agreement for snohomish county home ...recommendation or warranty regarding experience,...

AGREEMENT FOR SNOHOMISH COUNTY HOME ELEVATION PROJECT

SNOHOMISH COUNTY HOME ELEVATION PROJECT ("Agreement"), by and between

Snohomish County ("County") and Michelle Bruno and Paul Clark ("Homeowner" or

"Homeowners"),

WITNESSETH:

I. RECITALS

1.1 1 The County is a political subdivision of the State of Washington.

1.2 The Homeowner is the owner of certain residential real property located at 28 Pine

Ave., Snohomish, Snohomish County, Washington ("Property"). A legal description is set forth

in Appendix A, attached hereto, which is incorporated, herein and made a part hereof as though set

forth in full.

1.3 The Property has been, or is in jeopardy of being, damaged by flooding. This

hazard is confirmed by the Flood Insurance Rate Map, which identifies the elevation of the 100-

year Base Flood Elevation ("BFE") to be higher than the lowest habitable finished Floor ("Floor")

of the Property. The Homeowner desires to reduce this hazard by making certain structural

modifications ("Home Elevation Project" or "Project") that will raise and secure the Floor at a

higher elevation that is at least one foot above the BFE.

1.4 The County has entered into a Grant agreement with the Washington State Military

Department ("State"), attached hereto as Appendix D and incorporated herein by this reference,

Memorandum of Understanding and Agreement for Snohomish County Home Elevation Project for Bruno, Michelle and Clark, Paul 28 Pine Ave., Parcel Number 00555900200100, Page I of 20

under the Flood Mitigation Assistance Program ("Grant") to assist with the elevation of homes

located within the county which have been, or are in jeopardy of being, damaged by flood waters.

1.5 The Grant conditions provide that no more than seventy-five percent (75%) of the

eligible Home Elevation Project cost(s) will be paid by the Federal Emergency Management

Agency ("FEMA"). This leaves a minimum of twenty-five percent (25%) of the costs to be paid

by non-FEMA funds, which share shall be the responsibility of and will be paid by the

Homeowner ("Homeowner Share".) Moreover, the Grant provides that FEMA funds will only be

allocated for eligible Project costs, so any ineligible Project costs must be included in the

Homeowner Share. Eligible and ineligible Project costs are specified in Sections ILB and ILC of

this Agreement.

1.6 From letters and/or statements of interest submitted by the Homeowners

concerning Homeowner participation in the Home Elevation Project, the County has identified the

Property of the Homeowner as eligible for assistance for elevation of its residential structure, up

to a maximum eligible amount of Home Elevation Project costs for the Property as set forth in

Section II.B (3.1) of this Agreement.

1.7 The Homeowner agrees to pay the Homeowner Share of Project costs that relate to

the Homeowner's Property. The Homeowner Share is defined as the total costs less Grant

reimbursements available from FEMA. Therefore, the Homeowner Share includes: (1) the non-

federal portion of all eligible Home Elevation Project costs, (2) any eligible Home Elevation

Project costs in excess of the maximum authorized for the Property, and (3) any ineligible Project

costs as set forth herein.

Memorandum of Understanding and Agreement for Snohomish County Home Elevation Project for Bruno, Michelle and Clark, Paul 28 Pine Ave., Parcel Number 00555900200100 , of 20

IN CONSIDERATION of the foregoing premises and the mutual obligations as set forth

below, it is agreed as follows:

II. AGREEMENT

A. Scope of Home Elevation Project

2.1 The Home Elevation Project includes activities necessary to design, permit, and

implement flood protection of the Property by raising the Floor of the residential structure located

on the Property. The scope of work is described in attachment #1, pages 10-12 of Appendix D.

The general project approach is for the Homeowner to select and hire contractors, supervise their

work, and request reimbursement from Grant funds. Snohomish County, Surface Water

Management Division ("SWM"), will administer the Grant and will primarily act as a conduit of

Grant funds from FEMA and the State to the Homeowner. Other sections of this Agreement

describe the respective rights, responsibilities and obligations of the parties in greater detail.

2.2 Time is of the essence in the performance of this Agreement. Grant funds have a

limited duration of availability and cannot be spent after September 23, 2013 ("Grant Period")

unless the Grant is specifically extended by the State. Any expenses incurred after the Grant

Period will not be eligible for reimbursement. Moreover, if the Home Elevation Project is not

completed within the Grant Period, any expenses related to the Project are ineligible for

reimbursement, and any Grant payments already made may be subject to recapture, at the

discretion of the County, State or FEMA. The Homeowner shall notify the County grant

manager in writing if the work schedule is forecasted to extend beyond the Grant Period so an

extension request can be submitted to the State for approval on the Homeowner's behalf. The

Homeowner's request for an extension must be received in writing by the County grant manager

no later than 90 days prior to the end of the Grant Period on September 23, 2013. Whether the


County will submit an extension request to the State on the Homeowner's behalf is at the

County's sole discretion.

2.3 The Home Elevation Project shall be performed by a licensed and bonded

contractor ("Contractor"). The Homeowner shall not be reimbursed for any work performed

directly by the Homeowner unless the Homeowner is a licensed, bonded Contractor and the

Homeowner submits an itemized bid from an independent Contractor (not the Homeowner),

which must provide detailed costs for the work to be done by the Homeowner. Reimbursement

for work performed by the Homeowner will not exceed the bid of the independent contractor,

except for changes reviewed and approved by the County grant manager and Snohomish County

building officials. The Homeowner must acquire a minimum of three general contractor bids and .

the Homeowner shall keep these on file for review purposes as needed by the County grant

manager. The Homeowner shall award the work to the most credentialed, responsive, and cost

effective general contractor available as determined by the Homeowner's assessment. The

Homeowner shall screen the chosen general Contractor for federal disbarment. The County Grant

manager may assist the Homeowner with this if the selected Contractor's information is

forwarded to the County grant manger for the purpose of screening. The selected Contractor shall

maintain liability insurance equal to or greater in value than the sum of the home value and the

cost of the planned improvements.

2.4 The Homeowner shall be responsible for raising the residential structure such that

the Floor is at least one foot above the Base Flood Elevation (BFE); the BFE shall be determined

from the best available information. Snohomish County recommends that the Homeowner have a

licensed land surveyor establish an elevation benchmark on site for use during Project

construction. Snohomish County also recommends that the Homeowner have the surveyor verify


that the raised foundation is built to the appropriate height before the home is lowered onto the

raised foundation. This recommended survey work is in addition to the survey work that is

specifically required for the Elevation Certificate completion as referred to in Section ILD (5.8) of

this Agreement.

2.5 All utilities and mechanical equipment, such as furnaces and hot water heaters, are

to be raised to at least one foot above the BFE.

2.6 The Homeowner may choose to elevate the house, utilities, or mechanical

equipment to a height greater than one foot above the BFE. The Homeowner shall be responsible

for providing documentation precisely identifying the portion of the costs attributable to the

additional elevation beyond two feet above the BFE, and that portion of the costs will not be

eligible for reimbursement, but shall be the sole responsibility of Homeowner.

2.7 The Homeowner shall maintain compliance with all applicable permits, regulations

and approvals, including all floodplain management standards. The Homeowner is responsible

for the payment of all taxes due in the process including but not limited to Washington State

property, sales, and other applicable taxes. Failure to obtain any necessary environmental permits

at the federal, state, or local level may jeopardize federal funding assistance provided to the

Homeowner.

2.8 The Homeowner understands and shall instruct the Contractor that due to soil

liquefaction hazards, design engineering must be utilized to mitigate such hazards. Mitigation

proposals shall be prepared by a licensed architect, geotechnical engineer or structural engineer in

accordance with the standards contained in SCC 30.51A & 30.52F.300 Table R 301.2(1) —

amended, which involves seismic standards.

