HomeMy WebLinkAboutRegular Council Agenda Packet - 28 Oct 2013 - Agenda - PdfAGENDA
RENTON CITY COUNCIL
REGULAR MEETING
October 28, 2013
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PUBLIC HEARING
a. Maertins Annexation - 60% Direct Petition to Annex and zoning for 4.2 acres located south of NE
16th St., west of 145th Pl. SE, and north of SE Renton Issaquah Rd
4.ADMINISTRATIVE REPORT
5.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one-half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot
measure or candidate in City Hall and/or during any portion of the council meeting, including
the audience comment portion of the meeting, is PROHIBITED.
6.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 10/21/2013. Council concur.
b. City Clerk reports bid opening on 10/17/2013 for CAG-13-177; Will Rogers - Wiley Post Seaplane
Base Maintenance Dredging project; five bids; engineer's estimate $1,098,394.50; and submits
staff recommendation to award the contract to the low bidder, American Construction Co., Inc.,
in the amount of $575,313. Council concur.
c. City Clerk reports bid opening on 10/22/2013 for CAG-13-178; Misty Cove Lift Station
Replacement project; eight bids; engineer's estimate $729,599; and submits staff
recommendation to award the contract to the low bidder, Gary Harper Construction, Inc. in the
amount of $820,877.70. Council concur.
d. Community and Economic Development Department submits the City Center Community Plan
Advisory Board Annual Report for review and approval. Refer to Planning & Development
Committee.
e. Fire and Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to accept Department of Homeland Security Emergency
Management Performance Grant funds in the amount of $96,967 to support the emergency
management program; and recommends adjusting the budget as necessary. Council concur.
Page 1 of 59
7.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Committee of the Whole: Supported Employment for Workers with Developmental Disabilities
8.RESOLUTIONS AND ORDINANCES
Ordinance for second and final reading:
a. Amending nuisance definitions, code amendment (1st reading 10/21/2013)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.)
10.AUDIENCE COMMENT
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
October 28, 2013
Monday, 5:30 p.m.
Supported Employment for Workers with Developmental Disabilities;
2013/2014 Mid-Biennium Budget Adjustment
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 59
3a. - Maertins Annexation - 60% Direct
Petition to Annex and zoning for 4.2 acres Page 3 of 59
3a. - Maertins Annexation - 60% Direct
Petition to Annex and zoning for 4.2 acres Page 4 of 59
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Contract Award for Bid Opening on 10/17/2013;
CAG-13-177; Will Rogers - Wiley Post Memorial
Seaplane Base Maintenance Dredging Project
Meeting:
Regular Council - 28 Oct 2013
Exhibits:
Staff Recommendation
Bid Tab (five bids)
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, ext. 6502
Recommended Action:
Council concur.
Fiscal Impact:
Expenditure Required: $ 575,313.00 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ 1,256,790 City Share Total Project: $
SUMMARY OF ACTION:
Engineer's Estimate: $1,098,394.50
In accordance with Council procedure, bids submitted at the subject bid opening met the following three
criteria: There was more than one bid, the low bid was within total project budget, and there were no
irregularities with the low bid. Therefore, staff recommends accepting the low bid submitted by
American Construction Co., Inc. in the amount of $575,313.00 for the Will Rogers - Wiley Post Seaplane
Base Maintenance Dredging project.
STAFF RECOMMENDATION:
Accept the low bid from American Construction Co., Inc. in the amount of $575,313.00 for the Will
Rogers - Wiley Post Seaplane Base Maintenance Dredging project and authorize the Mayor and City
Clerk to sign.
6b. - City Clerk reports bid opening on
10/17/2013 for CAG-13-177; Will Rogers -Page 5 of 59
6b. - City Clerk reports bid opening on
10/17/2013 for CAG-13-177; Will Rogers -Page 6 of 59
6b. - City Clerk reports bid opening on
10/17/2013 for CAG-13-177; Will Rogers -Page 7 of 59
6b. - City Clerk reports bid opening on
10/17/2013 for CAG-13-177; Will Rogers -Page 8 of 59
6b. - City Clerk reports bid opening on
10/17/2013 for CAG-13-177; Will Rogers -Page 9 of 59
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Contract Award for Bid Opening on 10/22/2013;
CAG-13-178; Misty Cove Lift Station Replacement
Project
Meeting:
Regular Council - 28 Oct 2013
Exhibits:
Staff Recommendation
Bid Tab (eight bids)
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk, ext. 6502
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 820,877.70 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ 1,200,000 City Share Total Project: $
SUMMARY OF ACTION:
Engineer's Estimate: $729,599.00
In accordance with Council procedure, bids submitted at the subject bid opening met the following three
criteria: There was more than one bid, the low bid was with the total project budget, and there were no
irregularities with the low bid. Therefore, staff recommends accepting the low bid from Gary Harper
Construction, Inc. in the amount of $820,877.70 for the Misty Cove Lift Station Replacement project.
