HomeMy WebLinkAboutContract ashington State Military Departmei__ , CAG-12-074
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number:
City of Renton To be determined, based upon
1055 S. Grady Way approved project worksheets D12-048
Renton WA 98057-0552
4. Applicant Agent, phone number: 5. Grant Start Date: 6. Grant End Date:
Deborah Needham 425-430-7044 March 5, 2012 March 5, 2016
7. MD Program Manager/phone number: 8. Data Universal Numbering System 9. UBI #(state revenue):
Gerard Urbas, (253) 512-7402_ (DUNS): 092278894 177000094
10. Funding Authority:
Washington State Military Department (the"DEPARTMENT"), and Federal Emergency Management Agency
(FEMA)
11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst. (CFDA) 14. TIN or SSN:
FEMA-4056-DR-WA 724AC /722AE #&Title: 97.036, Public Assistance 91-6001271
724AD
15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 8,9 th Certified?: X N/A El NO
King County
(BY CONGRESSIONAL DISTRICT):5,11 th 37, 1,47 ❑ YES, OMWBE#
18. Contract Classification: 19. Contract Type (check all that apply):
❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
20. Contractor Selection Process: 21. Contractor Type (check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR ❑ SUBRECIPIENT X OTHER
22. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA-4056-DR-WA—Severe Winter Storm Flooding, Landslide and Mudslides:
To provide funds to the Applicant for the repair or restoration of damaged public facilities as approved by FEMA in
project worksheets describing eligible scopes of work and associated funding, which are incorporated herein by
this reference.
IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement,
exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written
below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and
State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both
parties to this Grant Agreement.
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. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s)
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the contract incorporated by reference.
This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. 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.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT: FO APPLICAN .
;u
Sig ure Date;`` '-` .1 Date
James M. Mullen, Director s'::•'';pirin o�typ�-,name: Denis Law
Emergency Management Division
Washington State Military Department (AE -Y.k� �• � '. �
' Bonnie Walton, t
'. OVED AST RM: '
APPROVED AS TO FORM: r City Clerk
N
Chad C. Standifer, (Signature on file) 3/14/2011 "'sr=,App'lis;ant's Legal Reviev� Date
Assistant Attorney General
Public Assistance Grant Agreement Page 1 of 18 City of Renton
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Form 10/27/00 kdb
SPECIAL TERMS AND CONDITIONS
ARTICLE I— COMPENSATION SCHEDULE
1. FUNDING
The DEPARTMENT will administer the Public Assistance Grant Program and reimburse approved
eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential
Disaster Declaration Number FEMA-4056-DR-WA and authorized by and consistent with the Stafford
Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is
committed to at the time that this Grant Agreement is executed, but that financial commitments will be
made by amendments to the project application as Project Worksheets are completed in the field and
projects are authorized by state and federal officials.
Pursuant to the FEMA,STATE AGREEMENT, FEMA will contribute 75 percent of the eligible costs for
any eligible project and 100 percent of the federal indirect costs, up to $250, as provided for in
subsection 3.E. of Article I of this Public Assistance Grant Agreement. The APPLICANT will commit to
the remaining 25 percent non-federal match to any eligible project that has been identified under the
Presidential Disaster Declaration number FEMA-4056-DR-WA, subject to the following exceptions:
DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to
provide a match to the APPLICANT's non-federal share of eligible projects. Provision of a
match by the DEPARTMENT, if authorized by the Washington State Legislature, shall not
require amendment of this Grant Agreement. If DEPARTMENT match funds are committed to
the non-federal share by the DEPARTMENT pursuant to legislative authorization, the
DEPARTMENT will formally notify the APPLICANT of the match in writing which will include
information identifying any related reduction in the APPLICANT's percentage commitment.
Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor,
donated equipment, and donated materials used in the performance of eligible emergency work
— categories A and B, referred to as Donated Resources. The Donated Resources are
recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share
of the eligible emergency work approved in Project Worksheets. For non-state agency
applicants, the donated resource value will first be applied to the APPLICANT's non-federal
share, and, if a DEPARTMENT match is authorized, any remaining donated resource value will
be applied to the DEPARTMENT's share. The value of the Donated Resources are calculated
as described in FEMA Policy 9525.2, and are capped at the non-Federal share of approved
eligible emergency work costs. The Federal share of the Donated Resources will not exceed
the non-federal share of eligible emergency work costs approved in Project Worksheets. Any
excess credit can be credited only to other eligible emergency work costs, for the same
APPLICANT in the same disaster. The value of excess donated resources cannot be credited
toward or transferred to another eligible APPLICANT, or toward other State obligations.