Memorandum of Understanding and Agreement for Snohomish County Home Elevation Project for Bruno, Michelle and Clark. Paul 28 Pine Ave., Parcel Number 00555900200100 , of 20

2.9 The Homeowner understands that the County is neither a party to nor a guarantor

of the Homeowner's contract with the Contractor. The County makes no endorsement,

recommendation or warranty regarding experience, qualifications, competence or expertise of any

Contractor, and the Homeowner has sole responsibility for evaluating whether a Contractor is

capable and possesses the skills, expertise, insurance and resources necessary to perform the

Home Elevation Project within budget and on time, and has sole responsibility for selecting the

Contractor. The Homeowner agrees and acknowledges that the Homeowner shall be solely liable

to the Contractor for payment of all costs and for any other matters related to the Home Elevation

Project, and shall indemnify and hold County harmless against any claim of any nature by the

Contractor in connection with or arising in any manner out of the Home Elevation Project. In the

event of a dispute between the Homeowner and the Contractor, the Homeowner and the

Contractor shall be responsible for resolution and the County shall have no responsibility or

obligation in the resolution process or outcome.

2.10 The County's sole financial obligation under this Agreement is to make payments

to the Homeowner for eligible costs from funds received from the State. The County shall have

no obligation to the Homeowner in the event claims submitted to the State are not allowed, nor

shall the County have any responsibility for any delays that may occur in submittal of claims to or

payment by the State. The Homeowner further agrees to repay to the County any amounts paid to

Homeowner which are later determined by the County, State, or FEMA to be ineligible for

payment.

2.11 The Homeowner understands that funding provided for this Home Elevation

Project are federal funds and that providing false information or accepting funds back from a

contractor as consideration for awarding the contract can constitute a violation of federal law


(Copeland Act —40 U.S.C. §3145) and may be subject to significant penalties and sanctions. The

Homeowners represents that they have not, either directly or indirectly, entered into any

agreement, participated in any collusion, or otherwise taken any action in restraint of free

competitive bidding in connection with this Home Elevation Project.

2.12 The Homeowner shall submit to the County grant manager two copies of approved

construction documents and an overall cost estimate for the Home Elevation Project. The

Homeowner shall provide a letter to the County grant manager that states that upon ground

breaking of the individual Home Elevation Project the Homeowner has sufficient financial

resources to complete the Project as it is planned at that time.

2.13 The Homeowner is responsible for disposal of all refuse, waste, and other debris,

including hazardous materials, from the Home Elevation construction area in coordination with

county solid waste programs or equivalent legal disposal alternatives. Refuse, waste, and other

debris generated during the Home Elevation Project shall not be stored in the flood plain.

2.14 The Homeowner will refrain from completing "extra work" outside of the Grant

funded improvements that are not permitted through the Home Elevation Project. Any "extra

work" deemed necessary for completion of the Project shall be submitted to the County grant

manager and County building officials in the Department of Planning & Development Services

for approval.

2.15 The Homeowner will provide a notification to the County grant manager if, during

any ground disturbing activities, evidence of cultural resources is discovered.

2.16 The Homeowner shall notify the County grant manager of any construction change

orders that affect the overall Project costs, or of any new costs that the Homeowner will submit

for possible reimbursement.

Memorandum of Understanding and Agreement for Snohomish County Home Elevation Project for Bruno, Michelle and Clark, Paul 28 Pine Ave., Parcel Number 00555900200100, of 20

2.17 The Homeowner shall assist the County grant manager with any questions that

may arise in the quarterly reporting or Grant close out process. From time to time information

may be necessary to complete reports and submit the appropriate - records to the State and Federal

government to complete the necessary reporting of Grant activities.

2.18 The Homeowner shall retain and submit for payment on a quarterly basis all

records, invoices and costs applicable to this Agreement in a professional manner. All records

shall be retained by the Homeowner for a period of 7-years after the Grant close out to support an

audit of any of the Grant or matching fund expenditures

B. Eligible Home Elevation Project Costs

3.0 Due to limited Grant funds, FEMA can pay up to but no more than 75% of the

eligible costs associated with the Home Elevation Project.

3.1 Subject to the provisions of Section II.D (5.3) of this Agreement, costs for the

Property related to the Home Elevation Project will be limited to a maximum of $93,290.66 of

which FEMA will pay up to but no more than 75%. The maximum amount to be reimbursed to

the Homeowner for the property is $69,967.99 (representing 75% of the maximum eligible costs).

Any expenses incurred above the maximum amount to be reimbursed will not be paid by FEMA,

the State or the County and must be paid by the Homeowner.

3.2 Costs eligible for reimbursement include all costs for eligible tasks, including

design and permit costs, within the limitations specified above. Washington State sales tax that

must be paid for eligible tasks is specifically included as an eligible cost.

3.3 Eligible tasks include the following:

a) Raising the house itself,

b) Raising the roof and extending the walls of the garage, if it is attached to the house;


c) Performing seismic structural mitigations required by the Snohomish County Code and the Uniform Building Code because of the Property's location within a mapped hazard area;

d) Raising mechanical equipment such as the furnace, water heater, fuel storage, the main electrical panel, and any associated switches, valves, or meters that must rise with the house;

e) Extending utility connections for electrical power, heating or cooking fuel, incoming potable water, and wastewater discharge;

f) Meeting access requirements of applicable building codes, including stairs with landings and guardrails at existing exterior doors;

g) Creating large vent openings in the foundation and walls sufficient to meet the size requirements for flood water entry and exit that would be applicable to new construction;

h) Completing an Elevation Certificate to verify the as-built relationship between the Floor and the BFE; and

i) Modifications of improvements to the septic system, as required for obtaining a building permit for this Home Elevation Project.

C. Ineligible Home Elevation Project costs

4.0 The following tasks are specifically ineligible, are not authorized for the up to 75%

reimbursement, and therefore will not be reimbursed:

a) Any work that is not strictly necessary to the safe completion of the Home Elevation Project;

b) Any repair of existing deficiencies, whether known or unknown. These could include, but are not limited to, structural deficiencies such as dry rot or insect damages, as well as deterioration, disrepair, or inadequacy of plumbing, heating, or other systems;

c) Additional costs for elevation more than two feet above the BFE;

d) Modifications to driveways or to garage floors;

e) Modifications to accessory structures that are not attached to the house;

I) Modifications to hot tubs, spas, pools, or related structures and accessories;


g) Modifications to decks or patios, except for those modifications that are specifically required by building codes such as stairway or landing modifications as described in Section II.B(3.4)(f) of this Agreement;

h) Filling, grading, or landscaping;

i) Lost rents or any additional living expenses such as for alternate shelter, or any other replacement of function or convenience normally associated with the Homeowner's use of the Property. These costs are not eligible for Grant reimbursement, even if the home is rendered temporarily or permanently unsafe or unsuitable for use or occupancy; and

j) In the event that the Home Elevation Project is not completed for the Property by the end of the Grant Period, any and all costs for design, permits, or any otherwise .eligible tasks are ineligible and will not be reimbursed. If costs have been previously reimbursed, the Homeowner will be responsible for repaying such costs to the County.

D. Project Sequence and Pam

5.0 The Homeowner shall secure the services of a professional designer(s), to the

extent required for permit application and approvals.

5.1 The Homeowner shall obtain bids for the Home Elevation Project from licensed

and bonded Contractors. The bids shall be clearly itemized, and must identify and separate

eligible costs from ineligible costs. All eligible costs are to be clearly identified and to reference

specific tasks that are identified in this Agreement as eligible Home Elevation Project tasks.

5.2 The Homeowner shall submit the bid of the selected Contractor to the County for

review and approval as meeting the minimum requirements for a responsive bid. Approval shall

be at the County's sole discretion. The County shall review the bid to determine conformance

with requirements of the Grant, and notify the. Homeowner whether the bid conforms. Bids that

do not conform will not be considered or approved.

5.3 After the county reviews and approves the bid as conforming for the Home

Elevation Project at the Property, the County will issue a Notice to Proceed to the Homeowner.


The Notice to Proceed will identify the maximum eligible expense for the Home Elevation

Project at the Property. If the bid, in terms of eligible expense, is less than the maximum eligible

expense cited in Section ILB (3.1) of this Agreement, then the maximum eligible expense will be

reduced to match the bid. The County shall notify the Homeowner of the maximum amount of

funds available for reimbursement to the Homeowner under the Grant. Any costs in excess of this

amount shall be the sole responsibility of the Homeowner.

5.4 Within thirty (30) days after the County issues the Notice to Proceed, the

Homeowner shall enter into a contract with any Contractor of the Homeowner's choice whose bid

has been approved by the County. The contract between the Homeowner and Contractor shall

require the work for the Home Elevation Project to be completed within one hundred twenty

(120) days, but in no case shall the construction contract extend beyond the Grant Period as

specified in Section II.A (2.2) of this Agreement. The Homeowner shall provide a signed copy of

the contract with the Contractor to the County.

