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AGENDA ITEM SUMMARY(Must be submitted NLT 3PM Wednesday for next week agenda)

Department: CCSO Emergency Managment

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WORK SESSIOÍ{ X Meeting Date: 212712017

REGULAR AGENDA X Meeting Date: 3/7lz0t7

Required Originals Approved and Attached?will be provided o"' ¿ jaf

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Item Summary:*

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Call for HearingResolutionDraft Ordinance

X Contract/Agreement/MoUxxI Proclamationfl rinalordinance

Contract #Budget ItemOther

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Documents exempt from public disclosure attached: n

Executive Summary:

Grant funding is provided by the Department of Homeland Security as a Washington State EmergenryManagement Peformance Grant (EMPG). The funds are distributed to supplement the emergencymanagement operating budget of our local jurisdiction in an effoft to better meet the demands ofmulti-disciplinary and multi-jurisdictional collaboration in planning, trainings, preparedness, response,and recovery activities. It will also increase our capabílities in individual, schools, and businessreadiness outreach as well as positively impacting volunteer and professional responders'training.The award is based on the size of the jurisdictÍon's emergency management operating budget and isa renewal process. This Washington State Military Department Contract -Grant provides 941,655.00to increase Clallam County's ability to fulfill its mission to save lives; protect property; preserve theenvironmenÇ and restore government.

BUdgetary ImpaCt:CIs there a monetary impact? If so, are funds for this already allocated or is a budget change necessary? ffthis is a contract and a budget change is necessary, the budget change form must be submitted with the item at work session and for theregular agenda) Ifa budgetAction is required, has it been submitted and a copy attached? tr

The $41,655.00 was already allocated in the 20L7 budget that Emergency Management submitted

ReCOmmended ACtiOn:tooes the Board need to act? If so, what is the department's recommendation?)

Please approve the acceptance of the Emergency Management Pertormance Grant 817-t1z and signattached documents.

County Official Signature:

Date Submitte d: 2i27 i 20t7

x Submit original and 5 copies** Submit 3 originals and 5 copiesAgenda ltem Summary.docx

Revised: 2013Questions? Call Loni Gores, Clerk of the Board, ext 2233

Clallam, County ofEmergency Management223 East 4th Streeg Suite 12

1 Name and Address:

Port wA 98362-3000

2. Grant Agreement Amount:

$41,655

3. Grant Agreement Number:

E17-182

4. Subrecipient Contact, phone/email:Jamye Wisecup, 360417 -2525

5. Grant Agreement Start Date:

June 1,2016

6. Grant Agreement End Date

August 3'l,2017

7. Department Contact, phone/email:Gary Stumph, (253) 512-7483

B. Data Universal Numbering System (DUNS):

075739235

9. UBI # (state revenue)

054404-559

"DEPARÏME and the U.S. De rtment of Homeland Secu HSD

10. Funding Authority:Washi StateI 1. Federal Funding ldentification #:

EMS-201 6-EP-00002-S0t12. Federal Award Date:

08/1 0/201 613. Catalog of Federal Domestic Assistance (CFDA) # & Title:

97.042 (l6EMPc)14. Total Federal Amount #:

s7,254,37415. Program lndex # & OBJ/SUB-OBJ:

763PT NZ

'16. TtN:91 -6001 298

17. Service Districts:(BY LEGISLATIVE DISTRICf : 2a

BY CONGRESSIONAL

18. Service Area by County(ies)

Clallam CounÇ

I 9. WomeniMinority-Owned, StateCertified?: X run fl ruO

D yes, OMWBE#20. Agreement Classification

fl Personal Services I cl¡ent Servíces X Publidlocal Gov'tD Research/Development fl ¡"rE fl Other

X Agreementfl lnteragency

21. Contract Type (checft all that apply):

E Contract X Grantfl lntergovernmental (RCW39.34)

22. Subrecipient Selection Process:X "To all who apply & qualify" [1 Competitive Biddingn sote Source fl R"re Rcw tr runD Fited w/oFM? E Advertised? D YES trruo

23. Subrecipient Type (check all that apply)fl Private Organization/lndividual D For-ProfitX Publ¡c Organization/Jurisdiction t Non-profìtü corurnncroR X suenecrptcNT E orHER

24. PURPOSE & DESCRIPTION:The purpose of the FY 2016 Emergency Management Performance Grant (16EMPG) is to provide U.S. Department of HometandSecurity (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes withemergency management programs to assist in preparÍng for all hazards through sustainment and enhancement of those programsas described in the Work Plan.

The Department is the Recipient and Pass-through Entity of the I6EMPG Award EMS-2016-EP{0002-S01, whích is incorporated inand attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to thisAgreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreementand the associated matching funds.lN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referencedExhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below.This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated hereincontain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. Noother understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the partieshereto.ln the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by givingprecedence in the following order:1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions2. DHS/FEMA Award and progËm documents 5. General Terms and Conditions, and,

of the rated3- Work Plan 6. Otherthe parties hereto have executed this Agreement on the day and year last specified below.

SignatureRichard A. Woodruff, Contracts OfficerWashington State Military Department

BOILERPLATE APPROVED AS TO FORM:Signature on File (91612016l.

Brian E. Buchholz, Assistant Attorney General

Date Date

s Review Date

Sionature

ñc.rK Oz'

APPROVED AS TO FORM (if applicable):

Cha¡rman, Board of

FOR THE DEPARTMENT FOR THE SUBRECIPIENT:

to,sClallam County Commissioners

Was hington State Military DepartmentHOMELAND SECURITY GR,ANT AGREEMENT FACE SHEET

2t2015

DHS.FEMA-EMPG-FFY16 Page 1 of 32 Clallam County of , E17-182

' Exhib)it A

SPECIAL TERMS AND CONDITIONS

ARTICLE I. KEY PERSONNEL-L -.. :_ Jr--:J---t^ t:-L-J L ^r---- -L-tt L- ^^-^:J^-^) t-^.. -^-^^--^l t^- ^^:-¡ ^c ^^^+^^+ .,-)^- ¿L:^

^--^^*^-¿ ^-..IfletflotvtuuatsilsteuuetuwSilililueuuftsruercuKuyper sunilcrrur puilil.ur uuilrdur.uiluur uilb¿\grcgriler rr. /.\r ry

substiiution of key personnei by either pariy shaii be macie by wriiten notiÍicaiion to ihe current key personneí.

SUBRECIPIENT MILITARY DEPARTMENTName Jamye Wisecup Name Gary Stumph1:al ^rlUe Program Coordinator T:!l ^I tuc Proqram Coordinator

E-Mail iwisecu p@co.clallam.wa.us Ë-Mail qa rv-stumph@mi l.wa.qov

Phone 360-417-2525 Phone 253-512-7483

Name Ron Cameron Name Sierra Wardell

Title Undersheriff Title Section Supervisor

E-Mail rc ameron @co.cla I lam.wa. us E-Mail s ierra.wardel !@mi!.wa.qov

Phone 360417-2570 Phone 2s3-512-7121

Name Alice Hoffman Name Dalton Gamboa

Title Civil Chíef Deputy Title Program Assistant

E-Mail ehafuan@co-clallam.wa us E-Mail d a lton.sarÉ oq@!oÉ.Ëq.qev

Phone 360417-2257 Phone 253-512-704É.

ARTICLE II. ADMIN¡STRATIVE AND/OR FINANCIAL REQUIREMENTSThe Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements andprogram guidance identified or referenced in this Agreement and the informational documents published byDHS/FEMA applicable to the 16EMPG Program, incfuding, but not limited to, ali criteria, restrictions andrequirements of the "Department of Homeland Security (DHS) Notíce of Funding Opportunity (NOFO) FiscalYear 2A16 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for GrantNo. EMS-2016-EP-00002-S01, and the federal regulatíons commonly applicabte to DHS/FEMA grants, all ofwhich are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement asAttachment #1.

The Subrecipiênt acknowledges that since this Agreement invofves federal award funding, the period ofperformance described herein may begin prior to the availability of appropriaied federalfuncjs. The Subrecipientagrees that it will not hold the Department, the State of Washington, or the United States f iable for any damages,claim for reimbursement, or any Çpe of payment whatsoever for services performed under this Agreement priorto dístribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.

A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:The following requirements appfy to all DHS/FEMA Preparedness Grants administered by theñanarfmanfsvt/qr 1r r rvr rf.

1 SUBAWARDS & CONTRACTS BY SUBRECIPIENTa. The Subrecipient must make a case.by-case determínation whether each agreement it

makes for the disbursement of 16EMPG funds received under this Agreement casts theparty receiving the funds in the role of a subrecípient or contractor in accordance wíth 2cFR 200.330.

b. lf the Subrecipient becornes a pass-through entíty by making a subaward to a non-federalentity as its subrecipient:

í. The Subrecipient must comply with all federal laws and regulations appficable topass{hrough entities of 16EMPG funds, including but not limited to those contained' in 2 cFR 200.

ii. The Subrecipient shall requíre its subrecipient to comply with all applicable stateand federal laws, rules, regulations, requirements and program guidance identified

nH-q-trtrMA-trMpc-trFY1Ê Paoe2 af3? Clallam eountv sf . E17-182

2

or referenced in this Agreement and the informational documents publíshed byDHS/FEMA applicable to the I6EMPG Program, including, but not limited to, all^.;s^.;^ .^^+.;^+;Ã^^ ^^Å .^^,,;.^xa^f^ ^f 1L^ (ñ^^^-+-^^4 ^a t..r^-.^t^-i G-^..*:Â,urrrsrrq, tçù(¡rvuvrtù, orr\J ¡çqu[vil¡srr() u¡ ut(t L,rEPcil(Iil(iltt ut f ìu¡ilctdilu irc;uullty(DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 EmergencyManagement Performance Grant (EMPG)' document, the DHS Award Letter forGrant No. ËMS-2016-EP-00002-S01 in Attachment #1, and the federal regulatíonscommonly applicable to DHS/FEMA grants.

The Subrecipient shall be responsible to the Department for ensuring that all16EMPG federal award funds provided to its subrecipient are used in accordancewith applicable federal and state statutes and regulations, and the terms andconditions of the federal award set forth in Attachment #1 of this Agreement.

REIMBURSEMENT & BUDGET REQUIREMENTSa. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,

printing, equipment, and other goods and services or other budget categories will bereimbursed on an actual cost basis unless otherwise provided in this Agreement.

b. The maximum amount of all reimbursement requests permitted to be submitted under thisAgreement, including the final reimbursement request, is limited to and shall not exceedthe total Grant Agreement Amount.

c. lf the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), anindirect cost rate agreement negotiated between the federal cognizant agency for indirectcosts and the Subrecipient establishing approved indirect cost rate(s) as described in 2CFR 200.414 and Appendix Vll to 2 CFR 200 must be submitted to the Department.However, under 2 CFR 20O.414(Ð, if the Subrecipient has never received a negotiatedindirect cost rate agreement establishing federally negotiated rate(s), the Subrecipientmay negotiate a rate with the Department or charge a de minimis rate of 10% of modifiedtotal direct costs. The Subrecipient's actual indirect cost rate may vary from the approvedrate, but must not exceed the indirect cost rate percentage identified in the Budget (ExhibitE). lf a Subrecipient chooses to charge the 10% de minímis rate, but did not charge indirectcosts to previous subawards, a request for approval to charge indirect costs must besubmitted to the Department Key Personnel for approval with an explanation for thechange.

d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consulttheir internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 asnow existing or amended, and federal maximum rates set forth at http:/furww.qsa.qov, andfollow the most restrictive. lf travel costs exceed set state or federal limits, travel costsshall not be reimbursed without written approval by Department Key Personnel.

e. Reimbursement requests will include a properly completed State A-19 lnvoice Form andReimbursement Spreadsheet (in the format provided by the Department) detailing theexpenditures for whích reímbursement is sought. Reimbursement requests must besubmitted to Reimbursements@mil.wa.sov no later than the due dates listed within theTimefine (Exhibit D), but not more frequently than monthly.

Reimbursement request totals should be commensurate to the time spent processing bythe Subrecipient and the Department. lf the reimbursement request isn't substantialenough, the Subrecipíent should request prior written approval from Department KeyPersonnel to waive the due date in the ïimeline (Exhibit D) and instead submit those costson the next scheduled reimbursement due date contained in the Timefine.

f. Receipts and/or backup documentation for any approved items that are authorized underthis Agreement must be maintained by the Subrécipient consistent with record retentionrequirements of this Agreement and be made available upon request by the Departmentand auditors.

DHS-FEMA-EMPG-FFY16 Page 3 of 32 Clallam County of, 817-182

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A.ny r"equest -for extensíon of a due date in the Timeline (Exhibit D) will be treated as arequest for Amendment of the Agreement and must be submitted to the Department KeyPersonnel suffìciently in advance of the due date to provide adequate time for Departmentreview and consideration, and can be granted or denied within the Department's solei:^^-^+;^áu¡ðut cUU¡ r.