See Attachment#1 — Project Worksheet sample.
2. GRANT AGREEMENT PERIOD
A. Activities payable under this Grant Agreement and to be performed by the APPLICANT under
this Grant Agreement shall be those activities which occurred during or subsequent to the
incident period defined in the FEMA-State Agreement, and shall terminate upon completion of
the project(s) approved by federal and state officials, including completion of close-out and
audit. This period shall be referred to as the "Grant Agreement Period."
B. The Grant Agreement Period shall only be extended by (1) mutually agreed written amendment,
or (2) written notification from the DEPARTMENT to the APPLICANT issued by the
DEPARTMENT to address extensions of its underlying federal grant performance period or to
provide additional time for completion of the APPLICANT's project(s).
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S
3. PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public
Assistance Applicant Manual procedures as follows:
A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon
submission and approval of an A19-1A State of Washington Invoice Voucher to the
DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets.
B. Progress Payments: Progress payment of funds for costs already incurred on large projects
minus 10 percent retainage may be made to the APPLICANT upon submission by the
APPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request,.and a
spreadsheet identifying the claimed costs supporting the payment request and approval by the
DEPARTMENT.
C. Improved Projects: Payments on improved projects will be pro-rated based upon the
percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
D. Final Payment: Final Payment on a large project will be made following submission by the
APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL
INSPECTION REPORT form upon completion of project(s), completion of all final inspections by
the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include
any retainage withheld during progress payments. Final payments may also be conditional upon
financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the
final payment may be made following any audits conducted by the Washington State Auditor's
Office, the United States Inspector General or other federal or state agency.
E. The APPLICANT is eligible to receive a $250 allowance for federal indirect costs, upon
completion and closure of the disaster grant. Documentation of costs involved with attending
applicant briefing, kick off meeting, and the exit meeting should be retained in the APPLICANT's
files to support federal indirect cost reimbursement.
F. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the APPLICANT's account.
G. Federal funding shall not exceed the total federal contribution eligible for Public Assistance
costs under Presidential Disaster Declaration number FEMA-4056-DR-WA.
H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures,
transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency
No. %;',Accounting Fund No
ARTICLE II — DOCUMENTATION
The APPLICANT is required to retain all documentation which adequately identifies the source and application
of Public Assistance funds, including the federal indirect cost reimbursement, for six years following,the closure
of this disaster grant. For all funds received, source documentation includes adequate accounting of actual
costs and recoveries incurred.
ARTICLE III -QUARTERLY REPORTS
The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their
large projects. The status shall identify the costs incurred to date, the percentage of work completed, the
anticipated completion date of the project and whether cost under runs or over runs are expected. In addition,
the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure
to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of
all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT.
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I ,
ARTICLE IV— TIME EXTENSIONS
A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project
prior to the expiration of the approved completion date. If the project is approved and funded after the statutory
approval time period for completion, then a time extension request must be submitted to the DEPARTMENT
within fifteen days of receipt of the funding package.
In accordance with 44CFR206.204, the DEPARTMENT reserves the right, in its sole discretion, to consider
and approve a time extension request after expiration of the approved completion date and within the
DEPARTMENT's statutory extension authority. Requests for time extensions beyond the DEPARTMENT's
authority will be considered and approved by FEMA, at their sole discretion. All determinations made
regarding time extension requests will be based on a case by case evaluation of specific factual
circumstances.
A time extension request must be in writing and identify the Project Worksheet number, the reason the project
has not been completed within the prior approved completion period, the reason the time extension request
was not submitted prior to the statutory approval time period (if applicable), a current status of the completion
of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date
for the completion of the remaining work. Failure to submit a time extension request in a timely manner may
result in denial of the time extension request, and loss of funding for the related project.
ARTICLE V - CLOSE-OUT
To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date
completed and total amount expended on the project, completion of the small projects. To initiate close-out of
the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF
DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the
claimed costs. Certifications on small and large projects are due within sixty days following the completion of
the project or receipt of the approved Project Worksheet, whichever date is later.