5.5 The Homeowner shall obtain all necessary federal, state and county permits and

approvals prior to commencing the work and provide copies of these permits and approvals to the

County. The Homeowner shall be responsible for compliance with all applicable codes and

regulations in performance of the work performed for the Home Elevation Project. The

Homeowner shall maintain a valid flood insurance policy for the Property throughout the Grant

Period.

5.6 The County shall make progress payments at quarterly intervals and one final

payment following completion of the work. Requests for progress and final payments shall be

made on a form provided by the County, which shall be prepared and signed by the Contractor,

and must be approved by the Homeowner. With the payment request the Homeowner will


provide a brief quarterly report that discusses the spending and accomplishments of the last three

months, as- it relates to the home elevation construction reimbursement request submitted to the

County. The County shall determine the percentage of completion for purposes of authorizing

quarterly payments. Checks will be made payable to the Homeowner, upon approval of eligible

charges by the State; they will be issued within 45 days after receiving state approval of the

payment request with all required supporting documentation from the Homeowner. The

Homeowner will complete all Project work and pass all necessary permit inspections before the

final 25% of the Grant is reimbursed for eligible costs incurred during construction of the Project.

5.7 If the Homeowner elects for any reason to terminate participation in the Home

Elevation Project prior to completion, the Homeowner shall reimburse the County for any

payments made from Grant funds prior to the date of such termination and recognizes that no

future payments will be received from such date.

5.8 After completion of the Project, but prior to the final payment of Grant funds, the

Homeowner shall be required to submit an acceptable Elevation Certificate prepared by a licensed

land surveyor to the Snohomish County Department of Planning and Development Services.

5.9 Prior to the final payment to the Contractor, the Homeowner shall execute a

covenant in recordable form, as provided by the County, declaring the elevation of the Floor,

-including basement, of the elevated structure as established in the plans for the work, and

covenanting for the Homeowner and the Homeowner's heirs, successors, and assigns, that the

area below the Floor, including basement or crawlspace, as established in the plans for the work,

shall not be used or converted to living area for human habitation, or otherwise altered in a

manner which would impede the movement of waters beneath the structure of the residence. A

copy of the form to be used for this covenant is attached hereto as Appendix B, which is


incorporated herein and made a part hereof as though set forth in full. The Homeowner shall

record the original of such covenant in the real property records of Snohomish County upon

completion of the Home Elevation Project for the Property. In addition, the Homeowner shall

execute a covenant in recordable form with a legal description of the property and the following

notice of flood insurance requirements:

"This property has received federal hazard mitigation assistance. Federal. law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property. Pursuant to 42 U.S.C. § 5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR § 60.3 and city / county ordinance."

B. Informed Consent - Release/Hold Harmless - Non-discrimination

6.0 The Homeowner shall execute together with this Agreement an Informed Consent,

Release and Agreement to Hold Harmless, Indemnify and Defend, as set forth in Appendix C,

attached hereto, which upon execution is incorporated herein and becomes a part hereof as though

set forth in full.

6.1 Non-discrimination: The Homeowner shall comply with the Snohomish County

Human Rights Ordinance, Chapter 2.460 SCC, which is incorporated herein by this reference.

Execution of this Agreement constitutes a certification by the Homeowner of the Homeowner's

compliance with the requirements of Chapter 2.460 SCC. If the Homeowner is found to have

violated this provision, or furnished false or misleading information in an investigation or

proceeding conducted pursuant to Chapter 2.460 SCC, this Agreement may be subject to a

declaration of default and termination at the County's discretion. This provision shall not affect

the Homeowner's obligations under other federal, state, or local laws against discrimination.


F. Entire Agreement/Waiver/Default

7.0 This Agreement sets forth the complete expression of the agreement between the

parties hereto, and any oral representations or understandings not incorporated herein are

excluded. The parties recognize that time is of the essence in the performance of this Agreement.

There are no commitments, warranties, representations, understandings or agreements other than

those expressly set forth herein. Waiver of any default shall not be deemed to be' a waiver of any

other or subsequent default. Waiver or breach of any provision of this Agreement shall not be

deemed to be waiver of any other or subsequent breach and shall not be construed to be a

modification of the terms of this Agreement unless stated to be such through written approval by

the County, which shall be attached to the original of this Agreement. In the event of default or

breach of any of the terms or provisions of this Agreement by the Homeowner, Snohomish

County shall be entitled to a full refund of any and all payments made to the Homeowner, and

shall be relieved of any obligation to pay the Homeowner any additional funds. Failure to

complete this Project in a timely manner, as described in Section II.A (2.2) above, is a material

breach of this Agreement.

G. Termination

8.0 The Homeowner may terminate this Agreement upon 30 days written notice to the

County.

8.1 The County may terminate this Agreement immediately by written notice to the

Homeowner if there is a reduction in funds by the source of the funds or if the funding Grant

contract between the County and the State is terminated or if there is no local legislative


appropriation of necessary funds for this specific purpose in accordance with the Charter and

applicable law beyond December 31, 2011.

8.2 The Homeowner will not be reimbursed for any Project costs incurred on or after

the date of termination. Upon termination, if the Project is not complete to the satisfaction of the

County, State, and FEMA, the Homeowner is obligated to repay, within 90 days of written

request by the County, all previously reimbursed Project costs. Termination shall not affect the

rights of County under any other section or paragraph herein.

H. Additional Provisions

9.0 The Homeowner shall not assign any of the rights, duties, or obligations covered

by this Agreement without the prior express written consent of the County and the State.

9.1 The Homeowner shall comply with all applicable federal state, and local laws,

rules, and regulations in performing this Agreement.

9.2 This Agreement shall be governed by the laws of the State of Washington and any

'lawsuit regarding this Agreement must be brought in Snohomish County, Washington.

9.3 Each signatory to this Agreement represents that he or she has full and sufficient

authority to execute this Agreement on behalf of the County or the Homeowner, as the case may

be, and that upon execution of this Agreement it shall constitute a binding obligation of the

County or the Homeowner, as the case may be.

9.4 The recitals are a material part of this Agreement and are fully incorporated herein

and made a part hereof.

9.5 This Agreement may only be amended by written agreement signed by both

parties.


• 9.6 Should any conflicts exist between Appendix D and the text of this Agreement, the

text shall prevail.

COUNTY/OHOMISH

HOMEOWNER(S) NAME

Print Nacne( 1/// PETER B. CAMP

Print Name: Dated: Executive Director Date: /t

I ? •; •'

Print Name: Paul,Clark Date:

Snohomish County Home Elevation Project for Bruno, Michelle and Clark, Paul 28 Pine Ave., Parcel Number 00555900200100 , of 20

LEGAL DESCRIPTION

RIBS ADD TO SNOHOMISH BLIP. 002 D-00 - ALL LOTS 1-2-3

Parcel Number: 00555900200100


: RI * as aP I.L

• WHEREAS, the United States of America, acting through the Federal Emergency Management Agency, the Washington State Military Department, and Snohomish County, Washington have entered into a Grant Agreement for Flood Mitigation Assistance Program Grant Project Funds; and

WHEREAS, the residence located at 28 Pine Ave., is eligible for raising-in-place in connection with said Home Elevation Project; now, therefore;

FOR AND IN CONSIDERATION of the benefits to be derived from participation in said Home Elevation Project, we, Bruno, Michelle and Clark, Paul the owner(s) of said residence, the legal description of which is as follows: RIES ADD TO SNOHOMISH BLK 002 D-00 - ALL LOTS 1-2-3, Parcel Number: 00555900200100, do hereby promise and covenant that on completion of said raising-in-place, no part of the raised residence located below the level of the lowest habitable finished floor will thereafter be converted to living area for human habitation, or otherwise altered in a manner which would impede the movement of waters beneath the structure.

The promise and covenant made herein shall ran with the land, and shall be binding on our heirs, successors, and assigns. We furthermore agree not to file a claim for damages against Snohomish County with regard to contents stored beneath the lowest habitable finished floor that may be damaged by floodwaters nor shall we file any claims for damages to the area beneath the lowest habitable finished floor as a result of conversion for human habitation.

