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Contract - 01-28-2020 - 10540 - NG911 National Highway Traffic Safety Administration Federal Grant AgreementAS -10540
BOCC Agenda
Meeting Date: 01/28/2020
NG911 National Highway Traffic Safety Administration Federal Grant Agreement
Submitted For: Phil Jurmu Submitted By: Rachael Fair
Department: 911 Communications Center
Information
Motion Items 4.
Subject and Summary Statement
The Cowlitz and Clark County Next Generation (NG)911 project is a continuation of previous
projects to improve interoperability, resilience, reliability, redundancy, security, reduce costs,
improve service, and a commitment to fully utilize NG911 technologies. Clark County will host
like Computer Aided Dispatch (CAD) systems so both counties can fully utilize the NG911
Multiprotocol Label Switching (MPLS) network via the State of Washington's Emergency Services
Network (ESinet II), this will allow multiple counties to share 911 emergency call details in real
time. By sharing data CAD to CAD, this will allow Public Safety Answering Points (PSAPs) to
share 911 call information without delay, or take information for another PSAP, enter details of
call directly into their own CAD, while simultaneously sharing the 911 call details with another
PSAP via CAD to CAD without picking up the phone.
Project to be completed in stages:
Phase 1: Consultant/project management contract/planning/development/design
Phase 2: CAD upgrade
Phase 3: CAD network connectivity
Phase 4: CAD to CAD interface with multiple counties.
The grant requires a 40% match from Cowlitz 911, which is included in our 2020 budget. Cowlitz
911 anticipates the project completion early 2021.
Will Staff Attend - NAME OF STAFF
YES- Phil or Deanna
Department Recommendation
It is the recommendation of Cowlitz 911 Executive Board Members and 911 staff to enter into this
agreement with Washington State E911, funded by the National Highway Traffic Safey Administration,
NHTSA, to 911 upgrade CAD and other technical software and hardware equipment, while reducing
ongoing operational costs, and increasing technical support, improving 911 services to the citizens, first
responders, and 911 staff, in addition to improving redundancy, mutual aid, and interoperability via MPLS
network resulting in improved coordination of regional resources deployed to emergency responses.
Fiscal Impact
Expenditure Required $: 402,666.00
Budget Sufficient Y -N: Y
Amendment Required Y -N: N
Source of Funds - What Dept ? : 911
Grant Y -N: N
Expenditure Required $: 604,000.00
Budget Sufficient Y -N: y
Amendment Required Y -N: n
Source of Funds - What Dept ? : 911
Grant Y -N: y
E20-186 Cowlitz NG911 Grant
Signature Authorization page 1
Signature Authorization page 2
Inbox
Deanna Wells
Tiffany Ostreim, Clerk of the Board
Form Started By: Rachael Fair
Final Approval Date: 01/13/2020
Attachments
Form Review
Reviewed By
Deanna Wells
Tiffany Ostreim
Date
01/08/2020 01:51 PM
01/13/2020 11:45 AM
Started On: 01/08/2020 12:05 PM
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
Cowlitz 911 Public Authority
DATE SUBMITTED
PROJECT DESCRIPTION
911 Federal Grant
CONTRACT NUMBER
E20-186
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Jo.a Gardner Cowlitz County Commissioner
Arne Mortensen Cowlitz County Commissioner
Dennis Weber Cowlitz County Commissoner
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
jp Phil Jurmu 911 Executive Director
Kurt Williams Finance Director
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
W s \ V
Deanna Wells IT Technical Vendor Manager
Kurt Williams Finance Director
11NAC-11VOL11HOME\KARENB\....1WPISIGNAUTH Revised 3/03
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
Cowlitz 911 Public Authority (p.2)
DATE SUBMITTED
PROJECT DESCRIPTION
911 Federal Grant
CONTRACT NUMBER
E20-186
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
see previous form
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
see previous form
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SI NATUR • PRINT OR TYPE NAME TITLE
Rachael Fair Finance Admin Specialist
A.A.);, Brianna Harvill Administrative Assistant
MAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
Washington State Military Department
NG911 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA)
FEDERAL GRANT AGREEMENT FACE SHEET
RECEIVED
FEB 0 7 2020
1 Subrecipient Name and Address:
Cowlitz 911
312 SW 1st Ave
Kelso, WA 98626-1739
2. Total Grant Amount:
604,000.00
3. Grant Number:
E20-186
4. Subrecipient Contact Person, phone/email:
Deanna Wells 360-431-4712 wellsd@co.cowlitz.wa.us
5. Grant Start Date:
August 9, 2019
6. Grant End Date:
March 31, 2022
7. Department Program Manager, phone/email:
Lisa Barbier, 253-512-7015 lisa.barbier@mil.wa.gov
8. Data Universal Numbering System
DUNS): 081359906
9. UBI # (state revenue):
604246289
10 Funding Authority: Washington State Military Department ( "DEPARTMENT"), and National Highway Traffic Safety
Administration ("NHTSA")
11. Unique Federal Award
Identification Number (FAIN)#:
69N37619300000911WAO
12. Program Index #
783CA
13. Catalog of Federal Domestic Asst. (CFDA) # & Title:
20.615 911 Grant Program
14. Total Federal Award Amount: $2,862,056 15. Federal Award Date: 8/9/2019
16. Service Districts:
BY LEGISLATIVE DISTRICT): 19
BY CONGRESSIONAL DISTRICT): 3
17. Service Area by County(ies):
Cowlitz County
18. Women/Minority-Owned,
Certified?
State
@N/A • NO
YES, OMWBE #
19. Contract Classification:
Public/Local Gov't
Other
20. Contract Type (check all that apply):
Personal Services • Client Services 1 Contract i1 Grant /:/ Agreement
Collaborative Research • A/E • Intergovernmental (RCW 39.34) • Interagency
21 Contractor Selection Process:
Competitive Bidding
N/A
22. Contractor Type (check all
PJ Private Organization/Individual
i Public Organization/Jurisdiction
that apply)
To all who apply & qualify" • For -Profit
Sole Source • A/E RCW • 1 Non -Profit
Advertised? • YES NO VENDOR @ SUBRECIPIENT @ OTHER
23 PURPOSE/DESCRIPTION:
The NG911 Advancement Act provides new funding for grants to be used
services, migration to an Internet Protocol (IP) -enabled emergency network,
services and applications; the implementation of IP -enabled emergency
the establishment of IP backbone networks and the application layer
emergency response organizations; and training public safety personnel,
organizations who are part of the emergency response chain in 911 services
The DEPARTMENT is Recipient and Pass-through Entity of the 911 Grant
Attachment F, and is making a subaward of Federal award funds to the SUBRECIPIENT
is accountable to the DEPARTMENT for use of Federal award funds provided
for the implementation and operation of 911 services, E911
and adoption and operation of Next Generation (NG)911
services and applications enabled by NG911 services, including
software infrastructure needed to interconnect the multitude of
including call -takers, first responders, and other individuals and
Program Award, which is incorporated in and attached as
pursuant to this agreement. The SUBRECIPIENT
under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT have executed this Agreement as of the date and year specified below.
This Agreement Face Sheet; Special Terms and Conditions (Attachment A); General Terms and Conditions (Attachment B); Statement of
Work and/or Description of Project (Attachment C); Project Development Schedule (Attachment D); Project Budget (Attachment E); NHTSA
Award Letter (Attachment F), Federal Funding Accountability and Transparency Act (FFATA) Form (Attachment G); Audit Certification Form
Attachment H); and Debarment Certification Form (Attachment ILgovern the rights and obligations of the Parties to this Agreement.
In the event of an inconsistency in this Agreement, unless otherwise provided, the inconsistency shall be resolved by giving precedence in
the following order:
a) Applicable Federal and State Statutes and Regulations, (d) Special Terms and Conditions,
b) Agency Award Letter, Addendum, and Special Conditions, (e) General Terms and Conditions, and
c) Statement of Work and/or Project Description, (f) Other provisions of the Agreement incorporated by reference.
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding
the subject matter of this agreement shall be deemed to exist or to bind any of the Parties hereto
WHEREAS, the parties have executed this Agreement on the
FOR THE DEPARTMENT:
4...--i ..1i -----A 2,1_ 4.4-4- t12-/ I 0,/,..2- tie; 0
day and year last specified below.
FOR THE SUBRECIPIENT.