STAFF RECOMMENDATION:
Accept the low bid from Gary Harper Construction, Inc. in the amount of $820,877.70 for the Misty Cove
Lift Station Replacement project.
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 10 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 11 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 12 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 13 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 14 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 15 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 16 of 59
6c. - City Clerk reports bid opening on
10/22/2013 for CAG-13-178; Misty Cove Page 17 of 59
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
City Center Community Plan Advisory Board
Annual Report
Meeting:
Regular Council - 28 Oct 2013
Exhibits:
Draft City Center Community Plan Advisory Board
Annual Report 2013
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Angie Mathias, x 6576
Recommended Action:
Refer to the Planning and Development
Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City Center Community Plan Advisory Board has been meeting for approximately one year. They
have worked diligently at developing an understanding of City functions, other related plans, and the
goals and implementation strategies within the adopted City Center Community Plan. The Board opted
to meet with increased regularity in order to maintain consistency and momentum as they undertake
the responsibility of advocating and assisting in the fulfillment of the Plan. Their first accomplishment
was to make recommendations regarding their priorities for work to be done from the goals and
implementation strategies within the Plan. Those six priorities were presented to the Planning and
Development Committee for consideration and the Committee recommended that staff move forward
with work programs for all six priorities. In compliance with the adopted bylaws of the Advisory Board,
the City Center Advisory Board presents its 2013 annual report.
STAFF RECOMMENDATION:
Refer to the Planning and Development Committee for presentation of the 2013 Annual Report by City
Center Community Plan Advisory Board members at the November 4, 2013 Planning and Development
Committee Meeting.
Following review of the Planning and Development Committee, Council schedule for presentation to the
Committee of the Whole.
6d. - Community and Economic
Development Department submits Page 18 of 59
City Center
Community Plan
Advisory Board
Annual Report
2013
6d. - Community and Economic
Development Department submits Page 19 of 59
Board Function and
Responsibilities
2
Annually make advisory recommendations to the Mayor, City
Council, Planning Commission, Parks Commission, and City staff
regarding priorities for goals, objectives, and/or
implementation strategies of the Community Plan.
Study, advise, and hold public meetings regarding fulfillment of
and priorities for the Community Plan.
Provide a forum that will encourage input concerning the
Community Plan from citizens, property owners, business
leaders, and other community leaders for reviewing and
prioritizing the goals, objectives, and/or implementation
strategies of the Plan.
Advocate and assist in the fulfillment of the Community Plan.
Advise and recommend to the Planning Commission, via City
staff, updates to the Community Plan. The Board shall serve as
stewards of the Community Plan for which they are serving.
Renton’s City Center. . .
Annually provide a report regarding the
accomplishment of goals, objectives, and/or
implementation strategies from the adopted
Community Plan. The report shall inform the
public of the progress and fulfillment of the
Community Plan.
6d. - Community and Economic
Development Department submits Page 20 of 59
2013 Getting Started - Breaking New Ground
The City of Renton's first ever advisory board to be charged with
the stewardship of a community plan began their work in spring
last year. The Board quickly elected to meet once every two
months, rather than quarterly as initially conceived. It was felt
that more regular meetings would provide more continuity and
allow more work to get done. The Board set off on learning
about all of the plans the City has adopted, such as the Parks,
Recreation, and Natural Areas Plan, Museum Master Plan, and
Transportation Improvement Plan, and about how they pertain
to and interface with the City Center Community Plan. Learning
about City work and functions continues as the Board develops a
good understanding of how the City Center Community Plan
implementation fits into the daily business of the City.
3
Advisory Board Work
Of the approximately
24 short-term goals,
the Board
recommended six of
them as work
program priorities for
2013-14.
The Board spent time developing an understanding of implications of each of the
short term goals and the implementation strategies that are listed in the adopted
City Center Community Plan. Then, with this knowledge, they prioritized the short
term goals and made their recommendations for the top priorities of the City Center
Community Plan for 2013; three items tied for third. (Priorities with summaries are
listed starting on page 4.) The Board recognized the value in having a positive impact
in the short term, but also that the Plan is intended to be implemented over a 20
year horizon and struck a balance between strategies that will have more immediate
impact and those that lay groundwork for changes that will be occur over time.
Staff took the recommendations to the Council Planning and Development
Committee, as well as the Interdepartmental Team. Council recommended that
work be commenced on all of the Board’s recommendations. Staff will work on
some of the items, while others will be completed by a consultant. Work on many of
the items has begun and is anticipated to be completed within approximately one
year.
6d. - Community and Economic
Development Department submits Page 21 of 59
2013 Priorities
Update existing design standards for the City
Center to ensure new development will fulfill the
vision.
An update to design standards that apply to the
different sub-areas within City Center will help to
ensure new development fulfills the vision of a more
attractive, cohesive, and vibrant City Center.