WITNESS OUR HANDS, this d^,?, day of oumQ, ,.2,,,—

Min-:'e-oi-w^nerls Name Homeowner's

STATE OF WA :1 atet.) COUNTY OF SNOHOMISH

Personally appeared before me, a Notary Public in and for the state and county above mentioned, 01( e-116 , JOc t C-Ic.. , the within named Homeowner(s), with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who acknowledged that they executed the foregoing instrument for the purposes stated herein.

SWORN to before me this - day of J e ,20112&1 .^UBSCRMF,D AND

Printed Name: (Jj L Lirc - NOTARY PUBLIC in and for the Sate of

Washington, residing at Slv kon 0 ___

t\ My Commission Expires: 3-6 NOTARY

PUBL IC ) )


'icv' • Ill ji, 111 IJ ,J UkJ4d JJ * ' 31 *J

Snohomish County is a charter county government under the constitution of the State of Washington, hereinafter referred to as "the County." The Department of Public Works, Surface Water Management Division is an Executive department of Snohomish County. In the regular course of providing flood, damage reduction services in Snohomish County, the Division of Surface Water Management has received a Grant from the Washington State Military Department under the Hazard Mitigation Assistance Program to provide assistance in the elevation of homes located within Snohomish County and subject to damage by flooding.

We Bruno, Michelle and Clark, Paul (collectively referred to as 'We") owner(s) of the residence located at 28 Pine Ave., which has been identified as subject to flooding, wish to participate in the Flood Mitigation Assistance Program by receiving funds to assist in having our home physically elevated to at least one foot above the 100-year Base Flood Elevation using the best available information.

We recognize, acknowledge, and agree that a construction project of this nature will require special skills and may involve cosmetic, functional as well as structural alteration to our residence and/or impacts to its contents. We alone will be responsible to select the Contractor and/or oversee the work to our satisfaction. We also recognize, acknowledge and agree that the County is a funding source only and there will be no liability attached to the County as a result of its entering into the Agreement to which this Appendix C is attached.

For and in consideration of our participation in this program, as part of the eligibility for receiving Grant funds, and of the County materially relying thereon in determining eligibility for such funds, We agree to release, forever discharge and hold harmless the County, its officers, officials, employees and agents from any liability or claim of liability of whatsoever kind or nature which might arise out of this construction effort and our participation in the Flood Mitigation Assistance Program. We further agree to defend the County, its officers, officials, employees and agents at no cost to the County, against any claim of liability and/or cause of action asserted against them arising out of the construction work and/or our participation in this program.

-055 R11V 'Atom

SUBSCRIBED AND SWORN to before me this a22 day ofC1 I c.

0u0

Printed Nam: Q;Jy sON NOTARY PUBLIC in and for the State of Washington, residing at A . 0 My Commission Expires: 7 -( -)o/ / . PUBLIC

3-06-2014 ,)


APPENDIX D

1 i •, 1 i0i`I

! ',


Washington State Military Department MITIGATION PROJECT GRANT AGREEMENT FACE SHEET

1. Applicant Name and Address: 2. Total Project Amount 3. Grant Number Snohomish County $334,677.59 F,L Ell-215 3000 Rockefeller Avenue, MS:607

up to $251,008.19 F & $83,669.40 L Everett, Washington 98201-4046 4. Applicant Agent; phone number 5. Grant Start Date: 6. Grant End Date:

Steven Thomsen (425) 388-6652 September 24, 2010 September 23, 2013 s.thomsenco.snohomish.wa.us

7. MD Program Manager/phone number. 8, Data Universal Numbering System 9. UBI # (state revenue): Mark W. Stewart, (253) 512-7072 (DUNS): 313-005-741 m.stewart(emd.wa.gov 079247979

10. Funding Authority: Washington State Military Department (the "Department"), and Federal Emergency Management Agency (FEMA)

11. Funding Source Agreement #: I 12. Program Index # 13. Catalog of Federal Domestic Asst (CFDA) 14. TIN or SSN:. EMS-2010-FM-E002 703J0 NZ # &Title: 97.029 (FMA) 91-6001368

15. Service Districts: 16. Service Area by County(ies): 17. Worsen/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 1, 10, 21, 32,38,39,44 Snohomish County

Certified?: X NIA 0 NO (BY CONGRESSIONAL DISTRICT): 2nd 0 YES, OMWBE

18. Contract Classification: 1 19, Contract Type (check all that apply)!

o Personal Services 0 Client Services X Public/Local Gov't 0 Contract X Grant X Agreement

o Collaborative Research 0 A/E 0 Other Intergovernmental (RCW 39.34) 0 Interagency

20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" . 0 Competitive Bidding 0, Private Organization/Individual 0 For-Profit o Sole Source 0 A/E RCW 0 N/A X Public Organization/Jurisdiction X Non-Profit El Filedw/OFM? 0 Advertised? DYES DNO 0 VENDOR 0 SUBRECIPIENT X OTHER

22. BRIEF DESCRIPTION: Project Title:. Snohomish County Home Elevation. To provide funds to the Applicant for the herein proposed project as noted in Attachment #1-Description of the Project; Attachment #2-Project Development Schedule; Attachment #3-Project Budget; Attachment 4-Certification and Assurances; and the FEMA approved project application, which are incorporated herein by this reference.

IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, and any other exhibits, attachments or references govern the rights and obligations of both parties to this Grant Agreement

In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order

1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description as outlined in FEMA approved Project Application 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the contract incorporated by reference.

This Grant Agreement, including all attachment, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.

WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FO7THE DEPARTMENT: FOR THE A

nature Date Sionafure/ COUNUSEONLY James M. Mullen, Director - M&{')

Jttil: Emergency Management Division U Washington State Military Department

APP APPROVED AS TO FORM: Brian Buchholz (signature on file) 9/9/2010

' Assistant Attorney General Applicant's lLegl Review Date

orm iu,xiiuu KOD

Mitigation Project Grant Agreement Page 1 of 23 Snohomish County E11-215

Washington State Military Department SPECIAL TERMS AND CONDITIONS

ARTICLE I — COMPENSATION SCHEDULE:

1. PROJECT FUNDING The DEPARTMENT will administer the Flood Mitigation Assistance grant program and will pass through the federal match. The APPLICANT will commit the required local match. a. The total cost of the project for the purposes of this Grant Agreement is $334,677.58 dollars;

PROVIDED that, if the total cost of the project when comnp|eted, or when this Grant Agreement is terminated, is actually less than above, the actual cost shall be substituted herein.

b. The value of the contributions by the APPLICANT to the project shall be $83,669.48 dollars, or 25 percent, at minimum, of the total project cost. The APPLICANT'S contributions may be cash or in-kind, must be from a non-federal source, must be reaaonob|o, aUovvab|e, aUoceb>e, and must comply with all Federal requirements and regulations.

c. When the DEPARTMENT enters into an agreement with the Federal Emergency Management Agency (FEMA) to contribute federal funds to this project, that federal contribution will be $251,0D8.19 doUars, or 75 percent of the total p ject cost, whichever is less.

d. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in Subsection c above, unless that additional amount has been approved in advance by both the DEPARTMENT and APPLICANT and is incorporated by written amendment into this Grant Agreement.

e. Transfer of funds between construction and non-constructions budget categories is allowed only upon prior written approval and authorization of the DEPARTMENT. Approved budget categories are as specified or defined in the P ject Budget, Attachment #3.

2. GRANT AGREEMENT PERIOD Activities payable under this Grant Agreement and to be performed by the APPLICANT under this Grant Agreement shall be those following the obligation of federal funds on September 24, 2010 and shall terminate September 23, 2013. This period shall be referred to herein as the Grant Agreement Period and/or Period of ParfVrnnonoa, unless expressly stated otherwise. Costs incurred during the Grant Agreement Period shall be costs incurred after effective date of the Grant Agreement Period. a. The APPLICANT shall complete the project as described in the FEMA approved project application

Snohomish County Home , incorporated herein by reference, and described in Attachments #1, #2 and #3. In the event of extenuating circumstances, the APPLICANT may request, in writing, that the DEPARTMENT extend the deadline for Grant Agreement completion. The DEPARTMENT may, in its sole discretion, extend the deadline. Refer to Exhibit A, General Terms and Conditions Section AA for Amendments and Modifications.

b. No expenditure made, or obligation incurred, following the Grant Agreement Period shall be eligible, in whole or in part, for grant funds. In addition to any remedy the DEPARTMENT may have under this Grant Agreement, the amounts set out in Article 1, section 1. Project Funding, above, may be reduced to exclude any such expenditure from participation.

c. Failure to complete the project in atinne|y rnanner, as outlined in Attachment #2, is a material breach of this Grant Agreement. Refer to Exhibit A, General Terms and Conditions Section A.5 for termination and other remedies.