Sig ure Date
Reagan Anne Hesse, Chief Financial Officer
Washington State Military Department
APPROVED AS TO FORM
Signature on File 11/15/2019
Signature Date
Joseph Gardner
Cowlitz County Commissioner
Chair of Cowlitz 911 Public Authority
Cowlitz County —Cowlitz 911 Public Authority
Additional Signatures on next pageDawnC. Cortez, Assistant Attorney General Date
911 USDOT Federal Grant Agreement Page 1 of 35 Cowlitz/Clark CAD Host Remote, E20-186
FOR THE SUBRECIPIENT:
s f 44-ta ...
eiEL 0-6
Signature Date
Arne Mortensen
Cowlitz County Commissioner
Cowlitz County
acthetian) S• ddb
P>Oavee Signature Date
Dennis Weber
Cowlitz County Commissioner
Cowlitz County
911 USDOT Federal Grant Agreement
Signature
Phil Jurmu
911 Executive Director
Cowlitz 911 Public Authority
Date
Page 2 of 35 Cowlitz/Clark CAD Host Remote, E20-186
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
Cowlitz 911 Public Authority
DATE SUBMITTED
0 2,_6 `1 —2,6 Zb
PROJECT DESCRIPTION
911 Federal Grant
CONTRACT NUMBER
E20-186
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
t4
Joe. Gardner Cowlitz County Commissioner
911 Executive Director
Arne Mortensen Cowlitz County Commissioner
n
C1\ci .s\0.,,,i, t4.
Dennis Weber Cowlitz County Commissoner
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
t4 Phil Jurmu 911 Executive Director
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Deanna Wells IT Technical Vendor Manager
4/ftvi Kurt Williams Finance Director
NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
NAME OF ORGANIZATION
Cowlitz 911 Public Authority (p.2)
DATE SUBMITTED
PROJECT DESCRIPTION
911 Federal Grant
CONTRACT NUMBER
E20-186
AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
see previous form
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
see previous form
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
z
7a,
dill Rachael Fair Finance Admin Specialist
Brianna Harvill Administrative Assistant
NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03
ATTACHMENT A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL:
The individuals listed below shall be considered Key Personnel for point of contact under this Agreement; however,
either party may designate a substitute by advance written notification to the other party.
SUBRECIPIENT: DEPARTMENT:
Name Deanna Wells Name Lisa Barbier
Title IT Technical Vendor Manager Title Statewide Services Program Manager
E -Mail wellsd@co.cowlitz.wa.us E -Mail lisa.barbier@mil.wa.gov
Phone 360-431-4712 Phone 253-512-7015
Name Kurt Williams Name Cathy Jones -Gooding
Title Cowlitz County Finance Director Title SECO Deputy of Operations
E -Mail willamsk@co.cowlitz.wa.us E -Mail cathy.jones-gooding@mil.wa.gov
Phone 360-577-3065 x 6982 Phone 253-512-7482
Name Rachael Fair Name Adam Wasserman
Title Finance Admin Specialist Title Washington State 911 Coordinator
E -Mail fairr@co.cowlitz.wa.us E -Mail adam.wasserman@mil.wa.gov
Phone 360-577-3179 x 8353 Phone 253-512-7468
Name Briana Harvill
Title Administrative Assistant
E -Mail harvillb@co.cowlitz.wa.us
Phone 360-577-3179 x 8356
ARTICLE II. ADMINISTRATIVE REQUIREMENTS:
The SUBRECIPIENT shall comply with all applicable statutes and federal laws, rules, regulations, requirements,
and program guidance identified or referenced in this Agreement and the informational documents published by
The National Telecommunications and Information Administration (NTIA) and The National Highway Traffic Safety
Administration (NHTSA) also referred to as (the Agencies) applicable to the 911 Grant Program including, but not
limited to, all criteria, restrictions, and requirements of the 911 Grant Program Notice of Funding Opportunity
NOFO) and the 911 Grant Program Revision to the NOFO available at https://www.grants.gov/web/grants/view-
opportunitv.html?oppld=307868 and https://mil.wa.qov/911-qrants all of which are incorporated by reference. The
Award Letter and its attachments are incorporated in this Agreement as Attachment F.
a) 47 CFR Part 400, 911 Grant Program
b) 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements, including
Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters
c) 2 CFR Part 1201, Department of Transportation, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards
d) 2 CFR Part 1327, Department of Commerce, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
e) 2 CFR Part 25, Financial Assistance Use of Universal Identifier and System for Award Management
f) 2 CFR Part 170, Reporting Sub -award and Executive Compensation Information
g) Whistleblower protections, including 10 U.S.C. 2409, 41 U.S.0 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304
and 4310
h) Executive Order 13043, Increasing Seat Belt Use in the United States
i) Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The SUBRECIPIENT agrees that it
will not hold the DEPARTMENT, the State of Washington, or the United States liable for any damages, claim for
911 USDOT Federal Grant Agreement Page 3 of 35 Cowlitz/Clark CAD Host Remote, E20-186
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
ARTICLE III. STATE AND FEDERAL REQUIREMENTS FOR 911 GRANT PROGRAM:
The following requirements apply to the 911 Grant Program administered by the DEPARTMENT:
A. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
1. The SUBRECIPIENT must make a case-by-case determination whether each agreement it makes for the
disbursement of 911 grant funds received under this Agreement casts the party receiving the funds in the
role of a subrecipient or contractor in accordance with 2 CFR 200.330.
2. If the SUBRECIPIENT becomes a pass-through entity by making a subaward to a non-federal entity as its
SUBRECIPIENT:
a. The SUBRECEIPIENT must comply with all federal laws and regulations applicable to pass-through
entities of 911 Grant Program funds, but not limited to, those contained in 2 CFR 200.
b. The SUBRECIPIENT shall require any of its SUBRECIPIENTS to comply with all applicable state and
federal laws, rules, regulations, requirements, and program guidance identified or referenced in this
Agreement and the informational documents published by the Agencies applicable to the 911 Grant
Program; including, but not limited to, all criteria, restrictions, and requirements of the 911 Grant
Program NOFO and the 911 Grant Program Revision to the NOFO available at
https://www.grants.gov/web/grants/view-opportunitv.html?oppld=307868 and https://mil.wa.gov/911-
grants all of which are incorporated herein by reference. The Award Letter and its attachments are
incorporated in this Agreement as Attachment F.
c. The SUBRECIPIENT shall be responsible to the DEPARTMENT for ensuring all 911 Grant Program
federal award funds, and associated matching funds provided to the SUBRECIPIENT are used in
accordance with applicable federal and state statutes and regulations, and the terms and conditions for
the federal award.
B. PROJECT FUNDING
The DEPARTMENT will administer the 911 Grant Program and will pass through the federal match. The
SUBRECIPIENT commits to providing the required local match.
The 911 Grant Program requires cost sharing, also known as a matching fund requirement. By statute, the
Federal share of the cost of any activity carried out under the 911 Grant Program may not exceed 60 percent
of the eligible cost of carrying out grant activities. Matching funds may be in the form of either cash or in-kind
contributions consistent with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards at 2 CFR Part 200.
1. In-kind contributions must be allowable project expenses. The Agencies encourage applicants to
thoroughly consider potential sources of in-kind contributions that, depending on the property or service
and the applicable Office of Management and Budget (OMB) cost principles, could include employee or
volunteer services; equipment; supplies; indirect costs, computer hardware and software; and use of
facilities. The total cost of the project (total project cost) for the purposes of this Agreement is
1,006,666.67 dollars; PROVIDED that, if the total cost of the project when completed, or when this
Agreement is terminated, is actually less than above, the actual cost shall be substituted herein.
2. The value of the contributions by the SUBRECIPIENT to the project shall be $402,666.67 dollars, or 40
percent, at minimum, of the total project cost. The SUBRECIPIENT's contributions may be cash or in-kind,
must be from a non-federal source, must be reasonable, allowable and allocable, must be an eligible use
described in subsection 6.a., below, not be an ineligible cost described in subsection 6.b. below, and must
comply with all Federal requirements and regulations.
3. The federal contribution to this project will be $604,000.00 dollars, or 60 percent of the total project cost,
whichever is less.
4. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in Subsection B.3, unless
that additional amount has been approved in advance by both the DEPARTMENT and SUBRECIPIENT
and is incorporated by a written amendment into this Agreement.
5. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers between project
budgets, as identified in the Project Budget (Attachment E) and the Statement of Work and/or Description
911 USDOT Federal Grant Agreement Page 4 of 35 Cowlitz/Clark CAD Host Remote, E20-186
of Project (Attachment C), to exceed 10% of the Grant Agreement amount. Any changes to project budgets
other than in compliance with this paragraph will not be reimbursed.
6. SUBRECIPIENTS may only use funds awarded under the 911 Grant Program to pay for eligible costs.
Eligible costs are consistent with the cost principles identified in 2 CFR Part 200, including Subpart E of
such regulations and in the 911 Grant Program's authorizing legislation. In addition, costs must be
reasonable, necessary, allocable and allowable for the proposed project and conform to generally accepted
accounting principles. Grant funds may be used to cover only eligible costs incurred during the period of
performance.
a. Eligible uses for 911 Grant Fund:
i. Personnel costs, including salaries and fringe benefits for staff and consultants required for
the implementation of NG911 services (such as project managers, program directors,
subject matter experts, grant administrators, financial analysts, accountants, and
attorneys).
ii. Contractual costs associated with carrying out programmatic activities of the 911 Grant, including
for the provision of NG911 services or for consulting services. Recipients are responsible for
monitoring the activities and expenditures of vendors and are responsible for ensuring that all
solicitation documents reflect activities within the scope of the 911 Grant Program.
iii. Costs to purchase hardware, software, and hosted services associated with enabling NG911 calls
to be received, processed and dispatched. Recipients must specify that the purchase of hardware,
software, and/or services comply with current NG911 standards, as listed in the Department of
Homeland Security's SAFECOM guidance available at https://www.dhs.gov/safecom. Each
individual product, however, need -not -meet every listed standard.
iv. Training costs directly related to NG911 implementation for public safety personnel. The
Recommended Minimum Training Guidelines for Telecommunicators" available at
https://www.nena.org/page/trainingquidelines must serve as a base level for the training
provided. Recipients must submit documentation describing the training being provided,
which identifies the included elements from the Minimum Training Guidelines.
v. Costs to operate the NG911 system as a dual system to the current legacy 911 system, until
the legacy E911 or 911 system is shut down and the system is fully operational using only
NG911 technology.
b. Ineligible uses for the 911 Grant Fund:
i. Costs unallowable under the CFR 200, Cost Principles of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, available at
https://www.federalreq ister.gov/documents/2017/05/17/2017-09909/uniform-administrative-
requirements-cost-principles-and-audit-requirements-for-federal-awards
ii. Costs to operate legacy E911 or 911 systems.
iii. Costs to operate the NG911 system after it is fully operational.
iv. Activities related to construction.
v. Independent verification and validation (IV&V) testing for product, service, and system.
C. GRANT AGREEMENT PERIOD
Activities reimbursable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall only be those after the obligation of federal funds on August 9, 2019 and shall terminate on
January 31, 2022. This period shall be referred to herein as the Period of Performance, unless expressly
stated otherwise.
1. The SUBRECIPIENT shall complete the project as described in Attachments C, D, and E.
2. Failure to complete the project in a timely manner, as outlined in Attachment D, is a material breach of this
Agreement for which the DEPARTMENT is entitled to termination or suspension under Attachment B,
section 34.
D. REIMBURSEMENT AND BUDGET REQUIREMENTS
1. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by submitting a property
completed State A-19 Invoice form with support documentation detailing the expenditures for which
reimbursement is sought. Reimbursement requests must be submitted by email to the Program Manager
911 USDOT Federal Grant Agreement Page 5 of 35 Cowlitz/Clark CAD Host Remote, E20-186
no later than thirty (30) days following the end of the quarter, but not more frequently than monthly.
Payments will be made to the SUBRECIPIENT within thirty (30) days of approval. Approval is subject to
receipt of acceptable documentation by the DEPARTMENT, to include, but not limited to, copies of receipts
for all goods and services purchased, copies of invoices from contractors and subcontractors for work
completed, and copies of timesheets for staff involved with the project, sign-in/sign-out sheets for donated
personnel and/or volunteer time spent on the project, and documentation to support other in-kind
contributions.
2. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the total project cost
to the SUBRECIPIENT until the project has been completed and given final approval by the
DEPARTMENT.
3. Final Reimbursement: Final reimbursement of any remaining, or withheld, funds will be made within 60 -
days after submission by the SUBRECIPIENT of the final report, final State A-19 Invoice form, and
completion of all final inspections by the DEPARTMENT.
Final reimbursement by the DEPARTMENT also may be conditioned upon a financial review, if determined
necessary by the DEPARTMENT. Adjustments to the final reimbursement may be made following any
audits conducted by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector
General, or their authorized representatives.
4. Within the total Grant amount of this Agreement, budget categories will be reimbursed on an actual cost
basis unless otherwise provided in this Agreement.
5. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement,
including the final reimbursement request, is limited to and shall not exceed the total Grant amount of this
Agreement.
6. For travel costs, SUBRECIPIENTs shall comply with 2 CFR 474 and should consult their internal policies,
state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at http://www.osa.gov, and follow the most restrictive. If travel costs exceed set
state or federal limits, travel costs shall not be reimbursed without written approval by DEPARTMENT's Key
Personnel.
7. Receipts and/or backup documentation for any approved items that are authorized under this Agreement
must be maintained by the SUBRECIPIENT consistent with record retention requirements of this
Agreement, and be made available upon request by the DEPARTMENT, and local, state, or federal
auditors.
8. All work under this Agreement must end on or before the January 31, 2022 Performance End Date, and the
final reimbursement request must be submitted to the DEPARTMENT on or before February 28, 2022.
9. If applicable, no costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the SUBRECIPIENT, its contractor, or any non-federal entity to
which the SUBRECIPIENT makes a subaward and is invoiced by the vendor.
10. Failure to timely submit complete reports and reimbursement requests as required by this Agreement
including but not limited to those reports in the Project Development Schedule - Attachment D) will prohibit
the SUBRECIPIENT from being reimbursed until such complete reports and reimbursement requests are
submitted and the DEPARTMENT has had reasonable time to conduct its review. Final reimbursement
requests will not be approved for payment until the SUBRECIPIENT is current with all reporting
requirements contained in this Agreement.
11 SUBRECIPIENTS shall only use federal award funds under this Agreement to supplement existing funds
and will not use them to replace (supplant) non-federal funds that have been budgeted for the same
purpose.
The SUBRECIPIENT may be required to demonstrate and document that the reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
E. REPORTING REQUIREMENTS
In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT shall promptly
prepare and submit the following reports to the DEPARTMENT'S Key Personnel:
1. An annual performance report, no later than December 20th each year, that includes a narrative of the
project activities and progress made during the past year, a description of key milestones, the primary
activities needed to accomplish those milestones, significant project accomplishments, any delays or
911 USDOT Federal Grant Agreement Page 6 of 35 Cowlitz/Clark CAD Host Remote, E20-186
challenges, reasons why any established goals were not met, anticipated project activities and progress for
the next year, a description of anticipated federal expenditures for the next year, key milestones for the next
year, primary activities needed to accomplish those milestone, and any potential delays or challenges.
Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter, indicating the
status of the project, to include a brief narrative on progress during the quarter. The report shall identify the
costs incurred to date, the percentage of work completed, the anticipated completion date of the project,
and whether cost under runs or over runs are expected. In addition, the SUBRECIPIENT should note any
challenges or issues associated with the project.
Failure of the SUBRECIPIENT to submit completed reports by the stated due dates will result in
suspension of all payments until the completed report is received by the DEPARTMENT.
2. A final report when the project is completed, prematurely terminated, or project assistance is terminated.
The report shall include a final accounting of all expenditures and a description of work accomplished. If the
project is not completed, the report shall contain an estimate of the percentage of completion and shall
indicate the degree of usefulness of the completed project. The report shall account for all expenditures not
previously reported and shall include a summary for the entire project.
3. For each State A-19 Invoice form submitted for training reimbursement, SUBRECIPIENT must submit
documentation describing the training being provided, which identifies the included elements from the
Recommended Minimum Training Guidelines for Telecommunicators available at
https://www.nena.orq/paqe/traininqquidelines.
4. For equipment, the SUBRECIPIENT must specify that the purchase of hardware, software, and/or services
comply with current NG911 standards, as listed in the Department of Homeland Security's SAFECOM
guidance, available at https://www.dhs.qov/safecom. Each individual product need -not -meet every listed
standard.