Particular attention will be given to design standards
for infill development and for transition areas
between zones.
4
Create cohesive urban design standards for the public realm that include
standards for gateways, wayfinding, street trees, street lighting, pedestrian-
scaled lighting, landscaping, street furniture, utilities, and public art.
Standards for the public areas will help create a distinct look for the City Center.
There may be different standards for each area within the City Center, but they
should complement each other to create a cohesive look for the City Center. The
existing Downtown wayfinding system will be incorporated and standards will help
establish a pattern for the community.
6d. - Community and Economic
Development Department submits Page 22 of 59
2013 Priorities
Initiate a sidewalk café case study and
develop tailored regulations to
encourage sidewalk cafes in Downtown.
Sidewalk cafes can help to foster a
Downtown that is vibrant. Pedestrian
activity is encouraged with sidewalk cafes.
Increased activity in Downtown could serve
as a significant catalyst for the Downtown by
making . Sidewalk cafes could also help to
encourage new opportunities that would
attract people and businesses to the City
Center.
5
The Board struck a
balance between
strategies that will
have more
immediate impact
and those that lay
groundwork for
changes that will
occur over time.
Consider rezoning the intact, single-family area of the South Renton
neighborhood.
The South Renton neighborhood is currently zoned for high-density multi-family, but
there are areas of strong, cohesive single-family neighborhoods that should be
preserved. Rezoning this area to single-family zoning may help spur by removing
some of the uncertainty single-family homeowners might have based on potential
development types and intensities that could occur in their neighborhood.
Rezoning may also lessen property speculation that may be occurring.
6d. - Community and Economic
Development Department submits Page 23 of 59
2013 Priorities
Complete a conceptual plan for the civic
node.
Significant public investment has already been
made in the concentration of civic activities
including Liberty Park, King County Library
System (KCLS) Main Renton Library, History
Museum, and Cedar River. The node should
highlight and make visible this concentration of
civic activities and emphasize that this is a
significant crossroads connecting the north and
south City Center areas. A plan to create a
dynamic civic activity node in Downtown will
help to identify ways to improve access,
circulation, and visibility.
6
Establish priority bicycle improvements
consistent with the Trails and Bicycle
Master Plan within City Center subarea.
Bicycle travel could also provide more vitality
into the City Center. There are several regional
trails nearby and improved bike connections
could encourage more bicycle visitors to the
area, as well as improve transportation options
for residents within City Center. This work will be
done through the Community Services
Department update to the Trails and Bicycle
Master Plan and could include the definition of
the criteria used to prioritize improvements. A
matrix of projects versus criteria that ranks each
project would be a helpful tool.
6d. - Community and Economic
Development Department submits Page 24 of 59
Next Steps
7
2014 Continuing Efforts – Moving Forward
The City Center Community Plan Advisory Board
will continue to monitor progress on the work
programs that have been developed based on the
2013 priorities.
As consultants and City staff work on the 2013
priorities, the Board will serve as key stakeholders
representing the City Center community and will
provide essential feedback at key intervals.
Developing more knowledge of City processes and
functions will be an ongoing initiative for the Board.
They will also continue to develop improved
knowledge and understanding of the supportive
information related to the goals and
implementation strategies within the City Center
Plan.
The next major initiative of the Board is to prioritize
the middle and long term goals. This will be a
deliberative process involving a substantial
commitment to developing a full understanding of
each goal and implementation strategy.
Advisory Board
Members
Chris Aird
Doug Baugh
Angelina
Benedetti
Michael Bowman
George Daniels
Nancy Eklund
Ray Giometti
Jerry Kavesh
Shasta McKinley
Mike O'Donin
Dana Rochex
Francine Siverts
James Stanek
Kim Sweet
Rodney Swift
Suzanne
Thompson
(1943-2013)
Sybil Turner
Brian VanHouten
6d. - Community and Economic
Development Department submits Page 25 of 59
6d. - Community and Economic
Development Department submits Page 26 of 59
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
2013 Emergency Management Program Grant
(EMPG) Contract E14-077
Meeting:
Regular Council - 28 Oct 2013
Exhibits:
Issue Paper
2013 EMPG Contract E14-077
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Tami Dauenhauer, Admin Sec I, x7053
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ $35,000.00 Revenue Generated: $$96,967.00
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The purpose of the Emergency Management Performance Grant (EMPG) is to improve local
emergency management programs. The EMPG provides supplemental funding to support the key
components of a comprehensive national emergency management system for disasters and
emergencies. Grant funds will be expended during FY2013, per requirements of the EMPG. Of the
$96,967.00 grant amount, $35,000.00 is already included in the budget. Therefore, a budget
adjustment of the $61,967.00 difference is needed to reflect the actual grant amount awarded.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract
E14-077 and approve the budget adjustment.