If APPLICANT is claiming the $250 allowance for federal indirect costs, the APPLICANT shall submit
certification that they have expended a minimum of $250 attending the applicant briefing, kick off meeting,
and/or the exit meeting prior to close-out.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release
of the remaining funds due to the applicant for eligible costs, including any retainage previously withheld, and
the allowance for federal indirect costs.
ARTICLE VI — KEY PERSONNEL
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
APPLICANT: DEPARTMENT:
Name: fulmdrMattson ''.
'�� � Staff name: Gerard Urbas
Title: Emergency Managemen' 6,01rdinator Title: Deputy State Coordinating Officer
Public Assistance
E-mail address mmattson @rentonwagov % E-Mail: g.urbas @emd.wa.gov.
Phone Number. 425-430-7041�, Phone Number: (253) 512-7402
ARTICLE VII -ADMINISTRATIVE REQUIREMENTS
A. The APPLICANT shall comply with the following federal Office of Management and Budget (OMB)
Circulars as applicable to their organization: #
• Administrative-Requirements
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• OMB A-102, as revised, Grants and Cooperative Agreements with State and Local
Governments
• OMB A-110, as revised, Grants and Cooperative Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations
• Audit Requirements
o OMB A-133, as revised, Audits of States, Local Governments, and Non-Profit Organizations
B. The APPLICANT will comply with the federal regulations in: 2 CFR Parts 220, 225, and 230; 44 CFR
Parts 7, 9, 10, 13, 14, 17, 18, and 206; and, the state requirements in the Washington State Public
Assistance Applicant Manual, dated March 2012. The Cost Principles in 2 CFR 225 and program
regulations will be used to determine costs for nonprofit hospitals funded under FEMA grants.
C. The APPLICANT shall comply with the Federal Funding Accountability and Transparency Act (FFATA)
and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note) and Attachment #2 attached to and made a part of this
Agreement.
D. Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority
of Presidential Disaster Declaration number FEMA 4056-DR-WA, the DEPARTMENT is reimbursing
the APPLICANT for those approved eligible costs and activities necessary under the Public Assistance
Grant Program during the incident period beginning January 1.3, 2012 and continuing. Eligible costs
and activities will be identified in Project Worksheets approved by FEMA.
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Exhibit A
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Assistance Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:
a. "Department" shall mean 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. "Applicant" shall mean a state agency, local government, tribal government, special purpose
district, or an eligible private nonprofit organization submitting an application to the Governor's
Authorized Representative for disaster recovery assistance.
c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by
the Applicant and authorized to make decisions on behalf of the Applicant.
d. "Grantee" shall mean 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 is the Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review
activities that are conducted to ensure compliance with all state and federal rules, authorities or
policies.
d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is
awarded and which is accountable to the Grantee for the use of the funds provided. The
Subgrantee and Applicant are one and the same.
e. "Project" shall mean those actions funded through the Public Assistance Program and described
in approved Project Worksheets. Projects may include one or more of the following: reimbursement
of costs for emergency response, debris removal and/or repair or restoration of damaged public
facilities. A project may be a small, large, improved, or alternate project.
f. "PL"— is defined and used herein to mean the Public Law.
g. "CFR"— is defined and used herein to mean the Code of Federal Regulations.
h. "OMB"— is defined and used herein to mean the Office of Management and Budget.
i. "WAC"— is defined and used herein to mean the Washington Administrative Code.
j. "RCW"— is defined and used herein to mean the Revised Code of Washington.
A.2 RECORDS AND REPORTS
a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the APPLICANT's
contracts, contract administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Grant Agreement.
b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may
be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office
of the State Auditor, FEMA or their designees, or the Comptroller General of the United States or
their designees or by other federal officials authorized by law, for the purposes of determining
compliance by the APPLICANT with the terms of this Grant Agreement and to determine the
.appropriate level of funding to be paid under the subject Grant Agreement.
c. The records shall be made available by the APPLICANT together with suitable space for such
inspection at any and all times during the APPLICANT's normal working day.
d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Grant Agreement.
A.3 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.
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A.4 AMENDMENTS AND MODIFICATIONS
The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this
Grant Agreement. However, such amendment or modification shall not take effect until approved, in
writing, by the DEPARTMENT and the APPLICANT.
A.5 TERMINATION AND OTHER REMEDIES
a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its
obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants,
agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the
right to terminate this Grant Agreement and withhold the remaining allocation if such default or
violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT
describing such default or violation.
b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant
Agreement by providing written notice of such termination, specifying the effective date thereof, at
least thirty (30) days prior to such date.
c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the
DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT
reasonably determines.
d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its
scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement.