3. PROJECT PAYMENT(s) The DEPARTMENT, using mitigation funds from the Flood Mitigation Assistance grant program, authorized under Section 1366 of the National Flood Insurance Act of 1968, as amended, 42 U.G.C. 4140c ' shall issue payments to the APPLICANT as follows: a. Payment for eligible, reimbursable work completed and billed on an A-19. Voucher DiathbuUon, with

acceptable dooumnentation, to include, but not limited to, copies of receipts for all goods and services purcheaed, copies of invoices from contractors and subcontractors for work completed, and copies of timesheets or other documentation for staff or donated personnel time spent on the project.

Mitigation Project Grant Agreemen Page 2 of 23 Snohomish County El 1-215

b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the total project funding, as specified in Article |, section 1, Project Funding, to the APPLICANT until the project has been completed and given final approval by the DEPARTMENT.

c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60 days after submission by the APPLICANT of the final report, an A-19, Voucher Distribution, and completion of all final inspections by the DEPARTMENT. Final payment by the DEPARTMENT also may be conditioned upon a financial rexievv, if determined necessary by the DEPARTMENT. Adjustments to the final payment may be made following any audits conducted by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector General, or their authorized representatives.

ARTCLED— DOCQKOENTATQN

The APPLICANT is required to retain all documentation which adequately identifies the source and application of all mitigation grant funds for six years following the closure of this grent. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred.

ARTICLEDl— REPORTS:

In addition to the reports as may be required elsewhere in this Grant Agreement, the APPLICANT shall promptly prepare and submit the following reports to the DEPARTMENT's Key Personnel: • Quarterly progress reports, no later than the 15 m day following the end of the fiscal quarter, indicating

the status of the project. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project, and whether cost under runs or over runs are expected. In addition, the APPLICANT should note any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT.

• A final report when the project is onnnp|eted, prematurely terrninated, 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 connp|etion, 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.

ARTCLE[V —TNME EXTENSIONS

A time extension request for Grant Agreement completion must be submitted by the APPLICANT to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time extension request must be in writing and identify the pr ject, the reason the p ject has not been completed within the approved Period of Pedbrrnance, a current status of the completion of the vvork, a detailed timeline for completion of the remaining a|ennente, and an anticipated completion date for the completion of the remaining work. Failure to timely submit a complete time extension request may result in denial of the time extension and loss of funding for the project.

ARTICLE V — SUBRECIPIENT MONITORING:

1. The DEPARTMENT may engage in the following to monitor the use of Project Funding and project activities by the APPLICANT under this Grant Agreement during the Period of Performance and for the life of any equipment purchased under this Grant Agreement for compliance with federal and state audit requinannants, federal grant guidance, and applicable federal and state financial regu|otiono, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations:

a. Review quarterly project performancerepors; b. Review of all documentation related to APPLICANT completion of Grant Agreement deliverables and

compliance with the Grant Agreement; c. Review of reimbursement requests to ensure allowability and consistency with Grant Agreement

budget;


d. On-site visits with the APPLICANT and of the pro ject to rev iew work in progreao, equipment records and invertories, verify source documentation for reimbursement requests and performance reports, verify other supporting documentat ion, and verify completion of the project funded under this Grant Agreement.

2. As a subrecipient of federal funds, the APPLICANT is required to meet or exceed the monitoring aotiVitiee, as outlined above, for all contractors, consultants, and subrecipients who receive pass-through funding from this Grant Agreement.

ARTI CLE VI—CLOSE-OUT

To initiate close-out, the APPLICANT is required to certify in writing the date completed and total amount expended on the p ject on FINAL PROJECT REPORT form to the DEPARTMENT. After rece i pt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site inspection and rev iew supporting documentation for compliance with the requirements of the Grant Agreement.

Prior to project close-out, the APPLICANT shall provide the DEPARTMENT with acceptable documentation supporting compliance with the Grant Agreement. General documentation supporting compliance with the Grant Agreement typically inc|udas, but is not limited to, the following;

• Photographs of the structures or properties involved in the project prior to project implementation and after pr ject implementation.

=

Digital geospacial coordinates (latitude and longitude) for each structure with an accuracy of ± 20 meters (64) feet.

p Certificate of occupancy or equivalent documentation from the appropriate regulatory authority for each structure to certify it is code-compliant.

* Certification that the APPLICANT has met the environmental and historic preservation conditions of the grant award as described in this Grant Agreement.

^

Copies of all compliance and consultation documentation required by the grant award as described in the Grant Agreement (e.g., coastal zone management consistency determination from Department of Ecology).

°

Copies of all documentation related to inspection for and removal and disposal of asbestos and other hazardous materials from each property.

Specific additional documentation requirements for projects to acquire properties for open space include, but are not limited to, the following:

• Signed Statement of Voluntary P from owner of each acquired property. ° Documentation of dates of acquisition and structure demolition or nannovol from property for each

property. w Copy of recorded open space deed restrictions for each acquired property. ° Copy of AW-501 form filed with National Flood Insurance Program for each acquired repetitive loss

property. • Documentation of consultation with Army Corps of Engineers and State Department of Transportation

regarding future use of each property.

Specific additional documentat ion requirements for pro jects to elevate structures above the base flood elevat ion indude, but are not limited to, the follow i ng:

m

Copies of the pre-p jeote(avatoncertUioataforeauhatnuoture,ordOnumentetonofmethodo|ogyuaed to calculate the first-f loor elevations.

m Copies of the post-p ject elevation certificate for each structure. » Copies of certificate of occupancy for each elevated structure to certify that it is code compliant. " Certification by an engineer, floodplain manager or other senior official of the APPLICANT that each

completed structural elevation is in compliance with local ordinances and National Flood Insurance Program regulations and technical bulletins.

* Copy of AW-501 form filed with National Flood Insurance Program for each elevated repetitive loss property.


°Copies of proof of flood insurance for each elevated structure. = Copies of the recorded deed restriction related to maintenance of flood insurance for each property

within the Special Flood Hazard Area.

The DEPARTMENT will consult with the APPLICANT regarding other documentation requirements of the Grant Agreement throughout the Perio of Performance.

1. The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing.

APPLICANT:

Name: David J. Wilso Title: Natural Resource Engineer E-mail address: david.wilson .orQ Phone Number: (425) 388-3464 ext 4619

Staff name: Mark W. Stewart State Hazard Mitigation Programs Manager

(253) 512-7072

ARTICLE Vill — ADMINISTRATIVE AND /OR FINANCIAL MANAGEMENT AND ACCOUNTING:

1. The APPLICANT shall comply with all applicable state and federal laws, regulations, and program guidance. A non-exclusive list of laws and regulations commonly applicable to FEMA grants are listed here for reference only, and include but are not limited to, the following: ° Title 44 Code of Federal Regulations (CFR) Subpart N /206.430' .440\ ' Hazard Mitigation Grant

Program ° Title 44 CFR Parts 7, 9, 10. 13, 17, and 18. ° Title 44 CFR Part 80, Property Acquisition and Relocation for Open Space. ° Hazard Mitigation Assistance Unified Guidance, FEMA, June 1, 2009.

2. The APPLICANT shall comply with OMB Circulars as applicable to their orQanizetion, including but not limited to the following:

Cost Principles o 2 CFR Part 220 — 0MB Circular A-21, as revised, Cost Principles for Educational Institutions o 2 CFR Part 225—(}K8B Circular A-87, as revised, Cost Principles for State, Local and Indian

Tribal Governments. o 2 CFR Part 230— 0MB Circular A-122, as revised, Cost Principles for Non-Profit Organizations Administrative Requirements o 0K8B Circular A-102. as revised, Grants

Governments u 2 CFR Part 215 — 0K8B Circu|a|Ar11O.