6e. - Fire and Emergency Services
Department recommends approval of an Page 27 of 59
FIRE & EMERGENCY SERVICES DEPARTMENT
M E M O R A N D U M
DATE:October 28, 2013
TO:Randy Corman, Council President
Members of the City Council
VIA:Denis Law, Mayor
FROM:Mark Peterson, Fire Chief/Emergency Services Administrator
STAFF CONTACT:Deborah Needham, Emergency Management Director
SUBJECT:2013 Emergency Management Performance Grant (EMPG)
ISSUE
The purpose of the EMPG is to assist in the development, maintenance and
improvement of local emergency management programs.
RECOMMENDATION
Staff recommends that the City of Renton Council concur and authorize the Mayor and
City Clerk to sign and execute the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG)
Contract #E14-077.
BACKGROUND
The EMPG provides supplemental funding to support key components of a
comprehensive national emergency management system for disasters and emergencies.
Although EMPG funding is relatively stable the amount cannot be guaranteed. The City
can reasonably expect a minimum of $35,000, which was anticipated as revenue and
reflected in the 2013 budget. An additional $61,967 was ultimately granted, bringing the
total award for the 2013 EMPG to $96,967.00.
CONCLUSION
The City of Renton’s Emergency Management capabilities would be greatly enhanced by
the approval of the 2013 Emergency Management Performance Grant (EMPG), Contract
#E14-077.
6e. - Fire and Emergency Services
Department recommends approval of an Page 28 of 59
DHS-FEMA-EMPG-FFY 13 Page 1 of 28 «Jurisdiction», E14-077
Form 10/27/00 kdb
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address:
City of Renton OEM
1055 S Grady Way
Renton, WA 98057-3232
2. Grant Agreement Amount:
$96,967
3. Grant Agreement Number:
E14-077
4. Sub-grantee Contact, phone/email:
Tami Dauenhauer, 425-430-7053
em@rentonwa.gov
5. Grant Agreement Start Date:
June 1, 2013
6. Grant Agreement End Date:
August 31, 2014
7. Department Program Manager, phone/email:
Sierra Wardell, 253-512-7121
sierra.wardell@mil.wa.gov
8. Data Universal Numbering System (DUNS):
092278894
9. UBI # (state revenue):
177-000-094
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”) and the U.S. Department of Homeland Security (DHS)
11. Funding Source Agreement #:
EMW-2013-EP-00050-S01
12. Program Index # & OBJ/SUB-OJ
733PT NZ
13. CFDA# & Title:
97.042 EMPG
14. TIN:
91-6001271
15. Service Districts:
(BY LEGISLATIVE DISTRICT): 5,11,37,41,47
(BY CONGRESSIONAL DISTRICT): 8,9
16. Service Area by County(ies):
King County
17. Women/Minority-Owned, State
Certified?: X N/A NO YES, OMWBE #_________
18. Agreement Classification
Personal Services Client Services X Public/Local Gov’t
Collaborative Research A/E Other________
19. Contract Type (check all that apply):
Contract X Grant X Agreement
Intergovernmental (RCW 39.34) Interagency
20. Sub-Grantee Selection Process:
X “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO _______
21. Sub-Grantee Type (check all that apply)
Private Organization/Individual For-Profit
X Public Organization/Jurisdiction Non-Profit
VENDOR X SUBRECIPIENT OTHER
22. PURPOSE:
Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to
local jurisdictions and tribes with emergency management programs to support and enhance those programs as
described in the Work Plan.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all
referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and
Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and
attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the
rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of
this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the grant agreement incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Dan Swisher, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file) 9/16/2013
Assistant Attorney General
FOR THE APPLICANT:
__________________________________________
Signature Date
Denis Law, Mayor
Attest:
__________________________________________
Signature Date
Bonnie I. Walton, City Clerk
APPROVED AS TO FORM (if applicable):
__________________________________________
Applicant’s Legal Review Date
6e. - Fire and Emergency Services
Department recommends approval of an Page 29 of 59
DHS-FEMA-EMPG-FFY 13 Page 2 of 28 «Jurisdiction», E14-077
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUB-GRANTEE MILITARY DEPARTMENT
Name Deborah Needham Name Gary Stumph
Title Emergency Management Director Title Program Coordinator
E-Mail dneedhan@rentonwa.gov E-Mail gary.stumph@mil.wa.gov
Phone 425-430-7027 Phone 253-512-7483
Name Mindi Mattson Name Olivia Hollowwa
Title EM Coordinator Title Program Coordinator
E-Mail mmattson@rentonwa.gov E-Mail olivia.hollowwa@mil.wa.gov
Phone 425-430-7041 Phone 253- 512-7149
Name Tami Dauenhauer Name Sierra Wardell
Title Administrative Secretary Title Program Manager
E-Mail em@rentonwa.gov E-Mail sierra.wardell@mil.wa.gov
Phone 425-430-7053 Phone 253-512-7121
ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations.