5. The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act
FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note), and complete and return to the DEPARTMENT the FFATA
Form (Attachment G), which is incorporated by reference and made a part of this Agreement.
F. PROCUREMENT
The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326
and as specified in the General Terms and Conditions, Attachment B.
1. For all sole source contracts expected to exceed $150,000, the SUBRECIPIENT must submit to the
DEPARTMENT for pre -procurement review and approval of the procurement documents, such as requests
for proposals, invitations for bids, and independent cost estimates. This requirement must be passed on to
any non-federal entity to which the SUBRECIPIENT makes a subaward, at which point the
SUBRECIPIENT will be responsible for reviewing and approving sole source justifications of any non-
federal entity to which the SUBRECIPIENT makes a subaward.
G. SUBRECIPIENT MONITORING
1. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The goal of
the DEPARTMENT'S monitoring activities will be to ensure that agencies receiving federal pass-through
funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance,
and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F.
2. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall complete
and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form (Amendment H) with
the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated
by reference and made a part of this Agreement.
3. Monitoring activities may include, but are not limited to:
a. review of financial and performance reports;
b. monitoring and documenting the completion of Agreement deliverables;
c. documentation of phone calls, meetings, e-mails, and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability and consistency
with Agreement work plan, budget, and federal requirements;
911 USDOT Federal Grant Agreement Page 7 of 35 Cowlitz/Clark CAD Host Remote, E20-186
e. observation and documentation of Agreement related activities, such as exercises, training, funded
events, and equipment demonstrations;
f. on-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
4. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above and in 2
CFR Part 200, for any non-federal entity to which the SUBRECIPIENT makes a subaward as a pass-
through entity under this Agreement.
5. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a Corrective Action Plan.
H. AUDIT REQUIREMENTS
2 CFR part 200 Subpart F, adopted by the Department of Commerce through 2 CFR 1327.101 and by the
Department of Transportation through 2 CFR 1201.1, requires any non -Federal entity (e.g., non-profit
institutions of higher education and other non-profit organizations) that expends Federal awards of $750,000 or
more in the recipient's fiscal year to conduct a single or program -specific audit in accordance with the
requirements set out in Subpart F. Applicants are reminded that the Agencies, the Department of
Transportation Office of Inspector General, the Department of Commerce Office of Inspector General, or
another authorized Federal agency may conduct an audit of an award at any time.
I. CLOSE-OUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and total amount
expended on the project on the FINAL PROJECT REPORT to the DEPARTMENT. After receipt of the FINAL
PROJECT REPORT, the DEPARTMENT will conduct a site inspection and review supporting documentation
for compliance with the requirements of the Agreement. This report is due no later than 90 days after the
completion of the project or February 28, 2022, whichever occurs earlier.
The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation requirements of the
Agreement throughout the Period of Performance.
The right to incur costs will expire as of the end of the period of performance. The SUBRECIPIENT may not
incur costs for Federal reimbursement past the expiration date. Any funds that remain unexpended after
closeout shall cease to be available to the recipient and shall be returned to the Agencies.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and
application of all 911 grant funds for six years following the closure of this agreement. For all funds received,
source documentation includes adequate accounting of actual costs and recoveries incurred.
J. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All SUBRECIPIENTs must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
discrimination on the basis of national origin, which requires that SUBRECIPIENTs of federal financial
assistance take reasonable steps to provide meaningful access to persons with limited English proficiency
LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing
language assistance services, including oral interpretation and written translation. Executive Order 13166,
Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal
agencies to issue guidance to recipients, assisting such organizations and entities in understanding their
language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to
Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance
provides helpful information such as how a recipient can determine the extent of its obligation to provide
language services; selecting language services; and elements of an effective plan on language assistance for
LEP persons. For additional assistance and information regarding language access obligations, please refer to
http://www.lep.gov.
K. EQUIPMENT AND SUPPLY MANAGEMENT
1. If applicable, SUBRECIPIENTs and any non-federal entity to which the SUBRECIPIENT makes a
subaward shall comply with 2 CFR 200.318 — 200.326, to include but not limited to:
a. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased
through this Agreement will be owned by the SUBRECIPIENT, or a recognized non-federal entity to
which the SUBRECIPIENT has made a subaward, for which a contract or other means of legal transfer
of ownership is in place.
911 USDOT Federal Grant Agreement Page 8 of 35 Cowlitz/Clark CAD Host Remote, E20-186
b. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and
maintained in the SUBRECIPIENT's inventory system.
c. Equipment records shall include: a description of the property; the manufacturer's serial number, model
number, or other identification number; the source of the equipment, including the Federal Award
Identification Number (FAIN); Catalogue of Federal Domestic Assistance (CFDA) number; who holds
the title; the acquisition date; the cost of the equipment and the percentage of Federal participation in
the cost; the location, use and condition of the equipment at the date the information was reported; and
disposition data including the date of disposal and sale price of the property.
d. The SUBRECIPIENT shall take a physical inventory of the equipment and reconcile the results with the
property records at least once every two years. Any differences between quantities determined by the
physical inspection and those shown in the records shall be investigated by the SUBRECIPIENT to
determine the cause of the difference. The SUBRECIPIENT shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the equipment.
e. The SUBRECIPIENT shall be responsible for any and all operational and maintenance expenses and
for the safe operation of their equipment and supplies, including all questions of liability. The
SUBRECIPIENT shall develop appropriate maintenance schedules and procedures to ensure the
equipment and supplies are well maintained and kept in good operating condition.
f. The SUBRECIPIENT must obtain and maintain all necessary certifications and licenses for the
equipment.
The SUBRECIPIENT shall develop a control system to ensure adequate safeguards to prevent loss,
damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report
generated and sent to the Department.
h. If the SUBRECIPIENT is authorized or required to sell the property, proper sales procedures must be
established and followed to ensure the highest possible return.
If, upon termination or at the Grant Agreement End Date, there is a residual inventory of unused
supplies exceeding $5,000 in total aggregate value which will not be needed for any other Federal
award, or when original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency, the
SUBRECIPIENT must comply with following procedures:
i. The SUBRECIPIENT may retain the supplies for use on other non -Federal related activities or sell
them, but must compensate the Federal sponsoring agency for its share.
ii. The SUBRECIPIENT must dispose of equipment as follows:
1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained,
sold or otherwise disposed of by the SUBRECIPIENT with no further obligation to the awarding
agency.
2) Items of equipment with a current per-unit fair market value of more than $5,000 may be
retained or sold and the SUBRECIPIENT shall compensate the Federal -sponsoring agency for
its share.
Records for equipment shall be retained by the SUBRECIPIENT for a period of six years from the date
of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the
expiration of the six-year period, the records shall be retained by the SUBRECIPIENT until all litigation,
claims, or audit findings involving the records have been resolved.
i. As a SUBRECIPIENT of federal funds, the SUBRECIPIENT must pass on equipment and supply
management requirements that meet or exceed the requirements outlined above to any non-federal
entity to which the SUBRECIPIENT makes a subaward of federal award funds under this
Agreement.
g
j•
911 USDOT Federal Grant Agreement Page 9 of 35 Cowlitz/Clark CAD Host Remote, E20-186
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Agencies" means The National Telecommunications and Information Administration (NTIA) and
The National Highway Traffic Safety Administration (NHTSA).
c. "Department" means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under
this Agreement.
d. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 for all
other purposes.
e. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
f. "Investment" means the grant application submitted by the SUBRECIPIENT describing the
project(s) for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby incorporated into this Agreement by reference.
g. "OMB" means the Office of Management and Budget
h. "PL" means the Public Law
i. "CFR" means the Code of Federal Regulations
j. "RCW" means the Revised Code of Washington
k. "WAC" means the Washington Administrative Code
A.2 ADVANCE PAYMENTS PROHIBITED
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement. SUBRECIPIENT shall not invoice the DEPARTMENT in advance of
delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated
herein until made in writing and signed by the authorized representatives of the Department and the
Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35.
The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunication.
A.5 ASSURANCES
The DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in this Agreement by any federal department or agency.