All work under this Agreement must end on or before the Grant Agreement End Date, andthe final reimbursement request must be submitted to the Department within 45 days afterthe Grant Agreement End Date, except as otherwise authorized by written amendment ofthis Agreement and issued by the Department.

No costs for purchases of equipmenUsuppfíes will be reimbursed until the relatedequipmenUsupplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.

Failure to timely submit complete reports and reimbursement requests as required by thísAgreement (includinE but not limíted to those reports in the Timeline) will prohibit theSubrecipient from being reimbursed until such complete reports and reimbursementrequests are submitted and the Department has had reasonable time to conduct its review.

Final reimbursement requests will not be approved for payment until the Subrecipient is

current with ali i-eporting requirements contained in this Agreement.

A written amendment will be required if the Subrecipient expects cumulative transfers tobudget categories, as identified in the Budget (Exhibit E), to exceed 10o/o of the Grantanroomonf Amnr¡nt Anr¡ channes to hncloef cateoory totals not in comnliance with this, r\,¡vvrrrvr ¡ r'r, vrrs.rvv

^^.-^.an]- r¡¡ill nat lra raimhr rrcarl rrrilhnr lf annrnrral frnm fha ñonerfmonfvolq\{lq}./ll tvrr¡ rrv( wv lvlllrvstu st/yrvrq¡

SuOåcipients shall only use federal award funds under this Agreement to supplernentexisting funds, and will not use them to replace (supplant) non-federal funds that havebeen budgeted for the same purpose. The Subrecipient may be required to demonstrateand document that a reduction in non-federal resources occurred for reasons other thanthe receipt or expected receipt of federal funds.

3 REPORTING REQU¡REMENTSa. Wiih each reimbursement request, the Subrecipient shall report how the expendiiures, for

which reimbursement is sought, relate to the Work Plan activities in the format provided

by the Department.

b. ln conjunction with the next annualgrant cycle application process, the Subrecipient shallsubmit to the Department Key Personnel a final report describing all completed activitiesunder this Agreement. lf a Subrecipient will not be applying for grant funding during thenext annual grant cycle application process, the Subrecipient will submit a final report withits final reimbursement request to the Department detailing progress on all activities listedin the Work Plan.

c. ln conjunctíon with the final report, the Subrecipient shalf submit a separate report detailinghow the EMPG Exercise and Training requirements were met for all personnel funded byfederal or matching funds under this Agreement.

d. The Subrecipíent shall comply with the Federal Funding Accountabílity and TransparencyAct (FFATA) and related OMB Guidance consistentwith Public Law 109-282 as amendedby section 6202(a) of Public Law I 10-252 (see 31 U.S.C. 6101 note) and complete andreturn to the Department the FFA,TA Form located at http://mil.wa.qov/emerqencv-manaqement-div¡sion/arants/requiredqrantfonns, which is incorporated by reference anC

made a part of this Agreement.

e. The Subrecipient shall particípate in the State's annual capabifities assessment for theState Preparedness RePort.

DHS-FEMA.-EMPG-FFY16 Paoe 4 of 32 Clallam Count-v of . F-17 -1 82

4. EQUIPMENT AND SUPPLY MANAGEMENTa. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward

shaii compiy with 2 CFR 2û0.3iô - 2ûû.32ô wirerr procurirrg arry equipment or suppiiesunder this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314for management of supplies, to include but not limited to:

i. Upon successful completion of the terms of this Agreement, all equipment andsupplíes purchased through this Agreement will be owned by the Subrecipient, or arecognized non-federal entity to which the Subrecipient has made a subaward, forwhich a contract, subrecipient grant agreement, or other means of legal transfer ofownership is in place.

¡i. All equipment, and supplies as applicable, purchased under this Agreement will berecorded and maintained in the Subrecipient's inventory system.

¡ii. lnventory system records shall include: a description of the property; themanufacturer's serial number, model number, or other identification number; thefunding source for the equipment, including the Federal Award ldentificationNumber (FAIN); Catalog of Federal Domestic Assistance (CFDA) number; whoholds the title; the acquisition date; the cost of the equípment and the percentageof Federal participation in the cost; the location, use and condition of the equipmentat the date the information was reported; and disposition data including the date ofdisposal and sale price of the property.

iv. The Subrecipient shall take a physical inventory of the equipment, and supplies asapplicable, and reconcíle the results with the property records at least once everytwo years. Any differences between quantities determined by the physicalinspection and those shown in the records shall be investigated by the Subrecipientto determíne the cause of the difference. The Subrecípient shafl, in connection wíththe inventory, verify the existence, current utilization, and continued need for theequipment.

v. The Subrecipient shall be responsible for any and all operational and maintenanceexpenses and for the safe operation of their equipment and supplies including allquestions of líability. The Subrecípient shall develop appropriate maintenanceschedules and procedures to ensure the equipment, and supplies as applicable,are well maintained and kept in good operating condition.

vi. The Subrecipient shalldevelop a control system to ensure adequate safeguards toprevent loss, damage, and theft of the property. Any loss, damage, or theft shallbe investígated and a report generated and sent to the Department.

vii. The Subrecipient must obtain and maintaín all necessary certifications and licensesfor the equipment.

viii. lf the Subrecipient is authorízed or required to sell the property, proper salesprocedures must be established and followed to ensure the highest possible return.

ix. lf upon termination or at the Grant Agreement End Date, there is a residualinventory of unused supplíes exceeding $5,000 in totalaggregate value which willnot be needed for any other Federal award, or when original or replacerrrentequÍpment is no longer needed for the original project or program or for otheractivities currentfy or previously supported by a Federal agency or award, theSubrecipient must comply with the following procedures:

A. Supplies: The Subrecipient may retain the supplies for use on other non-Federal related activities or sell them, but must compensate the Federalsponsoring agency for its share.

B. Equipment: The Subrecipient must dispose of equipment as follows:

DHS-FEMA.EMPG-FFY16 Page 5 of 32 Clallam County ot, 817 -182

i. ltems of equipment with a current per-unit fair market value of less than

$5,000 may be retained, sold, or otherwise disposed of by theSubrecipient with no further obligation to the awarding agency.

ii. iiems of equipment wíth a current per-unit fai¡- market vaf ue of more than

$5,000 may be retained or sold and the Subr-ecipient shall compensatethe Federal-sponsoring agency for its share.

x. Records for equípment shall be ¡'etained by the Subrecipient for a period of six yeai"s

from the date of the disposition, replacement, or transfer. lf any litigation, claim, or

audit is started before the expiration of the six year period, the records shall be

retained by the Subrecipíent until all litigation, claims, or audit findings involving therecords have been resolved.

The Subrecipieni shall comply with the Department's Furchase Review Process, which is

incorporated by reference and made part of this Agreement. No reimbursement will be

provided unless the appropi'iate approval has been received.

Allowable equipment categories for the EMPG Program are listed on the AuthorizedEquipment List (AEL) located on the FEMA website at http://www.fema.qov/authorized-ec¡u list. lt is important the Subrecipient and any non-federal entity to which theSubrecipieni makes a subawa¡'d i'egard the AEL as an authorized purchasing list

identifying items allowed under the specific grant program, and includes items that maynot be categorized as equipment according to the federal, state, local, and tribal defÏnitions

of equipment. The Subrecipient is solely responsible for ensuring and documentingpurchased items under this Agreement are authorized as allowed items by the AEL at timeof purchase.

lf the item is not identified on the AEL as allowable under EMPG, the Subrecipient mustcontact the Department Key Personnel for assistance ín seeking FEMA approval prior toacquisition.

Unless expressly provided otherwise, all equípment must meet all mandatory regulatoryand/or DHS/FEMA adopted standards to be eligible for purchase usíng Federal awardfunds.

Equipment purchased with DHS federal award funds is to be marked with "Purchased

with funds provided by the U.S. Depai'tment of Homeland Secui-ity" rvhen pi'acticable.

As a subrecipient of federal funds, the Subrecipient must pass on equipment and supplymanagement requirements that meet or exceed the requirements outlined above to any

non-federal entity to which the Subrecipíent becomes a pass through entity by making a

subaward of federal award funds under thís Agreement.

5. ENVIRONi'TENTAL AND I.IISTORICAL PRESERVATIONThe Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and

Historic Preservation (Êl-iP) Program. EHP program informaiion can be fot¡nd ai

https://wvrn¡r.fema.gov/office-environmental-planninq-and-historic-preservation; FP 108-023-1

Environmental Planning and Historic Preservation Policy Guidance at

http://www,fema.qov/medialibrarv/assetldocuments/85376; and FP 108.24.4 Environmental

Planning and Historical Preservation Policy at https://www.fema.oov/media-librarv/assetddocuments/101537, all of which are incorporated in and made a part of this

Agreement.

a. Projects that have historical impacts or the potential to impact the environment, including,buf not limited to construction of communícatíon towers; modification or renovation of

existing buildings, structures and facilities; or new construction including replacement offacilities, must particípate in the DHS/FEMA EHP review process prior to inítiation.

Modification of existing buildings, including minimally invasive improvements such as

attaching monitors to walls, and training or exercises occurring outside in areas not

DHS-FEMA.-EMPG-FFY16 Page 6 of 32 clallam county of 817-182

b

c.

d

e

f

considered previously disturbed, also require a DHS/FEMA EHP review before projectinitiation.

The EHP review process involves the submission of a detailed project description thatexplains the goals and objectives of the proposed project along with supportingdocumentation so FEMA may determine whether the proposed project has the potentialto impact environmental resources and/or historic properties.

The Subrecipient agrees that to receive any federal preparedness funding, all EHPcompliance requirements outlined in applicable guidance must be met. The EHP reviewprocess must be completed and approval received by the Subrecipient before anywork is started for which reimbursement will be later requested. Expenditures for projectsstarted before completion of the EHP review process and receipt of approval by theSubrecipient will not be reimbursed.

PROCUREMENTa. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.31S

through 200.326 and as specified in the GeneralTerms and Conditions, Exhibit B, A.'10.

b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submitto the Department for pre-procurement review and approval the procurement documents,such as requests for proposals, invitations for bids and independent cost estimates. Thisrequirement must be passed on to any non-federal entity to which the Subrecipient makesa subaward, at which point the Subrecipient wíll be responsible for reviewing andapptoving sole source justifications of any non-federal entity to which the Subrecipientmakes a subaward.

SUBRECIPIENT MONITORINGa. The Department will monitor the actívities of the Subrecipient from award to closeout. The

goal of the Department's monitoring activities will be to ensure that agencies receivingfederal pass-through funds are in compliance with this Agreement, federal and state auditrequirements, federal grant guidance, and applicable federal and state financialregulations, as well as 2 CFR Part 200 Subpart F.

b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipientshall complete and return to the Department the 2 CFR Part 200 Subpart F AuditCertificatíon Form located at http://mil.wa.oov/emeroencv-management-divísion/qrantVrequiredqrantforms with the sígned Agreement and each fiscal yearthereafter until the Agreement is closed, which is incorporated by reference and made apart of this Agreement,

c. Monitoring activities may include, but are not limited to:

i. review of financial and performance reports

ii. monitoring and documenting the completion of Agreement deliverables

iii. documentation of phone calls, meetings, e-mails and correspondence

iv. review of reimbursement requests and supporting documentation to ensureallowability and consistency with Agreement work plan, budget, and federalrequirements

v. observation and documentation of Agreement related activities, such as exercises,trainÍng, funded events, and equipment demonstrations

vi. on-site visits to review equipment records and inventories, to' verify sourcedocumentation for reimbursement requests and performance reports, and to verifycompletion of deliverabfes.

d. The Subrecípient is required to meet or exceed the monitoring activities, as outlinedabove, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement.

b.

c

7

DHS-FEMA-EMPG-FFY16 PageT o132 Clallam County of ,E17-182

Compliancy will be monitored throughout the performance period to assess risk.

Concerns will be addressed through a Corrective Action Plan.

LIM|TED ENGLISH PROFIENCY (ClVlL RIGHTS ACT OF 1964 TITLE Vl)

a. The Subrecipient r-nust comply with the Title V! of the Civil Rights Act of 1964 (Iitle Vl)

prohibition against iiscrimination on ihe basis oí nationai origin, which requires ihaisubrecipients of federal fìnancial assistance take reasonable steps to provide meaningful

access to persons with limited English proficiency (LEP) to their programs and services.providing meaningful access for persons with LEP may entail providing language

assistance services, including oral interpretation and written translation. Executive Order

13166, lmproving Access to Services for Persons with Limited English Proficiency (August

11,2000), requires federal agencies to issue guidance to recipients, assisting such

organizations and entities in understanding their language access obligations. DHS

published the required recipient guidance in April 2011,'DHS Guidance to Federal

Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin

Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,(April 18, 2O11). The Guidance provides helpful information such as how a recipient can

determine the extent of its obligation to provide language services, selecting language

services, and elements of an effective plan on ianguage assisiance for LEP persons. For

additionaiassistance and information i"eEai-ding language access obligations, please i'efer

to the DHS Recipient Guidance at https:Ílvww.dhs.oov/ouidance-'published-helpdeOartment supported-orqan¡zations-provide-meaningful-access-peoÞle.limited and

additional resources on httÞ:/lwww.lep.gov,

N¡MS COMPLIANCEa. The National lncident Management System (NIMS) identifies concepts añd principles that

answer how to manage emergencies from preparedness to recovery regardless of their

cause, size, location, or complexity. NIMS provides a consistent, naticnwide approach

and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and

delíver the core capabilities needed to achieve a secure and resilient nation.

b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and

disciplines to ensure effective and integrated preparedness, planning, and response.