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: “Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons.” However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards in accordance with
6e. - Fire and Emergency Services
Department recommends approval of an Page 30 of 59
DHS-FEMA-EMPG-FFY 13 Page 3 of 28 «Jurisdiction», E14-077
existing program agreements. Non-governmental entities are also subject to this prohibition
per 2 CFR Parts 220 and 230 and 48 CFR Part 31.2.
5. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance
referenced in the “FY 2013 Emergency Management Performance Grants (EMPG)
Program, Funding Opportunity Announcement (FOA)”, which can be found at
http://www.fema.gov/preparedness-non-disaster-grants and are hereby incorporated in
and made a part of this Agreement.
6. The Sub-grantee shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and
complete and return to the Department Attachment #1 attached to and made a part of this
Agreement.
ARTICLE III – REIMBURSEMENT/INVOICING PROCEDURES
1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement
amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other
goods and services or other budget categories will be reimbursed on an actual cost basis
unless otherwise provided in this Grant Agreement. Any travel or subsistence
reimbursement allowed under the Grant Agreement shall be paid in accordance with rates
set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall
not exceed federal maximum rates set forth at http://www.gsa.gov without prior written
approval by Department key personnel.
2. Receipts and/or backup documentation for any approved budget line items including travel
related expenses that are authorized under this Grant Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department, and local, state,
or federal auditors.
3. The Sub-grantee will submit reimbursement requests to the Department by submitting a
properly completed State A-19 Invoice form and reimbursement spreadsheet (in the format
provided by the Department) detailing the expenditures for which reimbursement is sought.
Reimbursement requests must be submitted to HLS.Reimbursements@mil.wa.gov at least
quarterly but not more frequently than monthly.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor’s
invoice and packing slip or a statement signed and dated by the Sub-grantee’s
authorized representative that states “all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements”.
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement.
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ARTICLE IV – REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the Department’s key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle’s Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
3. Additionally, in conjunction with the final report , the Sub-grantee shall submit a separate
report detailing how the Exercise and Training requirements were met for all personnel
funded in any part through any source of funding under this Agreement
ARTICLE V – EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee’s equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturer’s serial number, model number, or other identification number;
the source of the equipment, including the Catalogue of Federal Domestic Assistance
(CFDA) number; who holds 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.
4. Records for equipment shall be retained by the Sub-grantee for a period of six years from
the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-grantee until all litigation, claims, or audit findings involving the records have been
resolved.
5. The Sub-grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
6. The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated
and a report generated and sent to the Department.
7. If the Sub-grantee is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return.
8. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
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a. Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-recipients who receive pass-through funding from this Grant
Agreement.
10. Allowable equipment categories for the FY 2013 EMPG program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
in seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI – ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA’s Environmental and Historic
Preservation (EHP) Program.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers,
physical security enhancements, new construction, renovation, or modification to buildings
or structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII – PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13.36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee’s award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee’s sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors’ sole source justifications.
ARTICLE VIII – SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the Department’s monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations. As a subrecipient of federal financial assistance under Circular A-133, the
Sub-grantee shall complete and return to the Department Attachment #2 “OMB Circular A-
133 Audit Certification Form” with the signed Grant Agreement and each fiscal year
thereafter until the Grant Agreement is closed, which Form is incorporated in and made a
part of this Agreement.
2. Monitoring activities may include, but are not limited to:
a. review of performance reports;
b. monitoring and documentation the completion of Grant Agreement deliverables;
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c. documentation of phone calls, meetings, e-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e. observation and documentation of Grant Agreement related activities, such as
exercises, training, funded events and equipment demonstrations;
f. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX – NIMS COMPLIANCY
1. 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.
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, organizing, equipping, training and exercising needed to build
and sustain the core capabilities in support of the National Preparedness Goal.
2. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2013 must be met.
ARTICLE X – EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY13 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes, which have emergency management programs, to
supplement their local/tribal operating budgets. Each jurisdiction or tribe that applied and
met the qualifications specified in WAC 118-09 regarding emergency management
assistance funds was awarded a sub-grant based on the size of their agency’s emergency
management operating budget. Funds will be used by local jurisdictions and tribes to
enhance their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee’s application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $96,967 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be reasonable, allowable, allocable, and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track, and document match.
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5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY13
EMPG Program. All personnel funded in any part through any source of funding under this
Agreement shall participate in no less than three exercises in a 12-month period.
7. All personnel funded in any part through any source of funding under this Agreement shall
complete the following training requirements and record proof of completion: NIMS Training
IS 100, IS 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.
8. Cumulative changes to budget categories in excess of 10% of the Grant Agreement
amount will not be reimbursed without prior written authorization from the Department. In
no case shall the total budget amount exceed the Grant Agreement amount. Budget
categories are as specified or defined on the budget sheet of the contract. Any changes to
budget categories other than in compliance with this paragraph will not be reimbursed.