Grants and Cooperative Agreements with Non-Profit Organizations

Audit Requirements

and Cooperative Agreements with State and Local

as revised, Uniform Administrative Requirements for Institutions of Higher Educatnn. Hospitals, and Other

o {}MB Circular A-133, as revised, Audits of States, Local Governments, and Non-Profit Organizations

PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS In completing this project, the APPLICANT must adhere to the following programrnatic, environmental and historic preservation conditions:

a. Scope of Work Chan Requests for changes to the Scope of Work after grant award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the application, the feasibility and effectiveness of the project,orraduoetheBenofitCostRatiobe|oxv1.O. Requests must be sup rted by adequate justification, including a description of the proposed change; a written explanation of the reason or reasons for the change; an outline of remainingfunds available to support the change; and a full description of the work necessary to complete the activity.

Mitigation Project Grant Agreement Page 5 of 23 Snohomish County Eli -215

A proposed change to the approved Scope of Work (as presented in the FEMA approved project applicat ion) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re- eva|uation for compliance with National Environmental Policy Act (NEPA) and other Laws and Executive Orders. Prior approval for a change to the approved Scope of Work must be obtained from the DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a revised Scope of Work could result in ineligibility of resulting costs.

b. Cost overruns in excess of the approval budget are full the res lity of the APPL I CANT including those costs resulting from a change in the Scope of Work. The pro ject must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater in the event of cost overrun.

o. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding provided by this Grant Agreement.

d. Confirm with the State Department of Ecology whether this pro ject will require a consistency determination under the Coastal Zone Management Act. If required, the APPLICANT shall obtain and comply with all requirements of the determination prior to starting the p ject.

e. Complete a final floodplain notice per 44 CFR 9.12 and wait at least 15 days from notice before implementing elevation work.

f. Conduct work during the non-flood season as determined by the local floodplain administrator.

g. Ensure that all completed work is in compliance with applicable state and local buildi ngs codes and flood damage prevention legislation.

h. Ensure all elevations will be at least to the base of flood elevat ion and per the local floodplain ordinance/permitting requirements for the floodplain, and the work must remain substantially within the original footprint of the structure.

i

Per the FEMA National Flood Insurance Program — Endangered Species Act Biological Opinion issued by National Marine Fisheries Service, so long as the proposed elevations do not result in a greater than 10 percent expansion of the footprint, or include additional fill resulting in a loss of floodplain storage; they are considered compliant with the Biological Opinion and the Endangered Species Act. See

. If site work and/or the proposed elevation method does not meet the above, the APPLICANT must notify FEMA for re-evaluation of pr ject effects on threatened and endangered species.

j . For elevation of the Tribole residence, several special conditions apply due to the unusual configuration of this split-level house and the 12 foot difference between existing Lowest Finished Floor and the Base Flood Elevat ion (BFE). The two-story house is being elevated over a full story above grade, with the garage remaini at grade.

1. Eligible costs relative to the Ground Floor living areas are limited to an increase in habitable living area of up to 10 percent to accommodate relocation of laundry facilities from the garage and additional landings, etc. necessary to accommodate the three-level interior staircase.

2. Existing Ground Floor walls shall be re-used to the max i mum extent poeaib|e, recognizing that the exist i ng floor is slab-on-grade concrete and is not proposed to be jacked up on cribbage as part of the elevation process. While a new wood-frame floor system must be built for the Ground Floor living areas to be elevated above BFE, the elevation process must incorporate and re-use 50% or more of the existing exterior and interior walls. Otherwise, the elevation plans could be construed to cause "construction of new habitable living areas above BFE," which is not eligible under the FMA grant program. Elevating existing habitable living areas is indeed eUgib|e, as is remodeling/renovation/re-use as part of this process, but not "new construction."

3. Construction of any "new habitable living areas" could occur in the former garage area of the elevated Ground Floor, since the garage will remain at-grade. However, such construction is not an eligible cost for this grant, and is fully the financial responsibility of the homeowner. The exception to this is the construction (and re-use of existing Ground Floor walls) necessary to

n^ support the elevated 2 floor, and the finishing/re-finishing of external walls to match the rest of the elevated Ground Floor living areas. Any Building Code requirements for insulating and/or finishing such areas with dry-wall for fire protection are also eligible costs. Hovvever, no costs


for painting or finishing these "new habitable living areas" are eligible under the terms of this grant program.

4. The new and/or reused walls that remain as part of the foundation floor of this houae, and any interior finishing of the "below-BFE" ground floor garage, storage areas, and entry/staircase areas must comply with the minimum requirements of the National Flood Insurance Program (NFIP) and any higher standards imposed by local or state regulations. This includes limitations on use of such areas, provision of hydrostatic openings in exterior walls, and construction and finishing utilizing flood-resistant materials to minimize future flood damage.

5. Draft and Final plans must be provided to the DEPARTMENT for approval prior to commencement of construction. Such plans will include at minimum: simplified before and after elevations and floor p|ano, and a narrative description of how the house will be a|evetad, existing walls and materials re-used, and how enclosed areas will be utilized, floor by floor.

k. Monitor site work during grou activities for evidence of potential archaeologicalmsources that are uncovered. APPLICANT must halt the project in the event historically or archaeologically significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence may ino|ude, but is not limited to, artifacts such as arnom/heads, bone fragments, pottery shards, and features such as fire pits or structural elements. All reasonable measures must be taken to avoid or minimize harm to such resources until such time as the APPLICANT notifies the DEPARTMENT, and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native American tr|beo, determines appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal remains, the APPLICANT is required by state law to notify the county coroner and local law enforcement in the most expeditious manner possible and to immediately stop any activity which may cause further ground disturbance.

i Determine the presence of hazardous materials and/or toxic waste, and identify, handle, manage, abate and dispose of such materials in accordance with the requirement and to the satisfaction of the governing |ocu|, state and federal ogenciea, including but not limited to the Washington Department of Ecology. Such materials may inc/ude, but are not limited to, asbestos, lead-based peint, propane cylinders, sand blasting neoidue, discarded paints and solvents, cleaning chemicals, containers of pesticides, lead-acid batteheo, items containing chlorofluorocarbons (CFCs), motor oil and used oil fi|b*na, and unlabeled tanks or containers.

m. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or disposed of in a floodplain and/or a wetland.

n. Select, irnp>annent, monitor, and maintain Best Management Practices (BMPs) to control soil erosion and aedimentotion, reduce spills and poUution, and provide habitat protection. The acquisition site shall be stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the existing building footprint area and not beyond undisturbed portions of the site.

o. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in-water work will occur or if any work will occur below the ordinary high water mark of any water resource in the orea, so further coordination/consultation can take place with the National Marine Fisheries Service (NMFS) to determine whether appropriate measures have been taken to ensure the project is in compliance with the Endangered Species Act.

p. Resubmit the project to the DEPARTMENT and FEMA for re-evaluation for compliance with national environmental policies if the "Project Limits" (including deahng, excovation, temporary staging, construction, and access areas) extend into: 1) an area not previously identified for environmental and historic preservation naview, or 2) previously undisturbed ground. Additionally, all work on the project in these areas must stop until this re-evaluation is completed.

2. CONSTRUCTION DOCUMENTS, CONTRACTS, CHANGE ORDERS

a. Construction Document Approval: The APPLICANT agrees to submit one copy of all construction plans and specifications to the DEPARTMENT for review and approval prior to solicitation of bids for construction. Review by the DEPARTMENT will be for compliance with the terms of this Grant Agreement.

Mitigation Projec Grant Agreement Page 7 of 23 Snohomish County El 1-215

b. Construction Contracts: Construction contracts shall be awarded through a process of competitive bkjding, if required by federal, state and local law. Copies of all bids and contracts awarded shall be submitted to the DEPARTMENT upon request. Where all bids are substantially in excess of p ject estimates, the DEPARTMENT nnay, by notice in writing, suspend the project for determination of appropriate action, which may include termination of the Grant Agreement.

c. Construction Change Order: All change orders must be in writing and shall be submitted to the DEPARTMENT. The APPLICANT shall pay any increase in the cost of the project as the result of a change onjer, unless the DEPARTMENT has agreed to the change, with a written amendment to this Grant Agreement.

3. SPECIAL FLOOD HAZARD AREA REQUIREMENTS

For structures that remain in the Special Flood Hazard Area (SFHA) after the implementation of the mitigation p ject, flood insurance must be maintained for the life of the structure. The SFHA is defined as the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year.