NIMS empowers the components cf the National Preparedness System, a requirement of

Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector

and describes the planning, organizational activities, equipping, training and exercising

needed to build and sustain the core capabilities in support of the National Preparedness

Goal.

c. The Subrecipient agrees that in order to receive Federal Fiscal Year 2016 federalpreparedness funding, to include EMPG, NIMS compliance requirements for 2016 mustl.ra mal

B*. EMPG PROGRAM SPEC¡FIC REQUIREMENTS1. The Department receives EMPG Program funding from the DHS/FEMA, which is províded to

assist state, local, and tribal governments enhance and sustain all-hazards emergency

management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency

Assistance Acq as amended (42 U.S.C. $S 5121 et seq.) and Section 662 of the Post Katrina

Emergency ManagementAct (6 U.S.C. S 762).

Z. A portíon of the 16EMPG grant was identified by the state to be passed through to localjurisdictions and tribes with emergency management programs to supplement their local/tribal

operating budgets to help sustain and cnhance emergency management capabilities underWAC

1 18-09.

3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform

tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by

DHS-FEMA-EMPG-FFY16 Page I of 32 Çlallam County aÍ,817-182

e.

8.

I

the Department and incorporated into this Agreement. Funding may not be used to replace orsupplant existing local or tribal government funding of emergency management programs.

The Subrecípient shall provide a fifty percent match of $41,655 of non-federal origin. To meetmatching requirements, the Subrecipient cash matching contríbutions must be consideredreasonable, allowable, allocable, and necessary under the grant program and must comply withall Federal requirements and regulations, including but not limited to 2 CFR Part 200. Anappropriate mechanism must be in place to capture, track, and document matching funds. ln thefinal report, the Subrecipient shall identify how the match was met and documented.

Exercises that are implemented with EMPG Program funds under this Agreement must meet therequirements of the 16EMPG Program.

All personnef funded in any part through federal award or matching funds under this Agreementshall:

a. participate in no less than three exercíses in a 12-month period. The Subrecipient will reportexercise participation along with the final report.

b. complete the following training requirements and record proof of completion: NIMS TrainingICS 100, ICS 200, lS 700, and lS 800 and the FEMA Professional Development Series lS120, lS 230, lS 235, lS 240, lS 241, lS 242, and lS 244. The Subrecipient will report trainingcourse completion by índividual personnel along with the final report.

DHS TERMS AND CONDITIONSAs a subrecipient of 16EMPG Program funding, the Subrecipient shall comply with all applicable DHSterms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No.EMS-2016-EP-00002-S01 , which are incorporated and made a part of this Agreement as Attachment #1.

4

5

6

c.

DHS-FEMA-EMPG.FFYl6 Page 9 of 32 Clallam County of ,817-182

L4

4.2

4.5

A.6

Exhibit B

Washington State Military DepartmentGENERAL TERMS AND CONDITIONS

Department of Homeiand Security (DHS)/Federal Emergeney Management Agency (FEMAI

GrantsTltrtrtNilTtrìNtQ

As ,rsed throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200Subpart A (which is incorporated herein by reference), except as otherwíse set forth below:

a. "Agreement" means this Grant Agreement.

b. "Department" means the Washington State Military Department, as a state agency, any division,^^^r¡^- ^íÍi^^,¡a'tfnrn+haran+ifvnflhañanorlmanf nranrrnffhonffinarcnrathqrnffinialclcr¡rfrrllrrsuui¡uii, ul¡iuçi, ulllttJa v(¡¡Ë¡ g¡¡ii(y u¡ t¡¡ç uÇPq¡(¡i¡ç¡¡4, vi qi¡t v¡ i¡¡v v¡r¡wvrQ vr vrrrvr vrrrvrq¡r rsrYrur¡t

representing that Department. The Department is a recipient of a federal award directly from a

federal awarding agency and is the pass-through entity making a subaward to a subrecipientunder this Agreement.

c. "subrecipient" when capitalized is primarily used throughout this Agreement in reference to thenon-federal entity identified on the Face Sheet of this Agreement that has received a subawardfrom the Department. However, the definition of "subrecípient" is the same as in 2 CFR 200.93for all other purposes.

d. "Monitoring Activities" means all administrative, financial, or other review activities that areconducted to ensure compiiance with all state and federal laws, rules, regulations, authorities andpolicies.

-- -t:^ -a:^ - -. .L-:s^l L.. ¿L ^ -..4-^^r-,^-¡ J^^^-:L;-^ 4L ^ --^:- ^¿/^\T. lnveslment means Ifle gf af l[ afjpiluauufl Suuf ilru.su uy utc ùuur trurptuil( usÞçrrutilg riltr Prujeçr\ù/for whích federal funding is sought and provided under this this Agreement. . Such grantapplication is hereby incorporated into this Agreement by reference.

ADVANCE PAYMENTS PROHIBITËDThe Department shall make no payments in advance or in anticipation of goods or services to be províded

under this Agreement. Subrecípient shall not invoice the Department in advance of delivery and invoícing

of such goods or sery¡ces.

A.3 AMENDMENTS MODf FICATIONSThe Subrecipient or the Depai'tment may request, in wtlting, an arnendment br rnodification of this

4.4

Agreement. However, such amendment or modification shall not be binding, take effect or beíncorporated herein uniii made in writíng and signed by the authorízed representatives of the Depai"tment

and the Subrecípient. No other understandings or agreements, written or oral, shall be binding on thepart¡es.

AMERiCANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336, 42 U.S.C. 12101 ET

SEO. N¡¡O ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE..ADA'' 28 CFR PATI

35.The Subrecipient must comply with the ADA, which provides comprehensive civil ríghts protection toindividuals with disabilities in the areas of employment, public accommodations, state and localgovernment services, and telecommunicat¡on.

ASSURANCESThe Department and Subrecipient agree that all actívity pursuant to this Agreement wíll be in accordancewith all the applicable current federal, state and local laws, rules and regulations.

CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY

As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is notpresently debared, suspended, proposed for debarment, declared inelígible, or vofuntarily excfuded fromparticipating in this Agreement by any federaldepartment or agency.

The Subrecípient shall complete, sign, and return a Certification Regarding Debarment, Suspension,lneligibility, and Voluntary Exclusion form located at http://mil.wa.qov/emerqencv-manaqement-

DI=! S-FË MA.E MPG.FFY1 6 Page 10 of32 Clallam County o1, E17-182

division/qrants/requiredqrantforms. Any such form completed by the Subrecipient for this Agreementshafl be incorporated into this Agreement by reference.

Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federaldebarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it willensure that potentíal contractors or subrecipients or any of their principals are not debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered

transactions" by any federal department or agency. "Covered transactions" include procurementcontracts for goods or services awarded under a non-procurement transaction (e.9. grant or cooperativeagreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for anyamount. With respect to covered transactions, the Subrecipient may comply with this provision by

obtaining a certifìcation statement from the potential contractor or subrecipient or by checking the Systemfor Award Management (http://www.sam.qov) maintained by the federal government. The Subrecipientalso agrees not to enter into any arrangements or contracts with any party on the Washíngton StateDepartment of Labor and lndustries' "Debarred Contractor List"(http://www.lni.wa.gov/TradesLicensing/PrevWageiAwardingAgencies/DebarredContractorV). TheSubrecipient also agrees not to enter into any agreements or contracts for the purchase of goods andservices with any party on the Department of Enterprise Services' Debarred Vendor List(http:/ rvww.des.wa.qov/services/ContractinqPurchasinq/Business/PaoeVVendor-Debarment.aspx).

A.7 CERTIFICAÏION REGARD ING RESTRICTIONS ON LOBBYING

4.8

As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge andbelief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of theSubrecipient 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 Congressin connection with the awarding of any federal contract, the making of any federal grant, the making ofany federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)that if any funds other than federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress in connection with thisAgreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit StandardForm-LLL, "Disclosure Form to Report Lobbying," in accordance wÍth its instructíons; (3) and that, asapplicable, the Subrecipient will require that the language of this certification be included in the awarddocuments for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,loans, and cooperative agreements) and that all sub-recípients shall certify and disclose accordingly.This certification is a material representation of fact upon whích reliance was placed when this transactionwas made or entered into, and is a prerequisite for making or enteríng into this transaction imposed bysection 1352, title 31, U.S. Code,

CONFLICT OF INTERESTNo officer or employee of the Department; no member, officer, or employee of the Subrecípíent or itsdesignees or agents; no member of the governing body of the jurísdiction in which the project is

undertaken or located; and no other officiaf of the Subrecipient who exercises any functions orresponsibilities with respect to the project during his or her tenure, shall have any personal or pecuniarygain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereol for work to beperformed in connectíon with the project assisted under this Agreement.

The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, aprovision prohibiting such interest pursuant to this provision.

COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIESThe Subrecipient and all its contractors and subrecípients shall comply with, and the Department is notresponsible for determining compliance with, any and all applicable federal, state, and local laws,regulations, executive orders, OMB Circulars, and/or policiçs. This obligation includes, but is not limitedto: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),the Americans with Disabilities Act (ADA), Age Discrímination Act of 1975, Títle Vl of the Civil Rights Actof 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Ernergency Assistance Act,

4.9

DHS-FEMA-EMPG-FFY16 Page 11 of32 Clallam County of, E17-182

IPL 93-2BB- as amended), Ethics ín Publie Service (RÇW 42.52), Covenant Against Contingent Fees (48\. _ --CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW39.12), 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 19.27N, Provisions inD. ,:1,{;^^^ ç^- A ^^Å -^,.¡ LJ^ñÁi^ô^^^n Darcnno /Þf'\^/ 7fì Or\ cnÀ cafahr cnrl lracff h ra¡¡ ¡latin¡cuullvtttgJ ¡vi

^gçw clltu rrqtrvrvqvPvv ¡ s¡ru¡iJ \t\vv1 te-rLlt s¡rv rq¡v.t q¡rv ¡res¡(¡¡ rvYqrut¡vr¡ú.

ln the event of noncompliance or refusai to comply wíth any applicable law, reguiation, executive order,OMB Círcular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is

responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, tocomply with applicable laws, regulations, executive orders, OMB Circulars or policies.

A.1O CONTRACTING & PROCUREMENTa. The Subrecipient shall use a competitive procurement process in the procurement and award of

any contracts with contractors or sub-contractors that are entered into under the original contractaward. The procurement process followed shall be in accordance with 2 CFR Part 200.318General procurement standards ihrough 2OO.326 Contract Provisions.

As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient underthis Agreement must include the following provisions, as applicable:

1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is

the inflation adjusted amount determined by the Civilian Agency Acquisition Council and theDefense Acquisítion Regulations Council (Councils) as authorized by 41 U.S.C. 1908, mustaddress adrninistrative, contractual, or legal remedies in instances where contractors vioiate orl-.r¡a¡Fr ¡an*¡a¡{ {arme an¡f nrnr¡irla fnr ct r¡h can¡f ionc anrl nonaltiac lc cnnrnnriqtoulçqull wvlll¡ovt lglr¡lJr qrrv ylvrrvv rvr rvvr rr vrrv yvr

2) Aii contracts in exeess of $i0,000 must a,id¡'ess te¡'minaiion fo¡'cai¡se and fo¡"convenience by

the non-Federal entity including the manner by which it will be effected and the basis forsettlement.

3) Equal Employ-ment Opportunity. Except as otherwise provided under 41 CFR Part 60, all

contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must ínclude the equal opportunity clause provided under 41 CFR 60-1 .4(b), in accordancewith Executive Order 11246, "Equal Employment Opportunity'(30 FR 12319,12935, 3 CFR Part,1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part60, "Office of Federál Contract Complíance Programs, Equal Employment Opportunity,Department of Labor."

4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program

legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entitiesmust include a provision for compliance with the Davís-Bacon Act (40 U.S.C. 3141-3144, and3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "LaborSfandsrdq Prnvisínns A-nnlicahle to Contracts Coverino Federallv Financed and Assistedv\qr ruqr v9

Construction). ln accordance with the statute, contractors must be required to pay wages to-^L

a^-^ rL-- ¡L^ --^---:l:-- ^^^^tE^):- -...laborers and mecnAnlcs at A raie not ieSS fnan lne prevaiiing wages spec¡¡iec¡ in A wagedeterminatíon made by the Secretary of Labor. ln addition, contractors must be requíred to paywages not less than once a week. The non-Federal entity must place a copy of the currentprevailing wage determination issued by the Department of Labor ín each solicitation. Thedecision to award a contract or subcontract must be conditioned upon the acceptance of the wagedetermination. The non-Federal entity must report all suspected or reported violations to theFederal awarding agency. The contracts must also include a provision for compliance with theCopeland "Anti-Kíckback" Act (40 U.S.C. 3145), as supplemented by Department of Laborregulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public WorkFinanced in Whole or in Part by Loans or Grants from the United States"). The Act providqs thateach contractor or subrec¡p¡ent must be prohibited from inducing, by any meai¡s, any personemployed in the construction, completion, or repair of public work, to give up any part of thecompensatíon to whích he or she is otherwise entitled. The non-Federal entity must report afl

suspected or reported violations to the Federal awarding agency.