9. As a recipient of federal financial assistance under this Agreement, the Sub-grantee shall
comply with all applicable state and federal statutes, regulations, executive orders, and
guidelines, including but not limited to the following:
a. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to nondiscrimination, including but not limited to the following: (a)
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) which
prohibits discrimination on the basis of race, color or national origin; (b) the Civil
Rights Act of 1968 (42 U.S.C. 3601), 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; (c) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C §§1681 et seq.), which prohibits discrimination on the basis
of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C
§794), which prohibits discrimination on the basis of disability; (e) the Age
Discrimination Act of 1975, as amended (42 U.S.C §§6101 et seq.), which prohibits
discrimination on the basis of age; (f) the Fair Housing Amendments Act of 1988,
as amended (42 U.S.C. §§3601 et seq.), relating to nondiscrimination in the sale,
rental or financing of housing; (g) the Americans with Disabilities Act, as amended
(42 U.S.C. §§ 12101-12213) which prohibits discrimination on the basis of disability;
and (h) Executive Order 13166 Improving Access to Services for Persons with
Limited English Proficiency.
b. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to environmental and historical preservation, including but not
limited to the following: (a) the Coastal Wetlands Planning, Protection and
Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq.), Executive Order
11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C.
§7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387)
and Executive Order 11738; (c) floodplains management pursuant to EO 11988, as
amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L. 92-
583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as
amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended
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(PL 93-523); (f) the Endangered Species Act of 1973, as amended (PL 93-205); and
(g) the National Historic Preservation Act, as amended (PL 89-665, 16 U.S.C. §470
et seq.) and 36 CFR Part 800.
c. The Drug-Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2 CFR
3001, 44 CFR Part 17).
d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22
U.S.C. §7104) and 2 CFR §175.
e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of
research, and the requirements in DHS Directive 026-04.
f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131
et. seq.).
g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968,
as amended (42 U.S.C. §4001 et seq.).
h. The USA Patriot Act of 2001, as amended (18 U.S.C. §§175-175c).
i. The Fly America Act of 1974, as amended (49 U.S.C. §40118) and the interpretive
guidelines issued by the Comptroller General of the United States March 31, 1981,
amendment to Comptroller General Decision B138942.
j. The False Claims Act (FCA) (31 U.S.C. § 3729).
k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring
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 Control Act of 1974, 15 U.S.C. §2225.
10. The Sub-grantee must obtain DHS 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.
11. The Sub-grantee must comply with any Federal requirements to acknowledge 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.
12. If, during the past three years, the Sub-grantee 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 Sub-grantee must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to the Department for forwarding to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties. 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 Sub-grantee,
or the Sub-grantee settles a case or matter alleging such discrimination, the Sub-grantee
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.
13. The Sub-grantee must ensure that any 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.
14. If the Sub-grantee collects personally identifiable information (PII), the Sub-grantee must
have a publically-available policy that describes what PII is collected, how the PII is used,
whether the PII is shared with third parties, and how individuals may have their PII
corrected as necessary.
15. The Sub-grantee and any of its sub-recipients are required to be non-delinquent in
repayment of any Federal debt.
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Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department” means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term “Sub-grantee” and “Contractor” may be used
interchangeably in this Agreement.
c. “Sub-grantee Agent” means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. “Grantee” means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. “Monitoring Activities” means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. “Investment Justification” means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. “PL” – is defined and used herein to mean the Public Law.
h. “CFR” – is defined and used herein to mean the Code of Federal Regulations.
i. “OMB” – is defined and used herein to mean the Office of Management and Budget.
j. "WAC” – is defined and used herein to mean the Washington Administrative Code.
k. "RCW" – is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $500,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to
have a single or a program-specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A-133-Audits of States, Local Governments,
and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities
that spend less than $500,000 a year in federal awards are exempt from federal audit
requirements for that year, except as noted in Circular A-133. As defined in Circular A-
133, the term “non-federal entity” means a State, local government, or non-profit
organization, and the term “State” includes Indian tribes. Circular A-133 is available on
the OMB Home Page at http://www.omb.gov.
SUB-GRANTEES that qualify as subrecipients 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
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Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement. The SUB-GRANTEE has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A-133, to include the Washington State
Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE’s fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department’s sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE “ADA” 28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the System for Award Management (http://www.sam.gov) maintained by the federal government.
The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party
on the Washington State Department of Labor and Industries’ “Debarred Contractor List”
(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 10 CFR Part 601, the Sub-grantee 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 Sub-grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
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continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the Sub-grantee will complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions; (3) and that, as applicable, the Sub-grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no ot her official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
A.10 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT
POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE’s or its contractor’s noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
A.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
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
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.
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A.12 DISPUTES
Except as otherwise provided in this contract, 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 Contractor 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 Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-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 and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
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Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.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 SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and
Modifications” to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.17 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.18 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.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 Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.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.