The following requirements apply to any project involving the alteration of existing stnuotunsa, to include Mitigation Reconstruction projects that are nitedwithin an SFHA.

a. When the project is implemented, all structures that will not be demolished or relocated out of the SFHA must be covered by a National Flood Insurance Program (NFIP) flood insurance policy to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less.

b. The sub-applicant (or property owner) must legally record with the county or appropriate jurisdiction's land records agency a notice that includes the name of the current property owner (including book/page reference to record of current titie, if readily available), a legal description of the propedy, and the following notice of flood insurance requirements:

"This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer Of ownership of such property. Pursuant to 42 U.S.C. § 5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The Property Owner is also required to rnointain1hispropertyinaocopdanoewiththeMoodp|oinmanogennentnriterimnf44CFRGOO.3and City / County Ordinance."

c. Copies of the recorded notices for each property will be provided to the DEPARTMENT at project closeout.

4. PROCUREMENT

APPLICANTS shall comply with 44 CFR 13.36. Procurement, when procuring annicea, suppUeo, and property funded by this Grant Agreement.

5. ACQUISITION AND MANAGEMENT OF EQUIPMENT

The APPLICANT agrees that all equipment purchased under this Grant Agreement wil be recorded and maintained in the APPLICANT'S equipment inventory ayatern, in compliance with 44 CFR 13.32, Equipment.

a. Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the APPLICANT.

b. The APPLICANT shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability.

c. The APPLICANT shall maintain equipment records that include: a description of the property; the manufacturer's serial nunober, model number, or other identification number; the source of the equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds 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.

Mitigation Project Gran Agreement Page Dof23 Snohomish County El 1-215

d. Records for equipment shall be retained by the APPLICANT for a period of six years from the date of the disposition, replacement or transfer If any WUgetion, cJajrn, or audit is started before the expiration of the six year period, the records shall be retained by the APPLICANT until all |Utigabon, claims, or audit findings involving the records have been resolved.

e. The APPLICANT 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 APPLICANT to determine the cause of the difference. The APPLICANT ohoU, in connection with the inYentory, verify the existence, current utilization, and continued need for the equipment.

f. The APPLICANT shall develop a control system to ensure adequate safeguards to prevent |osa, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated.

g. The APPLICANT will develop adequate maintenance procedures to keep the property in good condition.

h. If the APPLICANT is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

i. 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 egenoy, disposition of the equipment will be made aefollows: i. Items of equipment with a current per-unit fair market value of less than $5.000 may be retained,

sold or otherwise disposed of by the APPLICANT with no further obligation to the awarding agancy. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the APPLICANT shall compensate the Federal-sponsoring agency for its share.

As a subrecipient of federal funds, the APPLICANT must pass on equipment management requirements that meet or exceed the requirements outlined above for all nontnsotons, consultants, and subrecipients who receive pass-through funding from this grant agreement.


0TACHMENT#1

STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT

APPLICANT: Snohomish County PROJECT TITLE: Snohomish County Home Elevation

The purpose of this project is for Snohomish County to elevate two structures in the Snohomish River Basin. The property addresses are as follows:

11420 Treost Road, Snohomish, WA 98290 (Tr i bole 28 Pine Avenue, Snohomish, WA 98290 (Bruno-Clark Residence)

A specific and more detailed scope of work for these two properties is found in the FEMA-approved project application, FK8A-PJ-1O-VVA-2010-002. which is incorporated herein by reference.

Snohomish County Agrees To the Following:

1. Accomplish tasks outlined above, in the Project Development Schedule-Attachment #2, 8nd according to the P ject Budget-Attachment #3.

2, Submit and obtain prior approval from the DEPARTMENT and FEMA before implementing, changes to the approved project Scope of Work as described in the FEMA-app ^oved project application and in this Grant Agreement. A change in the Scope of Work must be approved by the DEPARTMENT and FEMA in advance regardless of the budget implications. Failure to receive advance approval by the DEPARTMENT and FEMA will jeopardize continued funding of the pr jeot.

3. Submit quarterly reports that cover the previous three months no later than the 15 m of the following month (or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports are required regardless of the level of work completed during the reporting period. Quarterly reports must include sufficient narrative to determine the degree to which the project has been imp|onnented, the estimated time for completion, and significant developments such as delays or adverse conditions that might raise costs or delay oornp|ation, as well as favorable conditions allow ing lower costs or earlier completion.

4. Submit signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify the task completed and any other funding identification pertinent to that task, including match. Supporting documentation of all costs, to include tracking of staff time spent on the pr 'ectthruu0htimeehesteorother documentation; dated invoices from contractors and subcontractors for work completed; dated invoices for goods and services purchased; and in-kind contributions of personnel, equipment and supplies is required. Project costs must be tracked and reported by approved budget cost categories as found in Project Budget, Attachment #3. Documentation of expenditures by approved budget cost categories should be made on a separate spreadsheet or table and included with each A-19, along with invoices attached for all goods and services purchased.

5. Submit a signed final pr ject report before final reimbursement is made by the DEPARTMENT.

The Military Department Agrees To:

1. Provide staff coordination and input regarding grant administration for funding and technical assistance for project and reviews for mitigation construction projects, as necessary.

2. Reimburse Snohomish County within 30 days of receipt and approval of signed, dated invoice voucher(s) (state form A-1 R\ with adequate documentation of costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs must be categorized according to the budget item and cost classification shown in the Project Budget, Attachment #3.

3. Coordinate with the staff of Snohomish County to schedule any site or final inspections by DEPARTMENT staff.

Mitigation Project Grant Agreement Page 10 of 23 Snohomish County El 1-215

ATTACHMENT #2

PROJECT DEVELOPMENT SCHEDULE

APPLICANT: Snohomish County PROJECT TITLE: Snohomish County Home Elevation

DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE

Execute Contracts with Property Owners November 2010

Architectural, Surveying, Engineering Contracts January 2011

Plan review and Permitting January 2011

Contractor Bidding and Selection March 2011

Elevation Preparations April 2011

Home Elevations May 2011

Construction of Foundations and Walls June 2011

Utility Reconnections July 2011

Installation of Shear Walls, Ext Siding, Seismic Anchors

August 2011

Installation of Stairs, Landings, Handrails, Misc Safety Features

September 2011

Inspections and Contractors Punch List Items September 2011

Administrative Project Close Out November 2011

Total Time Required to Complete This Project: 12 months

Quarterly Reports Due on Project Progress, Final Project Report and all documentation, site visits and

inspections.

January 15, 2011; April 15, 2011; July 15, 2011; October 15, 2011; January 15, 2012


ATTACHMENT #3

PROJECT BUDGET

APPLICANT:

Snohomish County PROJECT TITLE:

Snohomish County Home Elevation

APPROVED BUDGET CATEGORY ESTIMATED COST

Administrative & Legal Expenses $ 25,850.00

Architectural & Engineering Fees 17,842.00

Demolition and Removal 24,892.00

Construction 241 , 448.00

Miscellaneous 24,645.59

TOTAL $334,677.59

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 A-19, along with copies of receipts for all goods and services purchased, copies of invoices from contractors and subcontractors for work completed on the project, copies of timesheets or other documentation for staff or donated (in-kind) personnel time spent on the project, and a spreadsheet or other documentation of other in-kind contributions (equipment, supplies, etc.).

Final Payment: Final payment of any remaining, or withheld, funds will be made upon submission by the APPLICANT within 60 days of completion of the project of the final report and an A-19, Voucher Distribution, 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 audits conducted by the DEPARTMENT, Washington State Auditor's Office, the United States Inspector General, or their authorized representatives.

Per Flood Mitigation Assistance program guidance, no cost overruns will be funded. If costs exceed the maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess of the approved budget. Project must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun.

Mitigation Project Grant Agreement Page 12 of 23 Snohomish County El1-215

ATTACHMENT #4

CERTIFICATION AND ASSURANCES

FEMA Form 20-166, Assurances-Construction Programs

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office, of Management and Budget, Paperwork Reduction Project (03480042), Washington, DC 20503,

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have :questions, please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified,

As the duly authorized representative of the applicant, I certify that the applicant:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the nonfederal share of project costs) to ensure proper planning, management and completion of the project described in this application.

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in partwith Federal assistance funds to assure nondiscriminationduring the useful life of the project

4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications.