DHS-FEMA.-EMPG-FFY16 Page 12 of 32 Clallam County of, E17-182

5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, allcontracts awarded by the non-Federal entity in excess of $100,000 that involve the employment^f -^^l-^^i^^ ^- l^k^r^.^

-,,^f ;-^1,,,{^ ^ ^-^.,;^;^^ f^. ^^ñ^l;â^^^ \^,i+L\ t^ I I C r'\ a1^a ^^.! a'7^AUi lltçL¡lcllll(/ù \,I tduutçtù ll¡uÐL lllvluuç q PlvvlÐlvrl lvl wvlllyllgllVç YY¡tll TV V.U-V. Jt VL Al l\l \,,.,

as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 ofthe Act, each contractor must be required to compute the wages of every mechanic and laboreron the basis of a standard work week of 40 hours. Work in excess of the standard work week ispermissible provided that the worker is compensated at a rate of not less than one and a halftimes the basic rate of pay for all hours worked in excess of 40 hours in the work week. Therequirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laboreror mechanic must be required to work in surroundings or under working conditíons which are

unsanitary, hazardous or dangerous. These requirements do not apply to the purchases ofsupplies or materials or articles ordinarily available on the open market, or contracts fortransportation or transmission of intelligence.

6) Rights to lnventions Made Under a Contract or Agreement. lf the Federal award meets thedefínition of "funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipientwishes to enter into a contract with a small business firm or nonprofit organization regarding thesubstitution of parties, assignment or performance of experimental, developmental, or researchwork under that "funding agreement," the recipient or subrecipient must comply with therequirements of 37 CFR Part 401, "Rights to lnventions Made by Nonprofit Organizations andSmall Business Firms Under Government Grants, Contracts and Cooperative Agreements," andany ímplementing regulations issued by the awarding agency.

7) Clean Air Act (42 U.S.C. 7401-7671q.) and the FederalWater Pollution ControlAct (33 U.S.C.1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 mustcontain a provision that requires the non-Federal award to agree to comply wíth all applicablestandards, orders or regulations issued pursuantto the Clean AirAct (42 U.S.C. 7401-7671q) andthe FederalWater Pollution ControlAct as amended (33 U.S.C. 1251-1387). Violations must bereported to the Federal awarding agency and the Regional Office of the Envíronmental ProtectionAgency (EPA)

8) Debarment and Suspensíon (Executíve Orders 12549 and 12689)-A contract award (see 2CFR 180.220) must not be made to parties listed on the government-wide exclusions in theSystem for Award Management (SAM), ín accordance with the OMB guidelines at 2 CFR 180 thatimplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names ofparties debarred, suspended, or othen¡rise excluded by agencies, as well as parties declaredineligible under statutory or regulatory authority other than Executive Order 12549.

9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an awardexceeding $100,000 must file the required certification. Each tier certifies to the tier above that itwill not and has not used Federal appropriated funds to pay any person or organization forinfluencing or attempting to influence an officer or employee of any agency, a member ofCongress, officer or employee of Congress, or an employee of a member of Congress ínconnection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.

1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in

connection with obtainíng any Federal award. Such disclosures are forwarded from tier to tier up

to the non-Federal award.

10) Procurement of recovered materials - As required by 2 CFR 200.322, a non-Federal entitythat is a state agency or agency of a political subdivision of a state and its contractors must complywith section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservationand Recovery Act. The requirements of Section 6002 include procuring only items designated ínguidelínes of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain thehíghest percentage of recovered materials practicable, consistent with maintaining a satisfactorylevel of competítion, where the purchase price of the item exceeds $10,000 orthe value of thequantíty acquired during the preceding fiscaf year exceeded $10,000; procuríng solid wastemanagement services in a manner that maximizes energy and resource recovery; and

DHS-FEMA-EMPG-FFY16 Page 13 of 32 Clallam County of ,817-182

establishing an afflrmative procurement program for procurement of recovered materials

identified in the EPA guidelines-

1 1) Notice of awarding agency requirements and regulations pertaining to reporting.

41\ EaÄarat ctttar¡linn.ôên^r/ ronuirornpnfc:nd reottl:tions nerfainino to coovriohts and riohtS in¡¿jt I cvç¡s¡ qvYs¡ur¡rv .- '-v-'--'-' o " --r'J r)-1-udtd.

13) Access by the Department, the Subrecipient, the Federal awarding agency, the Comptroller

General of the United States, or any of their duly authorized representatives to any books,

documents, papers, and records of the contractor which are directly pertinent to that specific

contraci forthe purpose of making audit, examination, excerpts, and transcriptions.

14) Retention of all required records for six years after the Subrecipient has made final payments

and all other pending matters are closed.

1S) Mandatory standards and policies relating to energy efficiency which are contained in the^ra4+ ¡¡a-^" ^nn¡an¡ctinn n{an iccuod in ¡nmnliencc r¡¡ith the Fnernv Polir:v ând COnSefVatiOnStAtg UllEl9y t,(JllÐElVcltlvll ylqrr ¡rousu rrr uvtrrHrrqi

Act (Pub. L. 94-163, 89 Stat. 871).

b. The Department reserves the right to review the Subrecipient procurement plans and documents,

and requíre the Subrecipient to make changes to bring its plans and documents into compliance

with ihe i'equii-eínents of 2 CFR Part 200.318 through 200.-?26. The Subrecipient must ensure

that its procurement process requires contractors and subcontractors to provide adequate

documentation with sufficient detail to support the costs of the project and to allow both the

Subrecipient and Department to make a cjetermination on eligibility of project costs.

c. All contracting agreements entered into pursuant to this Agreement shall íncorporate this

Agreement by reference

DISCLOSUREfne use oi disclosure by any party of any information concerníng the Department for any purpose not

directly connected with the administration of the Department's or the Subrecipient's responsibílities with

respeðt to services provided under this Agreement is prchibited except by prior written consent of the

Department or as required to comply with the state Public Records Act, other law or court order.

DISPUTESExcept as otherwise provided in this Agreement, when a bona fide dispute arises between the parties

and ¡t carrnot be resolved through digcussion and negotiatíon, either party may request a dispute

resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writíng, state

the disputed issues, state the relative positions of the parties, and be sent to all parties. The panei shaii

consist of a representatlve appointed by the Department, a representative appointed by the Subrecipient

and a third party rnutually agreed upon by both parties. The panel shall, by majority Ùote, 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 panelmember.

LEGAL RELATIONStL t- - -- )---.L- -) ^-) ^^-^^,¿ ¡r.^r ltr;^  a¿aaman* ia anlah¡ fn¡ flra hanafif nf lho nqrfioc fn fho AnroarnonfIt 15 ull(¡gf sl,uuu .|llu aglttEu LII€¡t t¡llÐ ¡1Ylççtllçllt ro evfs¡, rv, (,¡v

and gives no right to any other party. No joint venture or partnershíp is formed as a result of this

Agreement.

To the exient allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold

harmless the Department, the State of Washington, and the United States Government and their

authorized agents and employees, from all claims, act¡ons, eosts, damages or expenses of any nature

whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,

ass¡gns, agents, eontractors, consuftants, licensees, invitees, employees or any person whomsoever

arisiñg out of or ¡n connection with any acts or activities authorÞed by this Agreement.

To the extent allor¡æd by law, the Subrecipíent further agrees to defend the Department and the State of

Washington and their authorízed agents and empfoyees in any litigatíon; including payment of any costs

or attorñeys'fees for any claims or action commenced thereon arising out of or in connection with acts

or activities authorized by this Agreement.

4.11

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nH a_trtr[rÂ-tr ÂtPG-trtrY1 6 Page 14 of 32 Clallam County of , Ê17-182

This obligatíon shall not include such claims, costs, damages or expenses whích may be caused by thesole neglígence of the Department; provided, that if the claims or damages are caused by or result from¿L^ ^^-...---^_L _^-lt-^-^^ ^! f 4\ LL^ n^-^J*^-a --J /4\ ¡L^ ô..L-^^;*:^-¡ :¡^ ^-^-a- ^- ---r----^- 4L:-Ltic uutiuuiler¡r t¡eg¡lgsr iue ur \r,f uru L/Eparr¡ilsr¡r., dilu (¿if urc Ðuureurpteilt, il.s ageilts, ut eiltPtuyees, [f ilÞ

indemnig provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,or Subrecipient's agents or employees.

lnsofar as the funding source, the Department of Homeland Security (DHS)/Federal EmergencyManagement 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 theexercise or performance of, or the failure to exercise or perform a discretionary function or duty on thepart of a federal agency or an employee of the Federal government in carrying out the provisions of theStafford Act.

A.14 LIMITATION OF AUTHORITY - A IITHORI 7trN,qIGNATI 'RtrThe signatories to this Agreement represent that they have the authority to bind their respective

organizations to this Agreement. Only the Department's Authorized Signature representative and theAuthorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formallydesignated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, orwaive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver ofany clause or condition of this Agreement is not effective or binding unless made in writing and signedby both parties' Authorized Signature representatives.

Further, only the Authorized Signature representative or Alternate for the Subrecipient shall havesignature authoríty .to sign reimbursement requests, time extension requests, amendment andmodification requests, requests for changes to projects or work plans, and other requests, certificationsand documents authorized by or required under this Agreement.

LOSS OR REDUCTION OF FUNDINGln the event funding from state, federal, or other sources ís wíthdrawn, reduced, or limited in any wayafter the effective date of this Agreement and prior to normal completion or end date, the Departmentmay unilaterally reduce the scope of work and budget or unilaterally termínate all or part of the Agreementas a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, thepartíes may renegotíate the terms of this Agreement under "Amendments and Modifications" to compfywith new funding limitations and conditions, although the Department has no obligation to do so.

NONASSIGNABILITYNeither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned bythe Subrecipient.

NONDISCRIMINAÏIONThe Subrecipient shall comply with all applicable federal and state non-discrimínation 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 anyproject, program, or activity, funded, in whole or in part, under this Agreement.

NOTICESThe Subrecipíent shall comply with all publíc notices or notices to individuals required by applicable local,state and federal laws and regulations and shall maintain a record of this compliance.

OCCUPATIONAL SAFETY/HEALTH ACT ANd WASHINGTON INDÙSTRIAL SAFETYi HEALTH ACT(OSHAA/VISHA)

The Subrecipient represents and warrants that its work place does now or will meet all applicable federaland state safety and health regulations that are in effect during the Subrecipient's performance under thisAgreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmlessthe Department and its employees and agents from,all liability, damages and costs of any nature,including but not fimited to, costs of suits and attorneys' fees assessed against the Department, as aresult of the failure of the SubrecÍpient to so comply.

4.15

4.16

4.17

A.18

4.19

DHS.FEMA-EMPG-FFY16 Page 15 of32 Clallam County of ,E17-182

4.20

4.21

4.22

at1

OWNERSHI P OF PROJECT/CA.PITAL FAC! LITI ESThe Department makes no claim to any capital facilities or real property improved or constructed withfunds under this Agreement, and by this subaward of funds does not and will not acquire any ownershipinterest or title to such propertv of the Subrecipient. The Subreeipient shall assume all liabilities and-^^^^-^;L;r;l:^^ ^-i^i^^ f-^- 3&.^ ^..,^^-^t-;^ ^^A ^^^-^+i^^ ^{ +t-^ ^-^:^^+ ^^A ^^.^^^ f^ ;^,{^-^:Â, ^^,{ 1i^1,{tgspuiiÞtuÍt¡.ttrl5 dilÞt¡tg iluili uru uwilsrõrilP cil¡u \JyYr<¡uurr ur urE P¡uJcur c¡rru qvrçrrÐ (v ilr\rçr¡ililry d¡ru rrvru

the Department, the state of Washington and ihe United States government harmless from any and alf

causes of action arising from the ownership and operation of the project.

POLITICAL ACTIVITYNo portion of the funds provided herein shall be used for any partisan political activity or to further theelection or defeat of any candidate for public offìce or influence the approval or defeat of any ballot issue.

PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSIONThe assistance nrovided under this Aoreement shall not be used in oavment of anv bonr.rs or commission' '9 --'

for the purpose of obtaining approval of the application for such assistance or any other approval orconcurrence under this Agreement provided, however, that reasonable fees or bona fide technicalconsultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited ifotherwise eligible as project costs.