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A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT’s name is mentioned or language used from which the connection of the
DEPARTMENT’s name may, in the DEPARTMENT’s judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA’s financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.25 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the “records”).
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
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A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys’ fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-contractors or sub-recipients must contain the following
provisions regarding procurement, per 44 CFR Part 13.36(i):
1. Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2. Termination for cause and for convenience by the grantee or sub-grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of $10,000).
3. Compliance with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal
Employment Opportunity,’’ as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub-grantees).
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4. Compliance with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction or repair).
5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub-grantees when required by Federal
grant program legislation).
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers).
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the sub-grantee, the Federal grantor 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.
11. Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of
amounts in excess of $100,000).
13. 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).
The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans
and documents, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub-
Grantee 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 Sub-Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
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for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS’s Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT’s discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE’s liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
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The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE’s control, fault or negligence,
the termination shall be deemed to be a “Termination for Convenience”.
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in the
notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment
and/or facilities in relation to this Grant Agreement except as may be necessary for
completion of such portion of the work under the Grant Agreement as is not
terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed
by the DEPARTMENT, all of the rights, title, and interest of the SUB-GRANTEE
under the orders and sub-contracts so terminated, in which case the DEPARTMENT
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has the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and sub-contracts, with the approval or ratification of the DEPARTMENT to the
extent the DEPARTMENT may require, which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to
the extent directed by the DEPATMENT any property which, if the Grant Agreement
had been completed, would have been required to be furnished to the
DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by
the DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for
the protection and preservation of the property related to this Grant Agreement which
is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or
may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by, the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
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Exhibit C
FFY13 Emergency Management Performance Grant
WORK PLAN
Emergency Management Agency City of Renton
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs. Activities conducted using EMPG funding should relate directly to the 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.
ACTIVITY
#
1 Emergency Management Activity:
Public and Private Services and Resources
Core Capability Public and Private Services and Resources
General Plan for 13EMPG:
Work with local Community Organizations Active in Disasters (COAD) doing recruitment of members
and leveraging private sector and nonprofit resources for disaster response and recovery. Provide
supportive training for private/non-profit sector members on their roles. Develop/revise databases to
increase functionality. Conduct COAD communication exercise to test COAD operational plan.
Provide support for AmeriCorps member to serve (COAD is a major assignment).
2 Emergency Management Activity:
Communications
Core Capability Public Information and Warning
Operational Communications
General Plan for 13EMPG:
Renew services for emergency notification service. Update emergency notification databases. Revise
procedures and provide training for authorized users of emergency notification system. Initiate RFP
process for new system in 2014. Expand amateur radio network to add antenna/repeater. Purchase
additional supplies and equipment to maintain amateur radio capability. Conduct outreach to specific
language populations to increase awareness of public information messaging avenues.
Expand/improve EM web presence. Sponsor attendance of one city staff member at a
communications training or conference. Provide training for public information support staff.
3 Emergency Management Activity:
Mass Care Services
Core Capability Mass Care Services
General Plan for 13EMPG:
Purchase additional animal and human shelter supplies. Create portable device (cell phone, tablet)
charging stations at key gathering or shelter locations. Conduct animal shelter operations training.
4 Emergency Management Activity:
Damage Assessment
Core Capability Situational Assessment
General Plan for 13EMPG:
Purchase supplies/equipment to increase damage assessment capabilities. Develop new damage
assessment procedures. Provide supportive training/exercises for damage assessment function.
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5 Emergency Management Activity:
Operational Coordination
Core Capability Operational Coordination
General Plan for 13EMPG:
Organize and expand CERT team capabilities. Purchase supplies/equipment for CERT program.
Provide support for AmeriCorps member (CERT is a major assignment.) Purchase
supplies/equipment for EOC to update to current technology standards. Revise EOC procedures and
develop supportive training. Update information in Continuity of Operations Plan to improve usability.
Sponsor ten city staff attendances at emergency management training or conferences. Provide partial
funding for EM Coordinator salary. Add technology to support CAD access in two Duty Chief vehicles
to provide better information to EOC Duty Officer in emergencies. Update evacuation maps and
plans.
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Exhibit D
MILESTONE TIMELINE
FFY13 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2013 Start of Grant Agreement performance period.
January 31, 2014 Submit reimbursement request #1
(June 1 – December 31, 2013)
April 30, 2014 Submit reimbursement request #2
(January 1 – March 31, 2014)
August 31, 2014 End of grant performance period.
October 15, 2014 Submit final reimbursement request (April 1 – August 31, 2014),
additional reports, and/or deliverables.
