nov or provide the state auditor report number
We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] 30 for Fiscal Year ending [enter date] ],7i3i/l( There
were findings related to federal awards. i
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either
provided electronically to contracts.officet mil.wa.gov or provide the state auditor report number: 1D[ c. 15—
• Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending
[enter date]. We will provide electronic copy of the audit report to contracts.office(a)mil.wa.gov at that time or
provide the state auditor report number
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.
Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award
funds from the Department until the grant agreement is closed.
Signature of Authorized Chief Financial Officer:
Print Name & Title: Cindy Epperson, Finance Director
Date: 3/1q110
WMD Form 1009-13, 8/19/2013, Updated 9/9/2015
Washington Military Department Contract Number E16-160
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME
City of Yakima
Doing business as (DBA)
Yakima Fire Department
ADDRESS
401 North Front Street
Yakima, WA 98901
Applicable Procurement
or Solicitation #, if any:
WA Uniform
Identifier (UBI)
Business
Federal Employer Tax
Identification #
91-6001293
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1
By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below
2 The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3 The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated
6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity
9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature
Print Name and Title. Bob Stew
rt, Chief, Y4klma Fire Department
Date ����
Washington Military Department Contract Number El6-160
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have.
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a "lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
FFATA FORM
Subrecipient Agency. City of Yakima
Grant and Year. EMPG 2015
Agreement Number. E16-160
Completed Bob Stewart Chief, Yakima Fire Departmu (509)575-6060
Name Title Telephone
Date Completed
STEP 1
Is your grant agreement less than $25,000?
YES
STOP, no further
analysis needed,
GO to Step 6
NO
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
i
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
STEP 5
E• xecutive #1
Name.
Total Compensation amount: $ ;
Executive #2
Name.
Total Compensation amount: $
Executive #3'
Name.
Total Compensation amount: $ ,
Executive #4
Name.
Total Compensation amount: $
Executive #5
Name.
,Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization For Example. "Our organization received less than $25,000."
Our organization receives less than 80% of its annual gross revenues from federal funding
4 A
Signature.
Total compenstion refers t
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
/r4,,
Date 0
Additional Resources
httpl/www.whitehouse.gov/omb/open
http.//www.hrsa.gov/grants/ffata.html
http.//www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http.//www.grants.gov/
Page 1 of 3
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
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.
The FFATA requires the OMB to estabhsh 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.
For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater
than $25,000, reporting of the subaward and executive compensation information is required.
If the initial subaward is below $25,000 but subsequent grant modifications result in a total
subaward equal to or over $25,000, the subaward will be subject to the reporting requirements
as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000
but funding is subsequently de -obligated such that the total award amount falls below $25,000,
the subaward continues to be subject to the reporting requirements of the Transparency Act
and OMB Guidance.
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 pnme grant awardee, all
information required for FFATA comphant 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.
Page 2 of 3
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 and re-entry required by both WMD and
your organization. It will also reduce the potential of inconsistent or inaccurate data entry.
Your organization must have a Data Universal Numbenng 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.
The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
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
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.
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 penodic reports filed under
section 13(a) or 15(d) of the Secunties and Exchange Act of 1934 (15 U.S.0 §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation
for the five most highly compensated officers of your organization in the table below
Page 3 of 3
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
City of Yakima
DATE SUBMITTED
PROJECT DESCRIPTION
EMPG Grant Agreement Number E16-160
CONTRACT NUMBER
E16-160
1. AUTHORIZING AUTHORITY
SIGNATURE
PRINT OR TYPE NAME
TITLE/TERM OF OFFICE
Jeff Cutter
Interim City Manager
Bob Stewart
Chief, Yakima Fire Department
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
,SIGNATURE
PRINT OR TYPE NAME
TITLE
Bob Stewart
Chief, Yakima Fire Department
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGN ' TURE
,._4).
PRINT OR TYPE NAME
Bob Stewart
TITLE
Chief, Yakima Fire Department
\\NAC-1\VOL1\HOME\KARENB\. \WP\SIGNAUTH Revised 3/03
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.
1 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.
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.
N
m
rn
t0
a
c
0
oc
0
C N
•C E
ao
v
mD
a
til
0
0)
1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank.
City of Yakima
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:
❑ IndividuaVsole proprietoror 0 C Corporation 0 S Corporation D Partnership 0 Trust/estate
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ►
Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for
the tax classification of the single -member owner
Q Other(see instructions) ► Local Government
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code if any)
Exemption from FATCA reporting
code (if any)
f4pptes to accounts maintained outsWe the U.S.)
5 Address (number, street, and apt. or suite no.)
129 N 2nd Street
6 City, state, and ZIP code
Yakima, WA 98901
Requester's name and address (optional)
7 List account number(s) here (optional)
Part I
Taxpayer Identification 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
•Social security number
or
Employer identification number
9
1
6
0
0
1
2
9
3
Part II
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) l 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 retum. 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 divide s, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sin
Here /1 ,/ Date ► 6/1/020(5
/020%S
Signature
U.S. perso ►
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 maybe your social security number (SSN), individual taxpayeridentification
number (ITIN), adoption taxpayer identification number (ATIN), or employer
Identification number (EIN), to report on an information retum the amount paid to
you, or other amount reportable on an information retum. Examples of information
retums include, but are not limited to, the following:
• Form 1099 -INT (interest eamed 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 1099-0 (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)