PUBLICITYThe Subrecipient agrees to submit to the Department prior to issuance all advertising and publicitymatters relating to this Agreement wherein the Department's name is mentioned or language used fromwhich the connection of the Department's name may, in the Department's judgment, be inferred orimplied. The Subrecípient agrees not to publish or use such advertising and publicity matters without the^-:^- ,..-i4^^ ^^-^^^f ^f ¿1.^ ñ^^^'+h^^1 -rt ^ C' 'k.^^ì^¡^^+ ñ^r' ^^^r,ri^l'+ ^-;^;^ôl ,',^.L i+ .¡^.,^t^^^ i^ +t ^yttul wltttçlil uuilùvilt ut Ut<t l. EvatuilErtt. r rrç ùuursurPrçrr( ilrqy vvPyrrvrl( urrvilrar vYUr^ r( uçvçr\/yo rrr Urc

eolrrse of or t¡nder this Agreement; however. ou¡"suant to 2 CFR Pad 200.315, FEMA reserves a i"oyafty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorizeothers to use the work for government purposes.

Publication resulting from work performed under this Agreement shall include an acknowledgement ofFEMA's financial support, by CFDA number, and a statement that the publication does not constitute anendorsement by FEMA or reflect FEMA's views.

A.24 RECAPTURE PROVISIONln the event the Subrecipient faíls to expend funds under this Agreement in accordance wíth applicablefederal, state, and local laws, regufations, and/or the provisions of the Agreement, the Departmentreserves the right to recapture funcjs in an amount equivalent to the extent of noncompfiance. Such rightof recapture shall exist for the life of the project following Agreement terrnination. Repayrnent by theSubrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the eventthe Department is required to institute legal proceedings to enforce the recapture provision, theDepartment shafl be entitled to its costs and expenses thereof, including attorney fees from theSubrecipient.

A.25 RECORDSa. Ihe Subrecipient agrees to maintaín afi books, records, ciocuments, receipts, invoices and all other

elect¡-onic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,subawards, grant administration, and payments, including all direct and indirect charges, andexpenditures in the performance of thís Agreement (the "records").

b. The Subrecipient's records refated to this Agreement and the projects funded may be inspected andaudited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or theirdesignees, by the Comptroller General of the United States or its designees, or by other state orfederal officials authorized by law, for the purposes of deterrnining compliance by the Subrecipientwith the terms of thís Agreement and to determine the appropriate level of funding to be paid underthe Agreement.

c. The records shãll þe made available by the Subreci¡lierrt fur suult irrspection ancl auclit, together withsuitable space for such purpose, at any and all times during the Subrecipient's normalworking day.

d. The Subrecipient shall retaín and allow access to afl records related to this Agreement and the fundedproject(s) for a period of at least six (6) years followíng final payment and closure of the grant under

rìL¡a-trtrÂtÂ-trltÞê-trtrVlA Paoa 1â nl ?2 Clall*m Cailnfv nl Ê17-1R?i svY re vi vÉ

this Agreement. Despite the minimum federal retention requirement of three (3) years, the morestringent State requirement of six (6) years must be followed.

A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLANWhile the Department undertakes to assist the Subrecipient with the projecUstatement of work/work plan(project) by províding Federal award funds pursuant to thís Agreement, the project itself remains the soleresponsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, orto any third party, other than as is expressly set out in this Agreement.

The responsibility for the design, development, construction, implementation, operation and maintenanceof the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as isresponsibility for any claim or suit of any nature by any third party related in any way to the project.

Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable Federal,State, and local permits and clearances are obtained, including but not limited to FEMA compliance withthe National Environmental Policy Act, the National Historic Preservation Act, the Endangered SpeciesAct, and all other environmental laws, regulations and executive orders.

The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which maybe brought against the Subrecipient in connection with the project. The Subrecipient shall not look to theDepartment, or to any state or federal agency, or to any of their employees or agents, for anyperformance, assistance, or any payment or indemnity, including but not limited to cost of defense and/orattorneys' 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.

4.27 SEVERABILITYlf any court of rightfuljurisdiction holds any provision or condition under this Agreement or its applicationto any person or círcumstances invalid, this invalidity does not affect other provisions, terms or conditionsof the Agreement, which can be given effect without the invalíd provision. To this end, the terms. andconditions of thís Agreement are declared severable.

A.2B SINGLE AUDIT ACT REQUIREMENTS (includinq aIIAMENDMENTSINon-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal yearof federal funds from all sources, direct and indirect, are requíred to have a single or a program-specificaudit conducted ín accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than$750,000 a year in federal awards are exempt from federal audit requirements for that year, except asnoted in 2 CFR Part200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" meansa State, focal government, lndian tribe, institution of higher education, or non-profìt organization thatcarries out a federal award as a recipient or subrecipient.

Subrecipients that are required to have an audit must ensure the audit is performed in accordance withGenerally Accepted Government Auditing Standards (GAGAS) as found in the Government AuditingStandards (the Revised Yellow Book) developed by the United States Comptroller Generaland the OMBCompliance Supplement. The Subrecipient has the responsibilíty of notifying its auditor and requestingan audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Offìce,a federal auditor, or a public accountant performing work usÍng GAGAS, as appropriate. Costs of theaudit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.

The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirementand shall ensure that any suFcontractors also maintain auditable records. The Subrecipient isresponsible for any audit exceptions incurred by its own organízation or that of its sub-contractors. Responses to any unresolved management findings and disallowed or questioned costsshafl be included with the audit report. The Subrecipient must respond to Department requests forinformation or conective action conceming audit issues or findÍngs wíthin 30 days of the date ofrequest. The Department reserves the right to recover from the Subrecipient all dísallowed costsresulting from the audit.

After the single audit has been completed, and if it includes any audit findings, the Subrecipient mustsend a full copy of the audit and íts corrective actíon plan to the Department at the foffowing address nolater than nine (9) months after the end of the Subrecipient's fiscal yea(s):

DHS-FEMA-EMPG-FFY16 Page17 of32 Clallam County of , E17 -182

Contracts OfficeWashington Military DePartment

-^ ñ:--:^:-- ð..zaÅi^^ 44 'r^ tôrlflaf l(;g lJlYlslullr ttullulllg tÎ | I ñ-4v

Camp Murray, WA 98430-5032

lf the Subrecipient claims it is exempt from the audit r-equirements of 2 CFR Part 2A0 Subpari F. ihe

Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no

later than nine (g) months after the end of the Subrecipient's fìscal year(s) to the address listed above.

The Department retains the sole discretion to determine whether a valid claim for an exemption from the

audit requirements of this provision has been established.

The Subrecipient shall include the above audit requirements in any subawards-

Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F ís a material-^^.,:-^-^^+ ^¡rr,;^ Âaraamanr ln ilra chcanao af a rrelid nlqim of pvpmnlinn from the arrrlit reotlifemenfsI ë\,lull cll lul ll, ul tl llo nYl çsr I ¡v¡ r(- rr I 1r tv svrvr

of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result

in one oi- more of the following actíons in the Depar^tment's sole discretion: a percentage of federalawards

being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding

or däallowing of overhead costs; the suspension of federal awards until the audit is conducted and

submitted; or termination of the federal award-

SUBRECIPIENT NOT EMPLOYEE

@nindependentcontractorrelatiqnshipwillbecreatedbythisAgreement.TheSubrecipient, andlor employees or agents performing under this Agreernent are not employees or agents

of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to

be, an ofä'cer or empioyee oí the Departmeni by r eason of ihis Agi"eement, no¡' wíll the Subi'ecipient make

^^., ^raim ¡raman¡{ ^. anniinafinn in nr ínr anv rinhf or nriviieoe anniicabie to an offìcer o¡- emoloveg ofgrl)t vldrr¡r, ugl¡lqrlvr v. ql/}/rrvsuv '-'-.', r"-"-9-

thé Department or of the State of Washington by reason of this Agreement, including, but not limited to,

Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,

retirement membership or credit, or privilege or benefìt which would accrue to a civil serv¡ce employee

under Chapter 41.06 RCW.

It is understood that if the Subrecipient ís another state department, state agency, state university, state

college, state commun¡ty college, state board, or state commission, that the officers and employees are

emptóyed by the state oi Washington in their own right and not by reason of this Agreement.

TAXES. FEES AND LICENSESUnless othenv¡Sé provided in this Agreement, the Subrecipient shall be responsible for, pay and ma¡niain

in current staius aiitaxes, unemployment contributions, fees, licenses, assessments, permit charges and

expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are

appiicabie to Agneement performance.

TERMINATION FOR CONVENIENCE

@iòvisionsofthisAgreement,theSubrecipientmayterminatethisAgreementby^,a.,inina .¡¡riflan nnfina nf cr rnh forminafinn fn the lìenartment Kev Personnel identified in the Aoreemgnt.Pruvlul¡lv ltrlllvtl llvllvv ¡v r!'Y

--Fsr --t ' -'

specifying the effective date thereof, at least thirty (30) days prior to such date.

Except as othep¡se provided in this Agreement, the Department, in iis sole ciiscreiion and in the best

interests of the State of Washington, may term¡nate this Agreement in whole or in part by providing ten

(10) calendar days written notice, beginning on the second day after ma¡ling to the Subrecipient. Upon

Àotíce of terminãtion for convon¡ence, the Department rese¡ves the right to suspend all or part of the

Agreement, withhold further payments, or prohibit the Subrecipient from incurríng additional obligations

oifunds. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by

law. The rights and remed¡es of the Departrnent provided for in this section shall not be exclusive and

are in addition to any other rights and remedies provided by law.

TERMINATION OR SUSPENSION FOR CAUSE

@nt,initssolediscretion,determinestheSubrecipienthasfailedtofulfillinatimely and proper manner its obligations under this Agreem-ent, is in an unsound financial condition so

as tó endanger performance hereunder, is in violation of any laws or regulations that render the

Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,

A.29

A.30

A.31

A.32

Ð H S-FEM,À.-E ttJ4 PG-FFY1 5 Page 18 of32 Clallam County ol, E17 -182

agreements or stípulations of this Agreement, the Department has the right to immediately suspend orterminate this Agreement in whole or in part.

ïhe Department may notify the Subrecipient in writing of the need to take corrective action and providea period of time in which to cure. The Department is not required to allow the Subrecipient an opportunityto cure if it is not feasible as determined solely wíthin the Department's discretion. Any time allowed forcure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any otherremedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure,the Department shall notify the Subrecipient in writing of the need to take corrective action. lf thecorrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,or if such corrective action is deemed by the Department to be insufficient, the Agreement may beterminated in whole or in part.

The Department reserves the right to suspend all or part of the Agreement, withhold further payments,or prohibit the Subrecipient from incurring additional obligations of funds during investigation of thealleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending adecision by the Department to terminate the Agreement in whole or in part.

ln the event of termination, the Subrecipient shallbe liable for alldamages as authorízed by law, íncludingbut not limited to, any cost difference between the original Agreement and the replacement or coverAgreement and all administrative costs directly related to the replacement Agreement, e.9., cost ofadministering the competitive solicitation process, maíling, advertising and other associated staff time.The rights and remedies of the Department provided for in this section shall not be exclusive and are [nadditíon to any other rights and remedies provided by law.

lf it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to performwas outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a"Termi nation for Convenience".

A,33 TERMINATION PROCEDURESln addition to the procedures set forth below, if the Department terminates this Agreement, theSubrecipient shall follow any procedures specífied in the termination notice. Upon termination of thisAgreement and in addition to any other rights provided in this Agreement, the Department may requirethe Subrecipient to deliver to the Department any property specifically produced or acquired for theperformance of such part of this Agreement as has been terminated.

lf the termínation is for convenience, the Department shall pay to the Subrecípient as an agieed uponprice, if separately stated, for properly authorized and completed work and services rendered or goodsdelivered to and accepted by the Department prior to the effective date of Agreement termination, theamount agreed upon by the Subrecipient and the Department for (i) compfeted work and services and/orequipment or supplies provided for which no separate price is stated, (ii) partially completed work andservices andlor 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 andpreservation of property.

Failure to agree with such amounts shall be a dispute within the meaníng of the "Disputes" clause of thisAgreement. lf the termination is for cause, the Department shall determine the extent of the liability ofthe Department. The Department shalf have no other obligation to the Subrecipient for termination. TheDepartment may withhold from any amounts due the Subrecípient such sum as the Departmentdetermines to be necessary to protect the Department against potential loss or liability.

The ríghts and remedies of the Department provided in this Agreement shall not be exclusive and are inaddition to any other rights and remedies provided by law.