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Exhibit E
Budget Sheet
FFY13 Emergency Management Performance Grant Program
13EMPG PERCENTAGE 17.32%
13EMPG GRANT AWARD AMOUNT 96,967.00$
SOLUTION
AREA CATEGORY AMOUNT NARRATIVE
Consultants/Contractors 29,586$
Database, T&E & EOC/SOP development, emerg. notification
system
Subtotal 29,586$
Salaries & Benefits 33,414$ For EM Coordinator
Goods & Services 9,100$
EOC furniture final phase, supplies and services for all other
work projects
Subtotal 42,514$
Equipment 11,019$ Sheltering, communications, IT, EOC
Indirect -$
Subtotal 11,019$
Goods & Services 6,348$ Supplies for training and public education
Travel/Per Diem 7,000$
City staff/volunteers EM training and travel expenses (incl.
tuition)
Indirect -$
Subtotal 13,348$
Goods & Services 500$ supplies for exercise
Subtotal 500$
TOTAL Grant Agreement Contract AMOUNT:96,967$
EX
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• The City of Renton Office of Emergency Management will provide a match of $96,967, 50% of the total project cost
(local/tribal budget plus EMPG award), of non-federal origin.
• Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted.
• The Sub-grantee agrees to make all records available to Military Department staff, upon request.
Funding Source: U.S. Department of Homeland Security - PI# 733PT – EMPG
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ATTACHMENT #1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The
FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans,
awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts,
purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual
transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients
are required by the Military Department to be familiar with the FFATA requirements and complete this
Worksheet for each contract for the State’s submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This grant agreement 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 grant agreement contract, the
sub-grantee agrees to provide all applicable reporting information to the Washington Military
Department (WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov)
containing information about entities that are awarded Federal grants, loans, and contracts. As
required by FFATA and OMB Guidance, certain information on the first-tier subawards related to
Federal contracts and grants, and the executive compensation of awardees, must be made publicly
available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the initial
subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or
over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward
exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the subaward continues to be subject
to the reporting requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this grant agreement contract, your organization is required by
FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number,
and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award
Management (SAM) is a government wide registration system for organizations that do business
with the Federal Government. SAM stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current DUNS information,
http://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.
2. Your organization must have a Data Universal Numbering System (DUNS) number obtained f rom
the firm Dun and Bradstreet (D&B) (http://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.
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E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the
five (5) most highly compensated officers of your organization (as the subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues
from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
“Total compensation” for purposes of this requirement generally means the cash and non-cash value
earned by the executive during the past fiscal year and includes salary and bonus; awards of stock,
stock options and stock appreciation rights; and other compensation such as severance and
termination payments, and value of life insurance paid on behalf of the employee, and as otherwise
provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross
revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal
awards, and (2) the public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly compensated
officers of your organization in the table below.
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WORKSHEET
Subrecipient Agency:
Grant and Year: Agreement Number:
Completed by:
Name Title Telephone
Date Completed:
STEP 1
Is your grant agreement less than $25,000?
YES
C
h
STOP, no further analysis
needed, GO to Step 6 NO
C
h 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
C
h
GO to STEP 3 NO
C
h
STOP, no further
analysis needed, GO
to Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal funding?
YES
C
h
GO to STEP 4 NO
C
h
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
C
h
STOP, no further analysis
needed, GO to step 6 NO
C
h GO to STEP 5
STEP 5
Executive #1 Name:
Total Compensation amount: $
Executive #2 Name:
Total Compensation amount: $
Executive #3 Name:
Total Compensation amount: $
Executive #4 Name:
Total Compensation amount: $
Executive #5 Name:
Total Compensation amount: $
STEP 6
If your 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."
Signature: _____________________________________________ Date:
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://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/
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ATTACHMENT #2
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non-Profit Organizations
Contact Information
Subrecipient (Sub-Grantee) Name (Agency, Local Government, or Organization):
Authorized Financial Official:
Address:
Email: Phone #:
Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division
(WMD/EMD) is required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during
their fiscal year have met the OMB Circular A-133 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 MIL/EMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at http://www.whitehouse.gov/sites/default/files/omb/assets/a133/
a133_revised_2007.pdf, and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 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 A-133 requirements, you must
complete Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form.
When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract 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 OMB Circular A-133
Our entity is not subject to the requirements of OMB Circular A-133 because (check all that apply):
We did not expend $500,000 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 requirements of OMB Circular A-133
(Complete the information below and check the appropriate box)
We completed our last A-133 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 enclosed or available online at:
http://www:____________________________________________.
We completed our last A-133 Audit on [enter date]________ for Fiscal Year ending [enter date]________. There were
findings related to federal awards.
A complete copy of the audit report, which includes exceptions, corrective action plan and management
response, is either enclosed or available online at:
http://www.____________________________________________.
Our completed A-133 Audit will be available on [enter date]________ for Fiscal Year ending [enter date]________.
We will forward a copy of the audit report to you at that time unless it will be available online at:
http://www.____________________________________________.
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 grant funds from MIL/EMD until the grant agreement contract is closed.
Signature of Authorized Financial Official: Date:
Print Name & Title:
WMD Form 1009-13, 8/19/2013
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