911 USDOT Federal Grant Agreement Page 10 of 35 Cowlitz/Clark CAD Host Remote, E20-186
The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-manaqement-
division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement
shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that it will
ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement contracts
for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement)
that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With
respect to covered transactions, the SUBRECIPIENT may comply with this provision by obtaining a
certification statement from the potential contractor or SUBRECIPIENT or by checking the System for
Award Management (https://sam.gov/SAM/) maintained by the federal government. The SUBRECIPIENT
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
https://secure.lni.wa.qov/debarandstrike/ContractorDebarList.aspx). The SUBRECIPIENT also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
http://www.des.wa.qov/services/ContractingPurchasinq/Business/PagesNendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT certifies that to the best of its knowledge and belief:
1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUBRECIPIENT to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than
federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or
cooperative agreement, the SUBRECIPIENT will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the
SUBRECIPIENT will require that the language of this certification be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors and subrecipients shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the
Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of
1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR
Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12),
State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State
Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the DEPARTMENT may
rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The SUBRECIPIENT
911 USDOT Federal Grant Agreement Page 11 of 35 Cowlitz/Clark CAD Host Remote, E20-186
is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT or
its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original agreement
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
procurement standards through 200.326 Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT
under this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides
that each contractor or SUBRECIPIENT must be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The non-federal entity must report all
suspected or reported violations to the federal awarding agency.
911 USDOT Federal Grant Agreement Page 12 of 35 Cowlitz/Clark CAD Host Remote, E20-186
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-federal entity in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or
SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, `Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
must be reported to the federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that
it will not and has not used federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up
to the non-federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that
is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
911 USDOT Federal Grant Agreement Page 13 of 35 Cowlitz/Clark CAD Host Remote, E20-186
11) Notice of awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the DEPARTMENT, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the SUBRECIPIENT has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
Pub. L. 94-163, 89 Stat. 871).
b. The DEPARTMENT reserves the right to review the SUBRECIPIENT'S procurement plans and
documents and require the SUBRECIPIENT to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 200.326. The SUBRECIPIENT
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly
connected with the administration of the DEPARTMENT'S or the SUBRECIPIENT'S responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
DEPARTMENT or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it
cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel
to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues,
state the relative positions of the parties, and be sent to all parties. The panel shall consist of a
representative appointed by the DEPARTMENT, a representative appointed by the SUBRECIPIENT and a
third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute.
Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the
cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and
gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
state of Washington and their authorized agents and employees in any litigation; including payment of any
costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with
acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the DEPARTMENT, and (2) the Subrecipient, its agents, or employees,
this indemnity provision shall be valid and enforceable only to the extent of the negligence of the
Subrecipient, or the SUBRECIPIENT'S agents or employees.
911 USDOT Federal Grant Agreement Page 14 of 35 Cowlitz/Clark CAD Host Remote, E20-186
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part
of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford
Act.
A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT'S Authorized Signature representative and the
Authorized Signature representative of the SUBRECIPIENT or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any
clause or condition of this Agreement is not effective or binding unless made in writing and signed by both
parties' Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUBRECIPIENT shall have
signature authority to sign reimbursement requests, time extension requests, amendment and modification
requests, requests for changes to projects or work plans, and other requests, certifications and documents
authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may
unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a
Termination for Cause" without providing the SUBRECIPIENT an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with
new funding limitations and conditions, although the DEPARTMENT has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the
Subrecipient.
A.17 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
OSHAIWISHA)
The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT'S performance
under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to indemnify and
hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the
DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The SUBRECIPIENT shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the DEPARTMENT, the state of Washington, and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
911 USDOT Federal Grant Agreement Page 15 of 35 Cowlitz/Clark CAD Host Remote, 520-186
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity
matters relating to this Agreement wherein the DEPARTMENT's name is mentioned, or language used
from which the connection of the DEPARTMENT's name may, in the DEPARTMENT'S judgment, be
inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity
matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright
original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part
200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the DEPARTMENT
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of
recapture shall exist for the life of the project following Agreement termination. Repayment by the
SUBRECIPIENT of funds under this recapture provision shall occur within 30 days of demand. In the event
the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the
DEPARTMENT shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
SUBRECIPIENT'S contracts, subawards, grant administration, and payments, including all direct
and indirect charges, and expenditures in the performance of this Agreement (the "records").
b. The SUBRECIPIENT'S records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA
or their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
with suitable space for such purpose, at any and all times during the SUBRECIPIENT'S normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of work/work
plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the
sole responsibility of the Subrecipient. The DEPARTMENT undertakes no responsibility to the
Subrecipient, or to any third party, other than as is expressly set out in this Agreement.
911 USDOT Federal Grant Agreement Page 16 of 35 Cowlitz/Clark CAD Host Remote, E20-186
The responsibility for the design, development, construction, implementation, operation and maintenance of
the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act,
and all other environmental laws, regulations, and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall not look
to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or
attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to
any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of
the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The SUBRECIPIENT shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year
of federal funds from all sources, direct and indirect, are required to have a single or a program -specific
audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than
750,000 a year in federal awards are exempt from federal audit requirements for that year, except as
noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a
state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries
out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a
federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit
may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The SUBRECIPIENT is
responsible for any audit exceptions incurred by its own organization or that of its subcontractors.
Responses to any unresolved management findings and disallowed or questioned costs shall be included
with the audit report. The SUBRECIPIENT must respond to DEPARTMENT requests for information or
corrective action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUBRECIPIENT all disallowed costs resulting from
the audit.
After the single audit has been completed, and if it includes any audit findings, the SUBRECIPIENT must
send a full copy of the audit and its Corrective Action Plan to the DEPARTMENT at the following address
no later than nine (9) months after the end of the SUBRECIPIENT'S fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
The SUBRECIPIENT must send a completed "2 CFR Part 200 Subpart F Audit Certification Form"
https:llwww.mil.wa.govlemergencv-manaqement-division/q rants/requiredgrantforms) to the
DEPARTMENT at the address listed above before this Agreement is executed and timely submit
911 USDOT Federal Grant Agreement Page 17 of 35 Cowlitz/Clark CAD Host Remote, E20-186
annual updates to the DEPARTMENT every year thereafter, and if the SUBRECIPIENT is claiming it
is exempt from the audit requirements of 2 CFR Part 200 Subpart F include an explanation of the
criteria for exemption.
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.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of
2 CFR Part 200 Subpart F, the SUBRECIPIENT'S failure to comply with said audit requirements may result
in one or more of the following actions in the DEPARTMENTS sole discretion: a percentage of federal
awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the
withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted
and submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of
the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as, nor claim to
be, an officer or employee of the DEPARTMENT by reason of this Agreement, nor will the SUBRECIPIENT
make any claim, demand, or application to or for any right or privilege applicable to an officer or employee
of the DEPARTMENT or of the state of Washington by reason of this Agreement, including, but not limited
to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or regulation
that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement by
providing written notice of such termination to the DEPARTMENT Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part by providing ten (10)
calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Agreement,
withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds. In
the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law. The
rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in
a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as
to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or
terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBRECIPIENT
an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion. Any
time allowed for cure shall not diminish or eliminate the SUBRECIPIENT'S liability for damages or
911 USDOT Federal Grant Agreement Page 18 of 35 Cowlitz/Clark CAD Host Remote, E20-186
otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of
the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as
otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to
be insufficient, the Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision
by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including, but not limited to, any cost difference between the original Agreement and the replacement or
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time. The
rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the SUBRECIPIENT'S control, fault or negligence, the termination shall be deemed to be a
Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require
the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT as an agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially
completed work and services and/or equipment or supplies provided which are accepted by the
DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the
DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of
the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for
termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as
the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or
liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing,
the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in
relation to this Agreement except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts,
with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require,
which approval or ratification shall be final for all the purposes of this clause;
911 USDOT Federal Grant Agreement Page 19 of 35 Cowlitz/Clark CAD Host Remote, E20-186
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPARTMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBEZ
The SUBRECIPIENT is encouraged to utilize business firms that are certified as minority-owned and/or
women -owned in carrying out the purposes of this Agreement. The SUBRECIPIENT may set utilization
standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in
WAC 326-30-041.