After receipt of a notice of termination, and except as otherwise directed by the Department in writing,the Subrecipient shalf:

a. Stop work under the Agreement on the date, and to the extent specifìed, in the notice;

b. Place no further orders or contracts for-materials, seruices, supplies, equipment and/or facilíties inrelation to this Agreement except as may be necessary for completion of such portion of the workunder the Agreement as is not terminated;

DHS-FEMA-EMPG-FFY16 Page 19 of32 Clallam County of, 817-182

c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department,

all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated,:- .-.L:-L -^^^ 4L^ n^^^J-^^4 f-^^ ft^^ -i^l-.{ al i*¡ ¡ti-^¡alinn +a aal4la ôñìr ^. all ¡laimo aricinall I wl llul I udstrl Ulv LJtr;Pdtuilvll( ttclò Lrrç rr9rrr, dr r(o urJvrç(vrr, tv ùsr(rç vr t/q)l srrt ur qrr vrqr¡r¡o qrrùrrrv

out of the termination of such orders and contracts;

cj. Settie aii outstanciing iiabifities and aii ciaims arising oui of such termination of orders and contracts,with the approval or rat¡fication of the Department to the extent the Department may require, whích

approval or ratifìcation shall be fìnal 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 Departmeni any property which, if the Agreement had been compieted, would have been requiredto be furnished to the Department;

f. Complete performance of such part of the work as shall not have been terminated by the Departmentin compliance with all contractual requirements; and

g. Take such action as may be necessary, or as the Department may require, for the protection andpreservation of the property related to this Agreement which is in the possession of the Subrecipientand in which the Department tlas or ntay acquire an interest.

A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)

4.35

¡\.JU

The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/orwomen-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilizationstandards, based upon local conditions or may utilize the state of Washington MWBE goals, as identifiedin WAC 326-30-041

VENUEThis Agreement shall be construed and enforced in accordance with, and the validity and performance

-Ìt^t--Li--L^- \ /^-..^ ^l ^-., ^..;¡ L^À.,^^^ ¡L^ ^^+:^^ ^-i^i^^snall oe govgrneo Dy, tne laws ol tne Stiite ul vvasr ilr rgtur ¡. v ur ruE ur clr ry ùult uEr.wEçf I u lE l.rcfl t¡Eù cil rùil rv

out of this Agr^eement shall be the Superior Court of Thurston Count-v, Washington. The Subrecipient,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.

WAíVËRSNo conditions or provisions of this Agreement can be waived unless approved in advance by theDepartment in writíng. The Department's failure to insist upon strict performance of any provision of theAgreement or to exercise any right based upon a breach thereof, or the acceptance of any performance

during such breach, shall not constitute a waiver of any right under this Agreement.

DH S-FEMA.-EMPG-FFY,! 6 Page 20 of32 Clallam County of. 817 -182

Exhibít C

IGEMPG WORK PLAN

Msnageûlent Clallam Unit

The purpose of EMPG is to assist with the enhancement, susta¡nrent and improvement of slate, locã|, and tribal emergerrcy management programs.

Activit¡es conducted using EMPG funding should relate directlv to the five elements of errrergency management: prevent¡on, protect¡on, response,

recovery, and mitigation. Washington State does not require a specific number of activ¡t¡es to receive EMPG funding. However, there are required

cåpab¡lities thât mu51 be conducted ¡n order to remain eligible for EMPG funding including but not limited to the abil¡ty to communicâte and warn.

educate the public, train and exercise, plan, and be NIMS compliant, The Work Plan delineates the Emergency Management Organ¡zation's emergency

mãnâgement prog¡am planning and priority focus for this grant cycle (to include 16EMPG grant and local funds).

Progråm Aú€æ$Jstainflrent

L¡si qganizqt¡eo! expenæs that will be funded by EMPG :

Utilities for AHAB Sirens Cell phone seruice costs Sõtellite seruice costs

Progrðn Área Ê1

Cornprehensive Emergency Management Plan (CEMPI

Work sess¡Øs to keep the CEMP current whete upóoted inþrmat¡on ¡s shsrdthtough diologue- ESFs may have a sub¡ect mstter exPert present,

sa,akeholdeîs dre queàed Íot updates frcm their commønd o¡eas, ond the plans are exerciæd by indiviútal ESFs.

WORK PI.ANNEO

Coordinate the bi*onthly meet¡ngs of the

Penìnsula Rspondeß Emergency Program (PREP).

work sesions around the CEMP Essential

Funct¡ons (ESF). lncorporate table topfor each ESF as applicable.

Conduct exercises for up to six ESFs. Exercises will

become progræsively complex.

WHY f HÊ WORK IS BEING t)oNE RESUTT OF THE WORK

ThePREPworkgroupservesasanadvisoryboard Stakeholdeßwillheveopportunitiestoapply

and planning group, and each partic¡pant hôs a þarned skills and have interact¡ons before an

unique role in ernergency mans8ernent as first actìvation leading to increased response

respondes. Lessons learned during CR16 capabilitis within the ESFS.

identifìed the importånce of the CEMP as a

resource ¡n the response and fecovery process. All

stakeholders should have a minimum workinS

knowledge of the CEMP.

Department heads, elected officials, management Exercise opportunities will showcase how ESFs

support team members, Amateur Radio integrate and how the EOCS interface with the fißtOperatoß, and l¡aisons to the County and City ræponders. Real world responses wifl be more

Operat¡on centers need more hands on training efficiest as a result.

within the Clallam County EOC and City ECCs.

2

PrlSr-n Ar€r#2Operations and Procedures

Tmining and plønn¡ng JeJsaors wìtl be attended locolly dnd in other poûs of the State so thøt fust pmct]æs ond new pmc.¡ces @n be ¡ncorporoted into

Ctallam Countyb operÛrtional.procedures in a cootdinated wøy dmongst atr many fiaisons ønd portne|.s..votunteer, professional ¡esrynders, neîghbors,

Community Êmergenq ResponseTeams (CERT) and Map Your Neíghborhood (MYN) teams.

7

WORK PTANHED

Coordinate FEMA ATC 20, Post-Earthquake

Ev¿luation of Buildings/ATC45, Safety Evaluation

Build¡ngs after Windstorms and Floods course.

WI{Y THE WORK IS BEIN6 DOÍ{E

Due to the isolation of Clallam Cour¡ty after a

disaster, it w¡ll be multipfe d¿ys before additional

trained personnel can årrive to âssist lrvith therecovery. Personnel need be tnined on theassessmeñt of structures. Poss¡ble audience will

be from CERT and MVN teams. cit¡zens, stc.

Recerìt exercises revealed a gap in participant's

decision making processes.

RESULT OF THE WORK

70 Clallam County residents will complete thetrsinìng snd becorre registered as Emergenry

Worker Volunteers. They will be available during

future e.,(ercises and real world ever¡ts

Tra¡ning will¡nclude more involved diãlo€:ue ¡n

problem solving sess¡ons, creat¡ye planning

Frûcesses that can be implemented ¡nto SOPS ând

citizen prep¿redness worbhops, and more

rasponders, volunteers. rnd cit¡zens act¡ve in

train¡ngs þading to a more coordinated and

effic¡ent resporise with¡n Clallam County.

fCoordinate and conduct tra¡níng regard¡ng NIMS

lcompliance. readíness to respond, and recovery

før vetted volunteers, staff, and liåison agency

lmembers.

Il

3 tProvkle exercise des¡gn train¡ng for Clallam County Emergency Management hås limited staffing. Exercise desi6n from muttiple perspectives will I

lresponders and volunteers. There ìsn't the capacity or resources to deliv€r the add a broader look at scenarios and respons€. I

I tevel of exercise desþn needed for more Additbnelly more r¡vork will be able to be I

I nroductive outcomes. accomplished with ådditional personnel to assist. I

4 lprovide training ¡nject writing course to agencies CR16 reveåled how exercises are d¡sþ¡nted Exercbe3 w¡ll relect local situations and be more I

fin Ctatlam County between agencies and even arnongst agencv valuable es more responders and administrators I

I p".tnot- understand what a good ¡nject is and how to I

| "uthortheir om.

I

DHS-FEMA-EMPG-FFY16 Page21 of32 Clallam County of ,817-182

I

Prógiàrin Arcá #3

Mass Care Services

Buìld our teams in peopte, s he{tering p ets medical reserye and CPOD resources

WORK PLANNED wHt I HE WUKñ t) úÈltlg wtrc

trainingstobuildcapacity¡nôreassuchas Training¡sneededínareasofmasscare'

s Care, CPOD, Medical Reserve Corps, sheltering and other areas that will be incredibiV

¡mportãnt during a prclonged or serious incident-

Coord¡nåte resource ready sites for shettering

activities-

ñctuL¡ vr I nE wvñ^

Documenteri ând vetted teåms estabiisheci ior use

in response and during preparedness exercises.

This increased capability will enhance our abilityetc

2

For aample, an identified gap is not enough to shelter and care for ¡ncident victims

sheltes for the number of people expected.

There are not enough ready sites fo¡ mass care to Preassigned and stocked stag¡ng areas, assembly

ãccomrnodãte the populat¡on of animals and sites and shelter sites rvith well versed volunteers

citizens that may be impacted when disaster hits. and equipment on site-

opportunities to ¡ncreâse th€ number of sites

n€eded to staff.

Prggrarn Area å¡1

Communications

Prøide Amotanr Radio Emergency Services (ARES) with the best possible eqa¡pment to better serue Clallam County in exercises ond real world â¡ents dnd

emergencies.

WORK PI-ANNED WHY THE WORK IS BEIilG DONE RESUTT OF THE WORK

Five Area Command Stations have been identified Robust and dependable connect¡vity throuSùout

within the Couñty to communicate informãtion- Clallam County, w¡th other count¡es, and Camp

The assigned communication equ¡pment b old, Murray as needed-

failing and ñeeds to be upgraded/replaced. Also.

add¡t¡onal stations would grexly enhance

communications if equ¡pment coub be gurchased

and staged-

Purchase equipment for Area Command Stations

keep up w¡th technokrgy demands. lnvestí8ate

PÎoúra.n Ärn¡SsCommun¡ty Resilience

lncreaæ the nu mber of cit¡zens troined in CERT Advanced CERI MYN, as ¡'¡'ell os MYNlhe next steps pro8mms Also provide educttionol presentations

lor outreûch in the community.

WORK PIAî¡HED WHY THE WORK 6 EEII{6 DOHE RESULT OFTHE WORK

moulage (appving mock injuries) worlchops More realist¡c props will cause the partic¡pants to Trainees and exercise participants will be more

encounterreâlisticsitustkrns,uppingthe¡rtensity committedtotheexperiencesandtheskills

of the experience. lea¡ned will be ingrained due to it's befierability-

: inttend andlor participate in training outsic¡e oi

lclallåm County

I

TraÍning in other cities, couni¡es, and regions will fraining will gíw exposute to new ideas añd best

.edd more connectedness for e rrgionai r€sponse, pract¡ces thåt can be brought back to Clellam

incorpûrat¡ng the whole community and best Counê¡-

practices.

CERI MYN, MRC, and other respooseteans have This traininglexercising will challenge teams to

never exercised during the hours of darkness. perform under conditions they may experience

dudng a real.world event. Tr¿in brthe'#orst and

expect the best.

3 Conduct night time tra¡nìng/exercises

rllJQ trElá^-CñrÉ)r: trtrVlA Ðaaa 1) ¡Í42 elallam County of, E'17-182

Exhibit D

TIMELINE

FFY 2016 Emergency Management Performance Grant program

DATE TASK

June 1 ,2016 Grant Agreement Start Date

April30,2017 Submit reimbursement request

August 31,2017 Grant Agreement End Date

October 15,2017 Submit fìnal reimbursement request, additional reports, and/ordeliverables.

DHS-FEMA-EMPG-FFY16 Page 23 of32 Clallam County ot, E17 -182

Exhibit E

BUDGET

l-l- Y zu'l b trrnergency ¡Ylallagelll ^-Á ñ^J-,-.._ - -^^ ^-^-L D'^^---ellt rgl lullÍd¡lus ut<lllt rlLrgl (rlll

f hÊnnvt- alnraHl I 4I.bJJ"UU

SOLUTION

AREA

(9zzzJo-

CATEGORY

Salaries & BenefitsOverti Backfill

Consu taGoods & ServicesTrave er Diem

Salaries & Eenefits

OvertimCons

s

EMPG AMOUNT MATCH AMOUNT

172 $

o28

3.2004L,655

8,500

12,500 41.,655

(

004,500

1.4,872

9,000

9,000

s

s

5

zoËNz('Éo

s

Subtotal 5

5

5

s0%

s

5

n

Goods & Services

ries & Benefits

¡¡¡ UV€ñlConsuGoods & Services

9rr,É,l¡¡xt¡¡

ractors

Subtotal 5

Subtotal $

s

Subtotal 5

)Subtotal S

Travel/Per Diem

('z2aÉ.l--

a.

dUJ

Salaries &OvertimConsulta

& Servicesr Diem

Salaries & 083

OvertiConsu ractors(Jooqs & )ervlcesTrave er Diem

lndirect

2,083 s

sTOTAI Grant Agreement AMOUNT: 5 41,655

. The Subrecipient will provide a match of $41,655, 50o/o oÍ the total project cost (local/tribal budget plus EMPG award),

of non-federal origin.. Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed

without prior written authorization from the Department.