A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The APPLICANT 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 43.21 C), 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.
A.7 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 APPLICANT, 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 APPLICANT, its subcontractors, 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 APPLICANT 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 APPLICANT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the APPLICANT, or APPLICANT's agents or employees.
Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
the federal government, the following shall apply:
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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.8 ACKNOWLEDGMENTS
The APPLICANT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
A.9 APPLICANT NOT EMPLOYEE
The APPLICANT, and/or employees or agents performing under this Grant Agreement are not
employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT 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 APPLICANT make any claim, demand, or
application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or
of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's
Compensation coverage, unemployment insurance benefits, social security benefits, retirement
membership or credit, or privilege or benefit which would accrue to a civil service employee under
Chapter 41.06 RCW.
It is understood that if the APPLICANT 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.10 NONDISCRIMINATION
The APPLICANT 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.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The APPLICANT 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 APPLICANT 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.12 . CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or
its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such locality or localities 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 APPLICANT shall
incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision.
A.13 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the validity and
performance hereof 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 APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of
the courts of the State of Washington.
A.14 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 APPLICANT. The APPLICANT shall assume all
liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT
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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.15 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.16 RECAPTURE PROVISION
In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law 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 APPLICANT of funds under this
recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required
to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to
its costs thereof, including attorney fees.
A.17 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which Public Assistance is provided under this
Grant Agreement shall be liable for the costs incurred by the state and federal governments in
responding to such disaster. The APPLICANT will cooperate in a reasonable manner with the
DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement..
A.18 DUPLICATION OF BENEFITS
The APPLICANT agrees that the Public Assistance funds for which federal or state assistance is
requested does not, or will not, duplicate benefits or funds received for the same loss from any other
source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered
in a project under this Grant Agreement. The APPLICANT will repay any Public Assistance that is
duplicated by other benefits, funds, or insurance proceeds.
A.19 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.20 NOTICES
The APPLICANT 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.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona
fide technical consultant, managerial, or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as project costs.
A.22 RESPONSIBILITY FOR PROJECT
While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant
funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the
APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, 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 phases are applicable to this project, is solely that of the
APPLICANT, 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 APPLICANT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including FEMA compliance with the National
Public Assistance Grant Agreement Page 9 of 18 City of Renton
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Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all
other environmental laws and executive orders.
The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the APPLICANT in connection with the project. The APPLICANT 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.
Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, and to the extent
allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless
the state of Washington and the United States of America for any claims arising from the removal of
debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and
private property will not occur until the landowner grants the APPLICANT the right to enter and signs an
unconditional authorization for the removal of the debris.
A.23 HAZARDOUS SUBSTANCES
The APPLICANT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the APPLICANT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
APPLICANT will be responsible for any associated clean-up costs as a result of the inspections.
"Hazardous Substances" are defined in RCW 70.105D.020 (10).
A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The APPLICANT 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 APPLICANT's performance
under this Grant Agreement.
To the extent allowed by law, the APPLICANT 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 APPLICANT to so comply.
A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT 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 APPLICANT shall complete and sign a Certification 'Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form: Any such form completed by the APPLICANT
for this Grant Agreement shall be incorporated into this Grant Agreement by reference.
Further, the APPLICANT agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The APPLICANT certifies that it will
ensure that potential subcontractors or subrecipients or any of their principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
"covered transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to
subrecipients for any amount. With respect to covered transactions, the APPLICANT may comply with
this provision by obtaining a certification statement from the potential subcontractor or subrecipient or
by checking the Excluded Parties List System (EPLS) maintained by the federal.General Services
Administration (GSA). The APPLICANT also agrees not to enter into any arrangements or contracts to
perform Public Works projects with any party on the Washington State Department of Labor and
Industries' "Debarred Contractor List."
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I
A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities that spend less
than $500,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in Circular No. A-133. As defined in Circular A-133, the term "non-federal entity"
means a State, local government, or non-profit organization, and the term "State" includes Indian tribes.
Circular A-133 is available on the OMB Home Page at http://www.omb.gov.
Contractors required to have an audit must ensure the audit is performed in accordance with Generally
Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards
(the ..Revised Yellow Book) developed by the Comptroller General and the OMB Compliance
Supplement. The Contractor 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 Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records.
The Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report. The Contractor 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 Contractor all disallowed costs
resulting from the audit.