A.35 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance shall
be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of
this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of
the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
g
911 USDOT Federal Grant Agreement Page 20 of 35 Cowlitz/Clark CAD Host Remote, E20-186
ATTACHMENT C
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
The Cowlitz and Clark County Next Generation (NG)911 project is a continuation of a previous project to
improve interoperability, resilience, reliability, redundancy, security, and commitment to fully utilize NG911
technologies. Clark County will host like Computer Aided Dispatch (CAD) systems to fully utilize the
NG911 Multiprotocol Label Switching (MPLS) network via the State of Washington's Emergency Services
Network (ESlnet II), or through an individual provider, to allow counties to share 911 emergency call
details in real time. By sharing data CAD to CAD, this will allow Public Safety Answering Points (PSAPs) to
share 911 call information or take information for another PSAP, enter it directly into their own CAD, while
simultaneously sharing the 911 call details with another PSAP via CAD to CAD without picking up the
phone.
Project to be completed in stages:
Phase 1: Consultant/project management contract/planning/development/design
Phase 2: CAD upgrade
Phase 3: CAD network connectivity
Phase 4: CAD to CAD interface
The SUBRECIPIENT Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to, accomplish tasks
and conditions outlined in the Statement of Work and/or Description of Project (Attachment C), comply with the
Project Development Schedule (Attachment D), and comply with the Project Budget (Attachment E).
2. Submit an annual performance report no later than December 20th each year until all requirements are fulfilled.
Submit quarterly reports that cover the previous three months no later than the 15th of the following month (or
the next workday) in January, April, July and October until all requirements are fulfilled. Reports are required
regardless of the level of work completed during the reporting period. All reports must include sufficient
narrative to determine the degree to which the project has been implemented, the estimated time for
completion, and significant developments such as delays or adverse conditions that might raise costs or delay
completion, as well as favorable conditions allowing lower costs or earlier completion. Failure of the
SUBRECIPIENT to submit completed reports by the stated due dates will result in suspension of all payments
until the completed report is received by the DEPARTMENT.
3. Submit signed invoice vouchers (Department A-19 invoice form) via email for eligible, reimbursable work
completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify
the task(s) completed and any other funding identification pertinent to the task(s), including match. Supporting
documentation is required for all costs, to include tracking of staff time spent on the project through timesheets
or other documentation approved by the DEPARTMENT; dated invoices from all contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and documentation
tracking in-kind contributions of personnel, equipment and supplies, if used on the project, Project costs must
be tracked and reported by approved budget cost categories as found in Project Budget (Attachment E).
Documentation of expenditures by approved budget cost categories should be made on a separate
spreadsheet or table and included with each Department A-19 invoice form, along with documentation to
substantiate all project costs being requested.
4. If additional documentation to support the reimbursement request is needed, DEPARTMENT staff will make
the request in writing. The SUBRECIPIENT will have fifteen (15) calendar days to provide sufficient
documentation to satisfy the request. If sufficient documentation is not received within fifteen (15) calendar
days, the invoice will be returned to the SUBRECIPIENT.
5. Submit a signed final project report before the final reimbursement request is processed by the
DEPARTMENT.
The Military DEPARTMENT Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical assistance, as
necessary.
2. Reimburse the SUBRECIPIENT within 30 days of receipt and approval of signed, dated Department A-19
Invoice forms with sufficient documentation of costs to include completion of tasks to date and dated invoices
911 USDOT Federal Grant Agreement Page 21 of 35 Cowlitz/Clark CAD Host Remote, E20-186
for goods and services purchased. Costs must be categorized according to the budget item and cost
classification shown in the Project Budget (Attachment E). The DEPARTMENT will return invoices to the
SUBRECIPIENT, if the SUBRECIPIENT is unable to provide sufficient documentation within 15 calendar days
of the DEPARTMENT's written request for additional documentation to support the reimbursement request.
3. Coordinate with the SUBRECIPIENT to schedule any sub -recipient monitoring, site visits or final inspections by
DEPARTMENT staff.
911 USDOT Federal Grant Agreement Page 22 of 35 Cowlitz/Clark CAD Host Remote, E20-186
ATTACHMENT D
PROJECT DEVELOPMENT SCHEDULE
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE
Project requirements development
Submit list to DEPARTMENT
December 30, 2019
Vendor and solution selection
Submit selection to DEPARTMENT
February 28, 2020
Develop plan for potential expansion other counties
Submit list and/or plan to DEPARTMENT
July 12, 2020
Successful implementation in two Washington counties
and Oregon regional partners
December 19, 2020
Proof of concept completed
Submit report to DEPARTMENT
January 14, 2021
End of Project
Submit final project report/request for closure
letter to DEPARTMENT
February 28, 2022
Total Time Required to Complete This Project: 2'/z years
January 15, 2020
April 15, 2020
July 15, 2020
October 15, 2020
Quarterly Reports Due January 15, 2021
April 15, 2021
July 15, 2021
October 15, 2021
January 15, 2022
December 20, 2019
Annual Performance Reports Due December 20, 2020
December 20, 2021
911 USDOT Federal Grant Agreement Page 23 of 35 Cowlitz/Clark CAD Host Remote, E20-186
ATTACHMENT E
PROJECT BUDGET
APPROVED BUDGET CATEGORY
Maximum Federal
Funding
OP — Operating Costs 140,880.00
HW — Hardware 185,036.00
SW — Software 242,084.00
CS — Consulting Services 36,000.00
TOTAL $604,000.00
Tracking and Reporting Project Costs: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each State A-19 Invoice form.
Supporting documentation of all costs shall include, but not be limited to: tracking of staff
time spent on the project through timesheets or other similar documentation; dated
invoices from contractors and subcontractors for work completed; dated invoices for
goods and services purchased; and documentation of in-kind contributions of personnel,
equipment and supplies.
Final Payment: Final payment of any remaining, or withheld funds will be made upon
submission by the SUBRECIPIENT within 60 days of completion of the final project report,
a signed State A-19 Invoice form, and completion of all final inspections by the
DEPARTMENT. Final payment also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any reviews or audits conducted by the DEPARTMENT, Washington State
Auditor's Office, the United States Inspector General, or their authorized representatives.
Per 911 program guidance, no cost overruns will be funded. If costs exceed the maximum
amount of federal funding approved, the SUBRECIPIENT shall be fiscally responsible for
any and all cost overrun.
911 USDOT Federal Grant Agreement Page 24 of 35 Cowlitz/Clark CAD Host Remote, E20-186
NHTSA
101110160.1116110N mum lA11171Milidit10101,4
Major General Bret Daugherty
Washington State Military Department
20 Aviation Drive, MS: TA -20
Building 20
Camp Murray, WA 98430
ATTACHMENT F
Dear Major General Daugherty:
Ou behalf of the National Highway Traffic Safety Administration (NHTSA) and the National
Telecommunications and Information Administration (NTIA), we are pleased to inform you
that the State of Washington has qualified for a one-time grant under the 911 Grant Program
as authorized by the Next Generation 911 (14(3911) Advancement Act of 2012 (Middle Class
Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, Title VI, Subtitle E (codified at 47
U.S.C. § 942)) in the amount of $2,862,056. The 911 Grant Program provides Federal
funding to help 911 call centers nationwide upgrade equipment and operations so that
citizens, first responders, and 911 cacti -takers can use digital, IP -based, broadband -enabled
teehnologies to coordinate emergency responses.
Terms and conditions for the 911 Grant Progrfun, including information about eligible and
ineligible uses of funds, have been established in final regulations as well as in a Notice of
Funding Opportunity (NOFO). As specified by the NG911 Advancement Act, grant recipients
must provide a 40 percent match for any grant award.2 Tho period of performance for the grant
is a maximum of three years, hut ending 110 later than March 31, 2022.3 In addition, your grant
award is subject to the conditions in the attaclunent to this letter.
As required by the NG911 Advancement Act, your application certifies that Washington has not
diverted and will not divert any portion of designated 911 charges imposed by the State or any
taxingjurisdiction in the State that will receive 911 grant funds for any purpose other than the
purposes for which such charges are designated or presented from the time period 180 days
preceding the date of the application and continuing through the time period during which grant
funds are avallable.4 Your application fuller agreed, as a condition of receipt of a grant, that
Washington will return all grant funds if the State or other taxing jurisdiction diverts any portion
of designated 911 charges, eliminates such charges, or re -designates such charges for purposes
other than the implementation or operation of 911 services, E-911 services, or N6911 services.