Funding Source: U.S. Department of Homeland Security - Pl# 763PT - EMPG

d=

btotalSu

Co ntractors s

Contractors 5

4,000Per

6,272

nfJ q_trtrt\tÁ-tr i/lP(ì-trtrv1 6 Page24 oÍ32 Clallam County of, 817-182

Attachment #1

,f ÂElttl¡a ^...^-J

ñ--.----ar sr-rfrr\J ,{wdt u ¡Ju(;l¡lllgllIEMS-20 I 6-EP-00002-s0l

Alrgrd l¡tter

U.S. Department of Homeland SecurityWashington, D C 2A472

Bret DaughertyWashingon M il¡tary DepadmentBuilding 20Camp Murray, WA 98430 - 5122

Re. Grant No. EMS-201 6-EP-00002

Dear Bret Daugherty:

Congratulations, on behalf of the Department of Homeland SecuriÇ, your application for financial assistance sutunitted underthe Fiscal Year (Pf) 2016 Emergency Managemer¡t Performance Grants has been approved in the amount of 67,254.374.O0As a condition of this award, you are reguired to cor¡triþute a cost match in the amount oî 67,%4,374.00 of non-Federal funds,or 50 percent of the total approved project costs of$14,508,748.00

Before you request and receive any of the Federal funds awarfu to you, you must establish acceptance of Ûre award. Byaccepting this award, you acknowledge that the terms of the follorrving documents are incorporated into ge terms of youraward.

. Agreement Articles (athched to this Award Letter). Obligating Document (attacied to this Award LetteQ' Fy 2016 Energency Managenent Performance Grants Notice of Funding Opportunity

Please make sure you read, understand, and maintaín a copy of thæe documents in your official file for this award.

ln order to establish acceptance of the award ard its terns, pease follow these instructions.

Step 1. Please log in to the ND Grants system at https//portal.fema.gov.

Step 2: Afrer logging in, you will see the Home page with a Pending Tasks menu Clickon t¡e Pending Tasks menu, select theApplication sub-menu, and then click the link for "Award Offer Review'tasks. This link will navigate yo-u to Award packagesthat are pending review

Step 3. Click the Review Award Packaç ieon (wrench) to review the Award Package and accept or decline ¡e award. pleasesave or print the Award Paclcç for your records.

System for Award Managenent (SAM): Grant recipients are to keep all of their informatíon up to date in SAM, in parhottar,your organization's name, address, DUNS number, EIN and banking information. Please ensure that tlre DUNS number usedin SAM is lhe sarne ore used to apply for all FEMA awards. Fr.¡ture paynrents will be cont¡ngent on the inforrnatisn providedin the SAM; herefore, Ít is imperative that the irrl'ornntion is conect. The System for Award Manaçnent is located at http://\,lf,,Wv.Sam.OOV.

lf you have any questions or have updated your infonnation in SAM, please let your Grants Managëtr¡ent Speclallst (GMS)know as soon as possiHe. This will trelp use to make the necessary updates and avoid arry interrugions in the paymentprocess.

CHRISTINE JONIENTZ TRISLER

ÐHS-FEMA-EMPG.FFY16 Page25 ol32 Clallam County of ,817-182

Thu Oct 0'l 00:00:00 GMT 2015

U.S. Depadment of Homeland SecurityWashingon, D C 20472

AGREEMENT ARTICLESEnnrgency Management Perforn¡ance Grants

Article V

Article Vl

Article Vll

Adicie Vlll

Ariicle lX

Article X

Article Xf

Article Xll

Árfinlo Ylll

Artícle XIV

Article XV

Article XVI

Article XVll

Article XVlll

GRANTEE:l'1.((JLit<An,l:

AGREEMENT NUMBER:

Article I

Artícle ll

Article lll

Article lV

Washington Military Department

Emergency Management PerformanceGrants

EMS-201ÈEP-00002-S01

TABLE OF CONTENTS

Use of DHS Seal, Logo and Flaç

USA Patriot Act of 2001

Universal ldentifier and System of Award Managenent{sAM}

Reporting of Matters Related to Recipient lniegriÇ andPerformance

Rehabilitation Act of 1973

Trafficlang Victims Protection Act of 2000

Terrorist Financing

SAFECOM

Reporting Subawards and Execdive Compensaäon

Procurement of Recovered Materials

Patents and lntellectual Property Rights

Notice of Funding Opportunity Requirements

hlnn-c¡ rnnlanfinn Poar riromonl

Lobfing Prohibitions

Limited English Proficiency (Civil Rights Act of 1964, Title Vl)

Hotel and Motel Fire Safety Act of 1990

Fly America Act of 1974

.Best Pnacticæ for Collection and Use of Personallyldentifiaüe lnformation (Pll)

Anericans with Disabrilities Act of 1990

Aç Discrimination Actof 1975

Article XIX

Article XX

DHS.FEMA.EMPG.FFYl6 Page 26 of 32 Clallam County ol, E17-182

Article XXI

Article XXll

Article )(Xlll

Article XXIV

Article XXV

Article XXVI

Article XXVII

Article XXVlll

Article XXIX

Article XXX

Article XXXI

Article )(XXll

Article XXXlll

Article ÐO(lV

Article XXXV

Article þC(Vl

Article )(XXVIl

Article )OC(VIll

Activities Conducted Abroad

Acknowledgment of Federal Funding from DHS

Federal Leadership on Reducing ïext Messaging whileDriving

Federal Debt Status

False Claims Act and Program Fraud Civil Remedies

Energy Policy and Conservation Act

Education Amendments of 1972 (Equal Opportunity in

Education Act) - Title lX

Duplication of Benefits

Drug-Free Wortçlace Regulatio ns

Debarment and Suspension

Copyright

CivilRights Act of 1968

Civrl Rights Act of 1964 - Trtle Vl

DHS Specific Acknowledgements and Assurances

Assurances, Administrative Requirenrents, Cost Principles,and Audit Requirements

Whistleblc¡¡ver Protection Act

National Ervironmental Policy Act

Nondiscrimination in Matters Pertaining to Faith-basedOrganizations

Article I - Use of DHS Seal, Logo and Flags

All recipients must obta¡n permission from their financial assistance office, prior to using the DHS seal(s), logos, crests orreproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests

or reproduotions of flaç or likenesses of Coast Guard officials.

Article ll - USA Patriot Act of ã)01

All recipíents must comply with requiremenls of the Uniting atd Strspthening Amerha by Provþúnq Apprryiate TælsRegu¡7ed fo /nfercqpf ard Oösfnrcf lenorism Acf (USA PATRIOT Act), which amends 18 U.S.C. sectíons175 175c

Article lll - Universal ldentifier and System of Artard |tJtanagement (SAM)

All recipients are required to comgy with the requirements set forh in the government-wide Award Term regarding the Systemfor Award Management and Universal ldentifier Requirements located at 2 C.F.R. Part 25, AppendÍx A, the full teK of which is

incorporated here by reference in the terrns and condÍtions of your alard.

Article lV - Reporting of ltJlatters Related to Recipient lntegdtyand Performance

lf the total value of your cunently active grants, cooperalive agreeneds, and procurement contracts fromall Federal

ass¡stanceofficeexceeds$10,000,0mforarry periodof timeduringtlnperiodof performanceof ttisFederal award, you

must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient lrüegrity ardPerformance Matters located at 2 C.F.R. Part 200. Apændix Xll. the full text of wh¡ch is incorporated here by reference in the

terms and conditions of your award.

Article V - Rehabilitation Act of {973

DHS-FEMA-EMPG-FFY16 Page27 of32 Clallam County ol, 817 -182

All recipients musi comply with tle requirements of Section 504 of the Rehabilttatiort Act of 1973,29 U.S.C. section 794, as

amended, which provides ihai no othei-wise quaiifìed handicapped individual in the United States will, solely by reason cf the

handicap, be exciucied irom participaiion in, be cjeniecj ihe benefris oí, or be sub¡ected to disc¡'imii-aiion unde¡'a¡'ìy píoEram oí

activity receiving Federal financial assistance

Article Vl - Trafficking Victims Protection Act of 2000

All recipients must comply with the requirements of the government-v¡ide award term which implements Section 106(9) of the

Tntricking Victins Prdætion Act of 2000, IfVPA) as amended (22 U.S.C. section 7104) The award term is located at 2 CFR

section 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award.

Article Vll - Terrorist Financing

All recipients must comply wilhE.O. 13224 and U.S lav¡ that prohibit transact¡ons with, and the provisions of resources

and support to, individuals and organ¡zations associated with terrorism lt is the legal responsibiliÇ of recipients to ensure

compl¡ance with the Order and laws.

Article Vlll - SAFECOM

All recipients who rece¡ve awards made under programs that provide emergency communication equipment and its related

activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical

standards that ensure and enhance interoperable communications.

Artiele lX - Reporting Subarards and Executive Compensation

All recipients are requ¡red to com$y with the requiremeíìts set forth ¡n the government-w¡de Award Term on Report¡ng

Subawa¡-ds and g1efttive Compensation læ,ated at 2 C.F-R. Part 170. Appendix A. the full text of whicù is irreorporated here

by reference in the terms and condit¡ons of your award-

Article X - Procurernent of Recovered ltJtaterials

All recipients must comply with Section 6002 of the Solid Waste Dispsal Act, as amended by the Resor¡rce Corservafibn ar¡tJ

Ræove¡y Ar:¡.. The requiænenb of Section 6@2 include procuring only items desígnated in guidelines of the Environmentalprotection Agency (EPA) at ¿10 C.F.R. Part 247 that contain the highest percentage of recovered materials practicaue,

consistent with maintaining a satisfactory level of competition

Article Xl - Patents and lntellec{ual Property Rights

Unless otherwise províded by law, recipients are subject to the Bayh-Dole Act. R:þ. L No. 96-517, as amended, and codified

in 35 U.S._C. sçc{on 200 et seq. All recipients are subject to the specific requirements governing the development, reporting,

anO O¡iporit¡òn of rights to irventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and

the standard patent rights clause located at 37 C F.R. section 401 .14-

Article Xll - Notice of Funding Opportunity Requirernents

All of the instructiors, guidarrce, limitations, and other conditiors set forth in the Notice of Funding Opportunity (NOFO) for this

program are incorporateci here by reference írr the terms ar ru-- conditions of iour award. All i'ecipients must compl'y l.''lth an'y'

such requirements set forth in the program NOFO.

Article Xlll - Noneupplanting Requirement

All recipients who receive awards made urder programs that prohibit supplanting by law must eræure that Federal funds do

noi repiace (supplant) furrds that have been h.idçted íor the same purpose through non-Federai sources.

Article XIV - Lobbying Prohibitions

All recipients must comply vrith 31 U.S.C. section 1352, which provides that none of tl'e funds províded under an award may

be expended by the recipient to pay any person to influence, or attempt to influence an officer or empoyee of ary agency, a

Member of Congress, an officer or employee of Corgress, or an employee of a Member of Congress in conr¡ection with arry

Federal action conceming the award or renqval.

Article XV - L¡nfted Engl'rsh Proficiency (Civil Rights Ac't of l!l&1, Title Vl)

DHS-FEMA-EMPG-FFY16 Page 28 of 32 Clallam County of E17-182

All recipients must comply with the Title Vl of the Civil Rìghts Act of 1964 (Title Vl) prohibition against discrimination onthe basis of national origin, which requires that recipients of federal financial asslstance take reasonable steps to provrdemeaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistanceand information regarding language access obligations, please refer to the DHS Recipient Guidance httos.l/www dhs gov/guidance-g.rblished-help-department-supported-organizations-provide-meaningful-access-peoole-limited and additionalresources on http.//www, lep. gov.

Article XVI - Hotel and f\llotel Fire Safety Act of ISO

ln accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. sectron 2225a. all recipients mustensure that all conference, meeting, corvention. or tra¡n¡ng space funded in whole or in part with Federal funds complies rviththefirepreventionandcontrol guidelinesof theFedrya/FirePreventionandControl Actof 1974, asamended, 15U.SCsection 2225.

Article XVll - Fly America Act of 1974

All recipients must comply with Prefererae for U.S. Flag Air Carriers: (air caniers holding certificates under 49 U S C.

section 41 102) for international air transportation of people and property to the extent that such service is available, inaccordance with the lntsnational Air Tnnsportation Fair Competitive Practicæ Act of 1974 (49 U.S.C section 40118) andthe interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 , arnendment toComptrof ler Gener¿l Decision 9-138942.

Article Xvlll - Best Pracfices for Collection and Use of Personally ldentifiable lnformation (Pll)

DHS defines personally identifiaUe ir¡formation (Pf l) as any information that permits the ¡dentity of an individual to be directlyor indirectly inferred, including any information that is liirked or linkade to that individuaf. All rrlcipíents who collect Pll arerequired to have a plblically-avaílable privacy policy that describes standards on the usage and maintenance of Pll theycollect. Award recipients may also f¡nd as a useful resource the DHS Privacy lmpad Assessments: Privacy Guidance andPrivacv template respectively.

Article XIX - Arnericans with Disabilities Act of 19f10

All recipients must comply with the requirements of ïitles l, ll, and lllof the Amqicanswith Disabilities Ac( which prohibitsrecipients from discriminating on the basis of disability in the operation of public entities, puHic and private transportationsystems, places of public accomrnodation, and certain testing entities. {42 U.S.C. sectiors 12'101 ',l2213).