Once the single audit has been completed, the Contractor 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 Contractor must send the audit and the letter no later than nine (9)
months after the end of the Contractor's fiscal year(s)to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
audit findings and a copy of the management letter if one was received.
If Contractor claims it is exempt from the audit requirements of Circular A-133, Contractor must send a
letter identifying this contract and explaining the criteria for exemption no later than nine (9) months
after the end of the Contractor's fiscal year(s) to:
Accounting Manager
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an exemption from
the audit requirements of this provision has been established.
The Contractor shall include the above audit requirements in any subcontracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a material
requirement of this contract. In the-absence of a valid claim of exemption from the audit requirements
of Circular A-133, the Contractor's failure to comply with said audit requirements may result in one or
more of the following actions in the Department's sole discretion:
Public Assistance Grant Agreement Page 11 of 18 City of Renton
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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.
A.27 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING
The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm
compliance with applicable Federal requirements and the requirements and special conditions of an
approved project.
The APPLICANT agrees to:
a. Assist in the preparation and writing of the Project Worksheets.
b. Comply with all funding conditions of an approved project.
c. Provide financial documentation to support requests for payments.
d. Maintain records and documentation that adequately identify and directly support a project's eligible
costs to the approved project worksheet. Pro-rate or percentage costs are not eligible for
reimbursement
e. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities
conducted by the DEPARTMENT or FEMA that are pertinent to this Grant Agreement or an
approved Project Worksheet.
f. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible
costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a
result of a monitoring visit, review and other or further evaluation of supporting financial
documentation and/or reports. If requested documentation is not provided, all costs associated with
the project may be determined to be ineligible.
g. Submit a request for time extension not later than two weeks before a project's deadline.
h-. Notify the DEPARTMENT and request and receive approval for an alternate project prior to
beginning construction. Failure to do so may jeopardize funding approval.
i. Notify the DEPARTMENT and request and receive approval for an improved project prior to starting
construction. Failure to do so may jeopardize funding approval.
k. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is
required, or the scope of work changes in an approved project.
I. Submit quarterly reports to the DEPARTMENT.
m. Submit project completion certifications as required for small, large, alternate, or improved projects.
The DEPARTMENT agrees to:
a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will
coordinate and schedule the meetings necessary to conduct and complete all monitoring and
evaluation activities.
b. Develop the APPLICANT's Project Worksheet(s) (PW) with FEMA and the APPLICANT's
assistance based upon the eligible damages.
c. Provide the APPLICANT with a copy of the approved Project Worksheet.
d. Conduct site visits during a large project's construction.
e. Regularly review the APPLICANT's financial documentation to confirm compliance with state and
federal rules, authorities, and policies.
f. Notify the APPLICANT when funding approval is received and issue payment per the process
described in Article I, #3 — Payments of the Special Terms and Conditions. Large project final
funding will include all costs determined to be eligible based upon the evaluation and review of the
APPLICANT's financial documentation.
g. Work with the APPLICANT to resolve any issues identified during the monitoring process.
h. Review and respond appropriately to the APPLICANT's requests for time extensions and changes
to an approved project.
A.28 SUBCONTRACTING
The APPLICANT shall use a competitive procurement process in the award of any contracts with
contractors or subcontractors that are entered into under the original contract award.
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The procurement process followed shall be in accordance with Part 13 of 44 CFR, 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
APPLICANT.
As, required by Section 694 of the "Post-Katrina Emergency Management Reform Act" (P.L. 109-295),
which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts or agreements with private
organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and
other major disaster assistance activities, shall be awarded to those organizations, firms and individuals
residing or doing business primarily in the geographical area affected by the disaster, to the extent
feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals,
not residing or doing business primarily in the geographical area affected by the declared disaster shall
be justified in writing in the APPLICANT's contract file. Contracts in place prior to a declaration should
be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT
organization determines that it is not feasible or practicable. This determination must be documented in
the APPLICANT's contract file. The transition requirement should not be construed to require an
APPLICANT to breach an existing contract.
All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this
Grant Agreement by reference.
A.29 PUBLICITY
The APPLICANT agrees to submit to the DEPARTMENT 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 APPLICANT agrees not to publish or use such advertising and publicity matters without
the prior written consent of the DEPARTMENT. The APPLICANT 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 grant number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA's views.