See 47 U,S.C. it 942(0(2); 47 C.F.R. Part 400; NliTSA and NT1A, 911 Grant Program NOR) (Aug. 9,2018),
wadable at hLtpa//www.ntjsd,ayaenialenbikation11 want program nolo_final.pdf,
47 U.S.C. § 942(b)(2),
3 See NHTSA and NTIA, 911 Grant Program Revision to the NOFO at 2 (Feb, 1, 2019), available at
http.s://www.grants.goviwchigranistvlow-opportunityltinI7oppld=3078158 (document located under 'Related
Documents' tab).
See 47 U,S.C. § 942(c)(2); 47 C.F.R. § 400,4, Appendices A and 13; NOM at 8, 12, 38-41.
see 47 U.S.C. § 942(cX3); 47 C.P.R. Pan 400, Appendices A and 13; NOFO 41 38-43.
911 USDOT Federal Grant Agreement Page 25 of 35 Cowlitz/Clark CAD Host Remote, E20-186
Thank you for your interest in this grant program. We congratulate Washington on taking this
life-saving step and appreciate all you have done to provide your citizens with efficient and
effective 911 servioes. We are confident that Washington will utilize these grant funds
successfully, helping 911 call centers and emergency responders increase their NG911
capabilities for the welfare of your citizens.
Sinoerel yours,
Heidi R. King
Deputy Administrator
National Highway Traffic Safety Administration
Diane Rinaldo
Acting Assistant secretary for Communications and
Information
National Telecommunications and Information
Administration
2
cc: The Honorable Jay Instee
Governor of Washington
Adam Wasserman
E911 Coordinator, Washington State Military Department
Enclosures
1. Addendum: Financial Assistance Award
2. State -Specific Special Conditions
911 USDOT Federal Grant Agreement Page 26 of 35 Cowlitz/Clark CAD Host Remote, E20-186
911 Grant Program Award
Addendum: Financial Assistance Award
State of Washington
Recipient Name
Recipient Unique Entity Identifier
Unique Federal Award Identification Number
FAIN)
Federal Award Date
Period of Pedonnance Stan Date
Period of Performance End Date
Amount of Federal Funds Obligated by this Award
Total Amount of Federal Funds Obligated
Total Amount of Federal Award
Budget Approved by the Federal Awarding
Agency
Total Approved Cost Sharing or Matching
Name of Federal Awarding Agency
CFDA Number and Name
R&D
Indirect Cost for the Federal Award
Contact Information for Awarding Official
Washington State Military Department
8088833830000
69N37619300000911 WAO
AUG 0 9 2019
AUG 0 9 2019
March 31, 2022
2,862,056
2,862,056
4,770,093.33
4,770,093.33
1,908,037.33
NHTSA
20.615; 911 Grant Program
No
0%
Laurie Flaherty:
202) 366.2705
Iaurie.flahettv9$dot.gov
Federal Award Praiect Description The N0911 Advancement Act provides new funding for
grants to he used for the implementation and operation of 911 services, E-911 services, E-911
services, migration to an IP -enabled emergency network, and adoption and operation of N0911
services and applications; the implementation of IP=enabled emergency services and applications
enabled by Next Generation 911 services, including the establishment of IP backbone networks
and the application layer software infrastructure needed to interconnect the multitude of
emergency response organizations; and training public safety personnel, including call -takers,
first responders, and other individuals and organizations who are part of the emergency response
chain in 911 services.
911 USDOT Federal Grant Agreement Page 27 of 35 Cowlitz/Clark CAD Host Remote, E20-186
4
This award document, signed by the Grants Officer, constitutes an obligation of Federal
funding. By signing this document, the Recipient agrees to comply with the following
Award provisions:
For program -specific terms and conditions, consult
o 47 CFR Part 400, 911 Grant Progratn
o 911 Grant Program NOFO (Aug. 9, 2018) and the 911 Grant Program Revision to
the NOF/ (Feb, 1, 2019), available at https://www.gtants.gov/web/granlsIview-
opportunily.html7oppld=307868
o See also special conditions attached to award letter,
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements, including Appendix XII—Award Term and Condition for Recipient
Integrity and Performance Matters
2 CFR Part 1201, Department of 'Transportation, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards
2 CFR Part 1327, Department of Commerce, Unifonn Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards
2 CFR Part 25, Financial Asaistanee Use of Universal Identifier and System for Award
Management
2 CFR Part 170, Reporting Sub -award and Executive Compensation Information
Whistleblower protections, including 10 U.S.C. 2409, 41 U.S.C, 4712, and 10 U.S.C.
2324,41 U.S.C. 4304 and 4310
Executive Order 13043, increasing Seat Belt Use in the United States
Executive Order 13513, Fedetal Leadership on Reducing Text Messaging While Driving
IMPORTANT: This document must be signed by an authorized representative of the Recipient
and returned. If not signed and returned without modification by the Recipient within 30
business days of receipt, the award offer may be withdrawn and de -obligated.
Signature:
ews".
7.
Heidi R. Kung
Deputy Administrator
National Highway Traffic Safety Administration
Major General Bret Daugherty
Washington State Military DepYrtntent
PLEASE EMAIL SIGNED FORM TO NHTSA.NATIONAL911QDOT.GOV
911 USDOT Federal Grant Agreement Page 28 of 35 Cowlitz/Clark CAD Host Remote, E20-186
911 Grant Program Award
Special Conditions
State of Washington
90110 Administrative Can
The State or Tribal Organization must ensure that at least 90 percent of the grant funds are used
for the direct benefit of Public Safety Answering Points (PSAPs), and not more than 10 percent
of the grunt funds will be used for the recipient's Administrative expenses related to the 911
Grant Program, The Notice of Funding Opportunity further states that this 10 percent may
include administrative expenses in perform an assessment of the recipient's current 911 system,
using the "NO911 Readiness Scorecard" produced by the FCC's Task Force on Optimal PSAP
Architecture, which includes the ongoing activities necessary to develop, modify, and improve
the framework for State and Tribal Organization NG911 governance, strategic planning, and
coordination.
NG911 Readiness Scorecard is available here:
haps:I/trsntsition,fcc.covipslts/911,'1 t t)PNTFOPA WG2 Supplemental Report -120216,0f.
Included in the Planning and Administration costs are personnel, fringe, and contractual costs to
provide oversight and administration of the grant as well as costs associated with planning for
N0911 deployment_
Operatilne Dual Ler aey and NG911 Syatem4
Eligible costs wider the 911 Grant Program include costs to operate the NG911 ;system as a dual -
system to the current legacy 911 system until the legacy E-911 or 911 system is shut down, and
the N0911 system is fully operational using only NG911 technology. Ineligible costs include
costs to operate a Legacy E-911 or 911 system at any time, or the NG911 system after it is fully
and independently operational.
911 USDOT Federal Grant Agreement Page 29 of 35
5
Cowlitz/Clark CAD Host Remote, E20-186
FFATA FORM ATTACHMENT G
SUBRECIPIENT Agency: C_ G CO Litz j (1 p ILA b I1 L CLLc-- 11 0) •y
Grant and Year: /j C 1 1 N I CT S f ZO i 9 Agreement Number: E Z0 _ F6
Completed \
1k
by: b e_(;u h hot J i 1 S 9 1 l co a n+y Coomm r rIcivr
Name Title Telephone
Date Completed: Gad -C)3 - 2_(,i Z., 0 o 0 L/3/- L' 7/
STEP 1
YES STOP, no further
analysis needed,
GO to Step 6
NO
to Step 2i.,,, -.-
GOIsyourgrantagreementlessthan $25,000?
STEP 2
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
IY ES
GO to STEP 3
NO STOP, no further
analysis needed, GO to
Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
y_ES
GO to STEP 4
NO STOP, no further
analysis needed, GO to
Step 6federalfunding?
STEP 4
Does the public have access to information about
the total compensation* of senior executives in
your organization?