Article XX - Age Discriminlion Act of f 975

All recipients must comply with the requirements of the Age Diærimination,4cf of l9Z5 Oitle 42 U.S. Code section 6101 efgg.l,which prohibits discrimination on the basis of age in arry/ program or activity receiving Federal financial assistance

Article XXI - Activities Conducted Abroad

All recipients must ersure that project activities carr¡ed on outside the United States are coordinated as necessary withappopríate governmeñt authorities and that appropriate licenses, permits, or approvals are oþtairred.

Article XXll - Acknowledgment of Federal Funding ffom DHS

All recipients must acknc¡r,vledge tleír use of federal funding when issuing statenents, press releases, requests for proposals,bid invitations, and other docurnents describing projects or programs funded in whole or in part with Federal funds

Article XXlll - Federal Leadership on Reducing lext ltJbssaging while Driving

All recipients are encouraged to ado$ and enforce fulicies that ban text messaging while driving as described in E.O.13513. including conducting initiatives described in Section 3(a) of the Order when on official Government h.siness or whenperformirg any work for or on behalf of the federal government

Article XXV - Federal tþbt Sffius

All recipients are required to be non-delinquent in tlrcir repayment of any Federal detû. Examples of relevar¡t debt includedelinquent payroll ard othertaxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

Article KXV'False Claims Actand Program Fraud Civil Remedies

DHS-FEMA-EMPG-FFY16 Page 29 of 32 Clallam County ot, 817 -182

All recipients must comply with the requirements of 31 U S.C. section 3729 - 3733 which prohibits the submission of false orfrauriuieni ciaims for paymeni to ihe Fede¡-al Gove¡-nment. See 31 U.S.C. section 3801-3812 which details the administrativeremedies ior iaise ciaims anci siaiemenis made.

Article XXVI - Energy Policy and Conservatíon Act

All recipients must comply with the requirements of 42 U S.C. section 6201 which contaÌn policies relating to energy efficiencythat are defined in the state energy conservation plan issued in compliance with this Act.

Articfe XXVII - Education Amendments ot 1972 (Equal Opportunity in Education Act) - Title lX

All recipients must comply with the requirements of ïitle lX of the Education Amendments of 1922 (20 U.S.C. section 1681ef .-E ), which provide ürat no person in the United States will, on the basis of sex, be excluded from participation in, bedenied the benefits of, or be subjected to díscrimination under any educational program or activiÇ receiving Federal financialassistance. DHS implementing regulations are codified at 6 C.F R Part 17 and 44 C.F R Part 19

Article XXVlll - Ouplication of Eenefits

Any cost allocable to a particular Federalaward provided for in 2 C.F.R. I%rt 200. Subpart E may not be charged to otherFederal awards to overcome fund deflciencies, to avoid restr¡ct¡ons imposed by Federal statutes, regulations, or terms andconditions of the Federal awards, or for other reasons. However, this prohibition would rpt preclude a recipient form shiftingcosts that are allowable under two or more Federal awards in accordance with existing Federal stat¡-¡tes, regulatiorn, or theterms and conditions of the Federal award.

Article XXIX - Drugfree Worþlace Regulations

All i"ecipienis must comply with the Drtq-Fræ Wøkplæe Act of 1988(41 U.S.C. sætion ZC1 ef sq.i, which requii'es aliorganizations reoeiving grants from any Federal agency agree to maintain a dng-free workplace- DHS has adopted theAct's implementing regulations at 2 C.F.R Fart 3@1.

Article XXX - Debarment and Suspension

All reclpíents are subject to the non-procurement debafl'nerìt and susperìsion regulations implernenting Executive Orders12549 and 12689. and 2 C.F.R. Part 180. These regulations restrict awards, subawards, ard cor¡tracb with certain parties thatare debaned, susperded, or otherwise excluded from or ineligible for participation in federal assistance prograrrls or ac{ivities.

Article Ð(Xl - Copyright

All recipients must affix the appicable coryright notices of 17 U.S-C sections 401 or 402 and an acknowledgement ofGovernnent sponsorship (including award number) to any work first produced under Federal financial ass¡stance awards,

Article XXXII - Givil Rights Act of l9€8

nii recipients must compiy wiih Tiiie Viii oi the Crul Rlgnts Aci of f 968, which prohihits recipienis írom discrimirnäng inthe sale, rental, financir€, and adveräsiltg of dwellit'gs, or in the provlsion of services in connection therewith, on the basisof r¿ce, cûlor, national origin, religion, disability, familial status, and sex (42 ti.S.C. section 3601 et seq.), as implementedby the Depadment of l-iot¡sing and Urban Deveiopment at 24 C.F.R. Part 100. The pohii:ition on ciísabiiity ciiscriminaiionincludes the requirement tlnt new multifamily housing with four or more dwelling units i.e., the pblic and common use areasanci inciividuaí apartmeni units (aii unib in buiídings wäh elevators anci ground-fioor units in buiidinç wÍtirout eievaiors) bedesigned and cor¡structed with certain accessiile features (See 24 C.F.R. sec,tion 100.201).

Article X)(Xfi - Givil RighG Act of 1964 - Tiüe Vl

All recipients must comply witþ tl'e requírements of ïitle Vl of the CivilRþhts Act d 1964 (42 U.S.C. section 2000d ef sE.),which povides that no person in the UnÍted States will, on the grounds of race, color, or natíonal origin, be exduded tromparticipation in, be denied tlp benefits of, or be subjected to discrimination urder any program or activity receiving Federalfinancial assistarce. DHS implementing regulalions for the Act are found at 6 C.F. R., Part 21 and 44 C.F.R. Part 7.

Article XXXM - DHS Specific Acknowledgements and Assurances

All recipients, sub-recipients, successots, transferees, and assigrees must acknowledç and agree to comply with applicableprovisiors governing DHS access to recordq accounts, docunents, ir¡formation, facilities, and staff.

DHS-FEMA.EMPG-FFY16 Fage 30 of32 Clallam County ol E17-182

1. Recipients must cooperate with any compliance reviews or compliance irvestigations conducted by DHS.

2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and otier documents andsources of information related to the award and permit access to facilities, personnel, and other individuals and ir¡formation as

may be necessary, as required by DHS regulations and other applicable laws or program guidance.

3. Recipients must submit timely, complete. and accurate reports to the appropriate DHS officials and maintain appropriate

backup documentation to support the reports

4. Recipients must comply with all other special reporting, data collection, and evaluatton requirenrents, as prescribed by law

or detailed in program guidance.

5 lf, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, nationalorigin (including limited English proficiency), sex, age, disability, religion, or familial status, the reciptent must provide a listof all such proceedings, pending or completed. including or¡tcome and copies of settlement agreements to the DHS financial

assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl@hq.dhs.gov or by mail at U.S.

Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D C.

20528

6. ln 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 bmilial status against the recipient, or the recipientsettles a qase or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS

financial assistance office and the CRCL office by e-mail or mail at tl¡e addresses listed above.

The United States has the right to seek judicial enforcement of thæe obligations.

Article X)(XV - Assurances, Administrative Requirements, Cost Principles, and AudÍt Requirenrents

DHS financial assistance recipíents must complete eíther the OMB Standard Form 4248 Assurances - Non-ConstructionPrwrams or OMB Standard Form 424D Assurarpes - Corstruction Programs as applicable. Certain assurances in thesedocuments may not be applicable to your program, and the DHS finarpial assisbnce office may require applicants to certifi¡

additional assurances Applicants are required to fill out the assurances applicable to their program as instructed by theawarding agency. Please contact the financial assistance office Íf you have arnT questions.

DHS financial assistance recipients are required to follow the applicaUe provisions of tle Uniform AdministrativeRequirements, Cost Principles, and Audit Requirements for Fedeml Awards located at 2 C.F.R. Part 200, and adopted by

DHS at 2 C.F.R. Part 3002.

Article XXXVI - Whistleblorver Protection Act

All recipients must comply with the statr.rtory requirenents for whistleblower protections (if applicable) at 10 U.S.C section24A9.41 U.S C. 4712. and 10 U.S.C. section 2324. 41 U.S.C. sections 4304 and 4310.

Article XXXVII - National Environmental PolicyAct

All recipients must comply with the requirements of the National Er¡vironmental Policy Act (ltlEPA) and the Councll on

Environnental Quality (CEQ) Regulations for lmplemerrting ttæ Procedural Provisions of NEPA, which requires recipients touse all practicable means within their adhority, and consistent with other essential considerations of national policy, to create

and maintain conditions under which people and nature can exist in prodrctive hanrpry and fulfill tlp social, economic, and

other reeds of preser¡t and i¡ture generations of Americans.

Article XXXVfll - Nondiscrimination in lJlatters Pertainitg to Faíttt''bæed Organizations

Faith-based organizations are, under 6 C.F.R. Part 19. afforded certain protectiors ãs it relates to elþibilrty to receive financial

assistance from DHS for social service programs, or to participate in social service progrars administered or finarned by

DHS. Organizations that receive financial assistance from DHS for a social service progr¿¡m or participate in DHS social

serv¡ce programs have an oiligation to cpmply with the eqtal teatment policies and requirements conhined in 6 C.F. R. Part

19, which, among otl-er provisions, prohibÍt recipient organizations from discriminating agøinst beneficiaries on the þasis

of religion or religious beliel a refusal to told a religious belief, or a reftsal to attend or participate ín a religious pradice;

and generally require recipients sutied to the rule to provide certain potections, ard notice of those protections, to their

beneficiaries. Recipients mtlstalso comply with any other policies and procedures regarding the participation of faitr-basedorganzatiors contained in appllcable stattrteg regulations, ard guidance goveming individual DHS programs.

DHS-FEMA-EMPG-FFY16 Page 3l of32 Clallam County of, E17-182

Obli¡.atins lloci¡m enl for Awsrd/A¡nçndûrent- --.È-'F.à

fa. AGREEMENT NO.EMS-201 6-EP-00002-S01

y t\AIvlt:, u¡ Kt(,tr,lEt\ I

PROJECT OFFICERSierra Wardell

I 1, EFFECTIVE DATE OF

THIS ACTION10t01i2015

Emergency 97.M2lvfanagementPerlonnanceGrants

TOTAI,S

2 3. RECIP{ENT NOAMENDM ENIg160Û1095GNO

12.

IvfETHODOFPAYMENTPARS

4 TYPEOF 5 CONTROLNO.ACTION FY2O16R1OEMPGAWARD

ó RECTPIENT NAN,ÍE AND 7 ISSLI}IG FEN,L\ OFFICE,ANDADDRESS ADDRESSWashington Vtilitary Grant Operations

Department 24-'r r\,4urray Lane - Building 4lt), SWBuilding 20 Wasfungton DC, 20-i28-70tx)

Camp tr4urray. W.t 9843ú - POC: 866-927-56465t22

8 PAYN,,ÍENT OFFICE ÀNID ADDRESSFr¡rancial Services Branch

5(.rt-) (l Street, S.W , Room 7?J

Washington DC. 2047?

I4 PERFORTV,ANCEPEzuOD

PHONE NO lt) NAN.'IEOF FElvfAPRO,IECT COORDINATOIì253-512-7121 Central Scheduling and Informaúon Desk

Phone: 800-368-6498Email. Fu;kcsid@dhs.gov

I 3 ASSISTAN-CE .4RRÀNGEN,{ENTCost Re.imbt¡rse ment

I < ñÊql-ÞTDTTalÌ\T rìF ^

1-'rTal\l

a. (lndicato ftmding data for awards or financial changes)

PROGRAM CFDANO. ACCOUNTINGDATANAME (ACCS CODE)ACRO¡rrid )oao(Jaü-)oQoQc(-

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PRiORTOTAIAWARD

AMOUI'ITAIVARDEDI nI^)ACTION+ oRG)

CLIRRENTrOTATAlVARD

From:10to1na15

Budgei Period10to1t2015

To:09f30t2017

09ß0/2017

CTMWATIVENON-FEDERAL COMMTMENT

See Totals201GEM-DI11-Rl07--4101-D

$0.00 $7.?54,37 4.00 $7,254.37 4.0t'l

s0.00 $7354J1 4.00 5W,54,31 4.N 913,54,374.t0

b. To describe changes other than fimding data or hnancial changes, attach schedule and check here.

N/A

16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND R-ETURN THREE (3) COPIES oF THISÐOCUMENT TO FEtvfA (See Block 7 for address)

Emergency lvfanagement Performance Grants recþients are not required to sign and refum copies olthis document. However. recipientsshould print and keep a copy ofthis Cccument for their records.

l6b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN

This assistance is suQect to terms a¡rd conditions ¿ttached to this ewârd notice or by incoçorated reference in program legislation citedabove.

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATESierra \il'ardell, Preparedness Grants SectionProgmm Manager

ijl$a7a]5.2!.5qG¡4l'18. FEMA SIGNATORY OFFICIAL (Name and Title) DATEKIMBERLY PEIIIFOLD, WedAug l0 17.4317 GlvfJ

2016

nuê EEtt^ EtrDrl cry{aLJñrJ-FElviÊ1-Éivlr\J-f i- r IO Ðqaa aO a( 2.) Clellam fìnr¡nfv ^f tr17-1A2