A.30 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 APPLICANT 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.31 NONASSIGNABILITY
Neither this Grant Agreement, nor any,claim arising under this Grant Agreement, shall be transferred or
assigned by the APPLICANT.
A.32 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 APPLICANT's
responsibilities with respect to services provided under this Grant Agreement is prohibited except by
prior written consent of the DEPARTMENT. However, the parties acknowledge that the
DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56,
the state Public Records Act.
A.33 LIMITATION OF AUTHORITY—Authorized Signature
Only the DEPARTMENT's Authorized Signature and the Authorized Signature or assigned Applicant
Agent or Alternate for the APPLICANT, 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.
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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
representatives. Further, only these persons shall have signature authority to sign payment requests,
certification of project completion, time extension requests, requests for changes to project status
(including improved or alternate project status), and Statements of Documentation for large projects.
A.34 ASSURANCES
The APPLICANT certifies that:
a. They have the legal authority to apply for federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal and non-state shares of the
project cost) to ensure proper planning, management and completion of the project described in
approved Project Worksheets.
b. They will give the awarding agency, the Comptroller General of the United States and the State,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
c. They will not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without permission and instructions from the awarding agency.
They will record the federal interest in the title of real property in accordance with FEMA directives
and will include a covenant in the title of real property acquired in whole or in part with federal
assistance funds to assure non-discrimination during the useful life of the project.
d. They will comply with the requirements of the DEPARTMENT and FEMA with regard to the drafting,
review and approval of construction plans and specifications, and awarding of construction
contracts.
e. They will provide and maintain competent and adequate engineering supervision at construction
sites to ensure that the completed work conforms to the approved plans and specifications and will
furnish progress reports and such other information as may be required by either FEMA or the
DEPARTMENT.
f. They will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain.
g. They will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
h. They will comply with the Intergovernmental Personnel Act of 1970, as amended (42 U.S.C. §§4701
et seq.) relating to prescribed personnel standards on a merit basis for programs funded under one
of the 19 statutes or regulations specified in Appendix A of the federal Office of Personnel
Management's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
i. They will comply with all applicable state and federal statutes, regulations and executive orders
relating to nondiscrimination, including but not limited to: (a) Title VI of the Civil Rights Act of 1964
(PL 88-352, 42 U.S.C. 2000d) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§168'1 et seq.),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973
(PL 93-112), as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability;
(d) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 et seq.), which prohibits
discrimination on the basis of age; (e) the Americans with Disabilities Act of 1990 (42 U.S.C.
§§12101 et seq.); and (f) the Fair Housing Amendments Act of 1988 (42 U.S.C. §§3601 et seq.), as.
amended, relating to nondiscrimination in the sale, rental or financing of housing. However, the
requirements of Section 202 of Executive Order 11246, as amended, do not apply to a government
contractor or subcontractor that is a religious corporation, association, educational institution or
society, with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association, educational institution or society of
its activities.
j. They will comply, or have already complied, as applicable, with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (PL 91-646,
42 U.S.C. §§4601 et seq.) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of federal or federally-assisted programs.
Public Assistance Grant Agreement Page 14 of 18 City of Renton
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These requirements apply to all interests in real property acquired for project purposes regardless
of federal participation in purchases.
k. They will comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.0 §§1501 et
seq. and §§7321 et seq.) which limit the political activities of certain employees whose principal
employment activities are funded in whole or in part with federal funds.
I. They will comply, as applicable, with labor and wage provisions related to certain federally-assisted
contracts (e.g., the wage rate requirements in the Davis-Bacon Act, as amended, 40 U.S.C. §§3141
et seq., the Copeland Anti-Kickback provisions in 40 U.S.0 §3145 and 18 U.S.0 §874, and the
Contract Work Hours and Safety Standards in 40 U.S.0 §§3701 et seq.).
m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (PL 93-234), as amended.
n. They will comply, if applicable, with environmental standards prescribed pursuant to the following:
(a) protection and enhancement of environmental quality pursuant to Executive Order (EO) 11514,
as amended; (b) administration of the Clean Air Act and the Federal Water Pollution Control Act
with respect to Federal contracts, grants, or loans pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990, as amended; (d) floodplains management pursuant to EO 11988, as
amended; (e) the Coastal Zone Management Act of 1972 (P.L. 92-583), 16 U.S.C. §§1451 et seq.,
as amended; (f) Air Quality & Emission Limitations pursuant to 42 U.S.C. §§7401 et seq.; (g) the
Safe Drinking Water Act of 1974 (PL 93-523), as amended; and, (h) the Endangered Species Act of
1973 (PL 93-205), as amended.