YES STOP, no further
analysis needed,
GO to step 6
NO
GO to STEP 5
STEP 5
Executive #1
Name:
Total Compensation amount: $
Executive #2
Name:
Total Compensation amount: $
Executive #3
Name:
Total Compensation amount: $
Executive #4
Name:
Total Compensation amount: $
Executive #5
Name:
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below girl criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
O CR r O ctrl Cr n 1-30,-,11T-0)? I C,t"t`91SS `A- ', v"- S `; % (` E0 AA
1
Signature:
Total compensation refers to:
Salary and bonuses
Awards of stock, stock options, and stock appreciation rights
Other compensation including, but not limited to, severance and termination payments
Life insurance value paid on behalf of the employee
Additional Resources:
http:llwww.whitehouse.gov/om b/open
httr)://vvww.hrsa.gov/arants/frata.htm1
http://www.dpo.govficisys/pka/FR-2010-09-14/0df/2010-22705.bdf
http:llwww. g ra n ts.q ov/
911 USDOT Federal Grant Agreement
Date: Q CO3 —2 zed
Page 30 of 35 Cowlitz/Clark CAD Host Remote, E20-186
FFATA PROVISIONS AND INSTRUCTIONS
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26,
2006. The FFATA legislation requires information on federal awards (federal financial assistance
and expenditures) be made available to the public via a single, searchable website. Federal awards
include grants, subgrants, loans, awards, cooperative agreements and other forms of financial
assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The
legislation does not require inclusion of individual transactions below
25,000 or credit card transactions before October 1, 2008. However, if an award is initially below
this amount yet later increased, the act is triggered. Due to this variability in compliance
Subrecipients are required by the Military Department to be familiar with the FFATA
requirements and complete this Worksheet for each contract for the State's submission in to the
FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)
and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this
contract, contractor agrees to provide all applicable reporting information to the Washington
Military Department (WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
USASpending.gov) containing information about entities that are awarded Federal grants,
loans, and contracts. As required by FFATA and OMB Guidance, certain information on the
first-tier subawards related to Federal contracts and grants, and the executive compensation
of awardees, must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information is
required. If the initial subaward is below $25,000 but subsequent grant modifications result
in a total subaward equal to or over $25,000, the subaward will be subject to the reporting
requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or
exceeds $25,000 but funding is subsequently de -obligated such that the total award amount
falls below $25,000, the subaward continues to be subject to the reporting requirements of
the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by FFATA,
OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all
information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS
number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD.
System for Award Management (SAM) is a government wide registration system for
organizations that do business with the Federal Government. SAM stores information
about awardees including financial account information for payment purposes and a link
to D&B for maintaining current DUNS information, www.sam.gov. WMD requires SAM
registration and annual renewal by your organization to minimize unnecessary data entry
911 USDOT Federal Grant Agreement Page 31 of 35 Cowlitz/Clark CAD Host Remote, E20-186
and re-entry required by both WMD and your organization. It will also reduce the
potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number
obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number
provides a method to verify data about your organization. D&B is responsible for
maintaining unique identifiers and organizational linkages on behalf of the Federal
Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or
more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or
15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or
section 6104 of the Internal Revenue Code of 1986.
Total compensation" for purposes of this requirement generally means the cash and non-
cash value earned by the executive during the past fiscal year and includes salary and bonus;
awards of stock, stock options and stock appreciation rights; and other compensation such as
severance and termination payments, and value of life insurance paid on behalf of the
employee, and as otherwise provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual
gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from
Federal awards, and (2) the public does not have access to this information about the
compensation of the senior executives of your organization through periodic reports filed
under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§
78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and
total compensation for the five most highly compensated officers of your organization as
identified in Step 5 of the FFATA Form.
911 USDOT Federal Grant Agreement Page 32 of 35 Cowlitz/Clark CAD Host Remote, E20-186
ATTACHMENT H
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non -Profit Organizations
Contact Information
Lb LA) L i -1 3 pub/IL G` r r11 j
Authorized Chief Financial Officer (central accounting office): !- / i / J i,,,r pi u. / COf J /4 +2 911 P, l b i r' c 1.0
SUBRECIPIENT Name (Agency, Local Government, or Organization):
Address: 31 2 SLS ,-4- owe. I )4) S D L,Z o . 1' gl Zfa
Phone#: 34,0 413c 3_2`iEmail: 3lilt r -P C0 , (vt,)/ -i-z , inki U 6
Purpose: As a pass-through entity of federal grant funds, the Washington Military Department/Emergency Management Division
DEPARTMENT) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for
authorized purposes and verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2
CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMD because it is a non-federal
entity that expends federal grant funds received from the DEPARTMENT as a pass-through entity to carry out a federal program. 2 CFR
Part 200 Subpart F should be consulted when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall
have a single or program -specific audit conducted for that year. If your entity is not subject to these requirements, you must complete
Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must
sign, date, and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to
return this completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or
disallowance of costs, and suspension or termination of federal awards.
SECTION A: Entities NOT subjecLto the auclitceauir_emp>zt f ?CFR Part 2QQ E
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply):
ge3 ""y did not expend $750,000 or more of total federal awards during the fiscal year.
We are a for-profit agency.
We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which
we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
SECTION 8: Entities that ARE subject to the audit requirements of 2 CFR Part 200 Subpart F
Complete the information below and check the appropriate box)
We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter date] . There
were no findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is
either provided electronically to contracts.officeRmil.wa.gov or provide the state auditor report number:
We completed our last 2 CFR Part 200 Subpart F Audit on [enter date] for Fiscal Year ending [enter datel . There
were findings related to federal awards.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either
provided electronically to contracts.officeAmif.wa.aov or provide the state auditor report number:
Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Year ending
enter date]. We will provide electronic copy of the audit report to contra cts.office r,-mil.wa.gov at that time or
provide the state auditor report number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.
Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award
funds from the DEPARTMENT until the grant agreement is close
Signature of Authorized Chief Financial Officer: date= 0 2 - 0 y-Zo 20
Print Name & Title: P h t
911 USDOT Federal Grant Agreement
INM Form 1009-13, 6/1912013, Upcfaled 902015
Page 33 of 35 Cowlitz/Clark CAD Host Remote, E20-186
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form ATTACHMENT I
NAME ,
o
1.1H.lGiwic +lei-( C' del rf: t' _r
Doing btasiness as (DBA)
il-_.Z i /47-- C Li ail
ADDRESS
a -c) 74144Ave vtIke 14
Kri s:) LOACj&
Applicable Procurement
or Solicitation #, if any:
E Z) — I g(0
WA Uniform Business
Identifier (UB1)
o S3 --063 7
Federal Em foyer Tax
identification #:
600/3/c)
i
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/ordebarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date: -co C-)
Print Name and Title: tG y4 1AiI (+ -+us ,
C17:
104-Ui..Ce Ppi rec.
911 USDOT Federal Grant Agreement Page 34 of 35 Cowlitz/Clark CAD Host Remote, E20-186
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Farm ATTACHMENT I
NAME "'QLD vte,,. L f I I s
ADDRESS
Doing business as (DBA)
Ca bJ fa 9 11 PLI:7);c GQ-rrc.' uirvi
Applicable Procurement
or Solicitation #, if any:
E—f wo
WA Uniform Business
Identifier (UBI)
This certification is submitted as part of a request to contract.
Federal Employer Tax
Identification #:
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and]
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/ordebarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification,required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: Date: OZ 403 Z Z.6
Print Name and Title: u uA i k2 LA)\0 , I 9 t t Civ\rd,,-,,1w r.a L
911 USDOT Federal Grant Agreement Page 34 of 35 Cowlitz/Clark CAD Host Remote, E20-186
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY
EXCLUSION
FREQUENTLY ASKED QUESTIONS)
What is "Debarment. Suspension. Ineliaibility. and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a
federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
had a contract or grant with a federal agency, and
gone through some process where the federal agency notified or attempted to notify you that you could
not contract with the federal agency.
Generally, this process occurs where you, the contractor, are not qualified or are not adequately
performing under a contract or have violated a regulation or law pertaining to the contract.
Why am 1 required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive
Order 12549) requires Washington Military Department ensure that persons or companies that contract
with Washington Military Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed
by the President and directed federal agencies to ensure that federal agencies, and any state or other
agency receiving federal funds were not contracting or awarding grants to persons, organizations, or
companies who have been excluded from participating in federal contracts or grants. Federal agencies
have codified this requirement in their individual agency Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you
have not been prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar
communication from you to Washington Military Department.
What or who is a "lower tier participant"?
Lower tier participants mean a person or organization that submits a proposal, enters into contracts with, or
receives a grant from Washington Military Department, OR any subcontractor of a contract with
Washington Military Department. If you hire subcontractors, you should require them to sign a certification
and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where
you contract with or receive money from Washington Military Department. Covered Transaction does not
include mandatory entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this
Contract by any Federal department or agency. If requested by Washington Military Department, the
Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this
Contract by reference.
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