o. They will comply, if applicable, with the Wild and Scenic Rivers Act (PL 90-542), 16 U.S.C. §§1271
et seq., as amended.
p. They will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966 (PL 89-665), 16 U.S.C. §470, as amended; EO 11593 (protection
and enhancement of the cultural environment); and the Archaeological and Historic Preservation
Act, 16 U.S.C. §§469 et seq., as amended.
q. They will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. chapter 63) which
prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
n
r. They will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits. of States, Local
Governments, and Non-Profit Organizations."
s. They will comply with all applicable requirements of all other federal laws, executive orders,
regulations, and policies governing this program.
t. They will certify to the best of their knowledge and belief that the New Restrictions on Lobbying, 44
CFR Part 18, are complied with; i.e., that no federally appropriated funds have been paid or will be
paid by or on behalf of the APPLICANT to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, ,an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of.any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement; that if any funds other than federally 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 contract, grant, loan, or cooperative
agreement, the APPLICANT will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions; and that, as applicable, the APPLICANT will
require that the language of this certification be included in the award documents for all
subcontracts at all tiers and that all subrecipients shall certify and disclose accordingly.
Public Assistance Grant Agreement Page 15 of 18 City of Renton
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Attachment#1 — Project Worksheet Sample
U.S.DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 1660-0017
PROJECT WORKSHEET
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments-
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to
respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not
send your completed form to this address.
DISASTER PROJECT NO. PA ID NO. DATE CATEGORY
F _ R
DAMAGED FACILITY WORK COMPLETE AS OF:
APPLICANT COUNTY
LOCATION LATITUDE LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of.Work change the pre-disaster conditions at the site? ❑ Yes ❑ No
Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included?❑ Yes ❑ No
Is there insurance coverage on this facility? ❑ Yes ❑ No
PROJECT COST
CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
/
/
/
ti TOTAL COST
PREPARED BY TITLE SIGNATURE
APPLICANT REP. TITLE SIGNATURE
FEMA Form 90-91,FEB 06 REPLACES ALL PREVIOUS EDITIONS.
Public Assistance Grant Agreement Page 16 of 18 City of Renton
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1 S
Attachment#2
ADDITIONAL AGREEMENT PROVISIONS
For Compliance With The .
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282)
A. This Agreement (subaward) is supported by federal funds, requiring compliance with the Federal Funding
Accountability and Transparency Act (FFATA) 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 Agreement, Applicant agrees to provide all applicable reporting information to the
Washington Military Department(Department)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 FFATA and
OMB Guidance.
D. As a Federal grant subawardee under this Agreement, your organization is required by FFATA, OMB
Guidance and this Agreement to provide the Department, as the prime grant awardee, all information required
for FFATA compliant reporting by the Department. This includes all applicable subawardee entity information
required by FFATA and OMB Guidance, subawardee Data Universal Numbering System number (DUNS
number), and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the Department or by the
Federal Contractor Registry (CCR) (www.ccr.gov). CCR is a government wide registration
• system for organizations that do business with the Federal Government. CCR stores information
about awardees including financial account information for payment purposes and a link to Dunn
and Bradstreet (D&B) (www.dnb.com) for maintaining current DUNS information. The
Department encourages CCR registration and annual renewal by your organization to minimize
unnecessary data entry and re-entry required by both the Department and your organization. It
will also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a DUNS number obtained from the firm D&B (www.dnb.com). A
DUNS number provides a method to verify data about your organization. D&B is responsible
for maintaining unique identifiers and organizational linkages on behalf of the Federal
Government for organizations receiving Federal assistance.
E. The Department, 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).
Public Assistance Grant Agreement Page 17 of 18 City of Renton
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"Total compensation" for purpose this requirement generally means th._ ash 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:
Dicer
ti
WON eel nl m `s,
�ffic r Narne� . �: M
®ff c 2 Total Com ensatzaan anent „
Ofice ,3Narne
(OficerTotalyCo oun mpensaon , ,y
OWN- 4 Name% _ t x
�'A
01-
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If your organization does,not meet these criteria, specifically identify below each of these criteria that is not met
for your organization:
Does not meet E(1)or E(2)criteria.
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Public Assistance Grant Agreement Page 18 of 18 City of Renton
D12-048
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