5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

8. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statues or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F),

9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures,

10. Will comply with all Federal statutes relating to nondiscrimination, These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC Sections 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,


as amended (29 USC Section 794), which prohibits discrimination on the basis Of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 USC Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92-255). as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended relating to nondiscrimination on the basis Of alcohol abuse or alcoholism (g) Sections 523 and 527 of the Public Health Service Act of 1912(42 USC Sections 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of I 968 (42 USC Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.

11 Will comply or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) which provide for fair and equitable treatment of parsons displaced or whose property is acquired as a result of Federal and Federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

12. Will comply with the provisions of the Hatch Act (5 USC Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds,

13, Willcomply, as applicable, with the provisions of the Davis-Bacon USC Sections 276a to 276a-7), the Copeland Act (40 USC Section 2760 and 18 USC Section 874), and the Contract Work Hours and Safety Standards Act (40 USC Sections 327-333) regarding labor standards for federally assisted construction subagreements

14. of the Rood Disaster Protection Act of 1973 (FL 93-234) whIch requires recipients In a special flood hazard area 'to participate In the program and to purchase flood insurance If the total cost of insurable construction end acquisition is $10,000 or more.

15. Wit complywith environmental standards which be the follow : (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to £0 11738; (c) protection of wetlands pursuant to EQ 11990; (d) evaluation of flood hazards in floodplains in accordance with EQ 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC Section 1451 et seq.); (t) conformity of Federal actiOns to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 et seq.); (g) protection of underground souroOs Of drinking water under the Safe Drinking Water Act of 1974, as amended (FL 93-523) and (h) protection of endangered species under the Endangered Species Act of 1973, as Omended (FL 93-205).

10. Will comply with the Wild and Scenic Rivers Act of 1968(16 USC Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

17 Will assist the awarding agency in assuring compliance with Section 106 of the Nation ( Historic Preservation Act of 1966, as amended (16 USC Section 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC Section 469a-1 et seq.).

18.WiUóause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984

19. Will comply witUa||oppliuoble requirementsu[a||cdhsrFedma||mwa ' ExncuUvsOrdars. regulations, and policies governing this program.

23. It will comply with theno|mmumwageanmmaximumhmurpmwsiunsormeFedera|Fa|rLau,r Standards Act (29 USC Section 201), as they apply to employees of institutions of higher

Mitigation Project Gran Agreement Page 14 of 23 Snohomish County E11-215

education, hospitals, and other nonprofit organizations.

21. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout, that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met.

22. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities.

23, It will require the facility to be designed to comply with the "American Standard Specification for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped" Number A117- 1961, as modified (41 CFR 101-17.703). The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor.

24. if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property, or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.

25. In making subgrants with nonprofit institutions under this Comprehensive Cooperative Agreement, it agrees that such grants will be subject to OMB Circular A-i 22, "Cost Principles for Nonprofit Organizations" included in Vol. 49, Federal Register, pages 18260 through 18277 (April 27, 1984),

I, David Wilson, hereby sign this form as of 12-10-2009.


Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS

Mitigation Grants A. I DEFINITIONS

As used throughout this Grant Agreement, the following terms shall have the meani set forth below:

a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department.

b. "Applicant" shall mean a state agency, local govgrnnnant, tribal govarnnnent, special purpose diathot, or an eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for disaster recovery assistance.

c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by the Applicant and authorized to make decisions on behalf of the Applicant.

d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the same.

e. "Monitoring Activities" shall mean all administrative, construction, finenoia|, or other review activities that are conducted to ensure compliance with all state and federal rukas, authorities or policies.

d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one and the same.

e. "Project" shall mean those actions funded through the Public Assistance Program and described in approved Project Worksheets. P jects may include one or more of the following: reimbursement of costs for emergency remponae, debris removal and/or repair or restoration of damaged public facilities. A project may be o small, large, irnproved, or alternate project.

f. "PIL" — is defined and used herein to mean the Public Law.

g. "CFR" —iodefinadanduoedheneintonneantheCodaofFadera Regulations. ft "0MB" — is defined and used herein to mean the Office of Management and Budget. I. "WAC" — is defined and used herein to mean the Washington Administrative Code.

j "RCW"— is defined and used herein to mean the Revised Code of Washington.

A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all bnoks, records, docunOente, pacaipto, invoices and all other

electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contraots, contract administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement.

b. The APPLICANT's records related to this Grant Agreement and the pr jects funded hereunder may be inspected by the DEPARTMENT or the [}inaotor, or their denigneea, by designees of the Office of the State Auditor, the Federal Emergency Management Agency or their deeigneee, or the Comptroller General of the United States or their designees or by other federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement.

c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day.

d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement.


A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement.

A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request in writing, an amendment or modification of this Grant Agreement. Hovvavar, such amendment or modification shall not take effect until epproved, in writing, by the DEPARTMENT and the APPLICANT.

A.5 TERMINATION AND OTHER REMEDIES a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its

obligations under this Grant Agreement or if the APPLICANT shall violate any of its onvenanto, ogreemonts, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the right to terminate this Grant Agreement and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT describing such default or violation.

b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant Agreement by providing written notice of such tenninat/on, specifying the effective date thereof, at least thirty (30) days prior to such date.

c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines.

d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those fundo, and if such funds are the basis for this Grant Agreement.

A.6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH

The DEPARTMENT relies upon the APPLICANT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any isrepnaeentatnn. error or inaccuracy in any part of the application may be deemed a breach of this Grant Agreement.

A.7 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance vvith, any and all applicable federal, state, and local 1evvs, nagu|at)oOs, executive orders, OMB Cinou|ara, and/or policies. This obligation indudes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PLS3'28O, as annended). Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203'5). Public Records Act (RCW 42.5O). Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58\. State Building Code (RCW 19.27). Energy Related Building Standards (RCW 19.27A). Provisions in Buildings for Aged and Handicapped Persons (ROW 70.92>, and safety and health regulations.

A.8 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement.

To the extent allowed by |evv, the APPLICANT, its successors or assigns, will probaot, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, autiona, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its aubcontraoLons, assigns, agents, contractors, consultants, |icenonea, inv}teeo, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement.

Mitigation Project GrantAgreement Page 17 of 23 Snohomish Co Eli -215

To the exte allowed by law, the APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement.

This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the [}EPARTK8ENT, and (2) the APPLiCANT, its agente, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees.

Insofar as the funding source, the Federal Emergency Management Agency (FEK8A), is an agency of the federal government, the following shall apply:

44 CFR 206.9 . 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.9 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in anyvekaose or other publication developed or modified for, or referring to, the project.

A.10 APPLICANT NOT EMPLOYEE The APPL|CANT, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the APPLICANT make any dairn, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benofito, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.

It is understood that if the APPLICANT is another state department, state agency, state u , state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement.

A.1 1 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, negu|ationo, and policies. No person shoU, on the grounds of age, nama, cneed, co|or, emx, sexual oriontetion, re|ig|on, national origin, marital atotus, honorably discharged veteran or military stotua, or disability /phyeice|, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any pr jeot,prognsrn.oractivity.funded ^ invvho|eorinpert'underthisGnantAgnaanmant.

A.12 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/o[ women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standondo, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041.

A.13 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the pr ject during his or her tenure, shall have any personal or pecuniary gain or intereat, direct or indirect, in any contreot, auboontroot, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to inonrporote, in all such contracts or nuboontrocta, a provision prohibiting such interest pursuant to this provision.


A]4 VENUE This Grant Agreement shall be construed and enforced in accordance vvdh, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington.

A.15 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Aonaement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the p ject and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project.

A.16 SEVERABILITY If any court ofrighifu| jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances inva|id, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable.

A.17 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees.

A.18 DUPLICATION OF BENEFITS The APPLICANT agrees that the mitigation grant funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same purpose from any other source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a project under this Grant Agreement. The APPLICANT will repay any mitigation grant funds that are duplicated by other benefits, funds, or insurance proceeds.

A.19 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.

A.20 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance.

A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, hovvewar, that reasonable fees or bona fide technical consultant, nnanagerio|, or other such oen/ioee, other than actual oo|ioitotion, are not hereby prohibited if otherwise eligible as project costs.

A.22 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreennent, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement.

Mitigation Project Grant Agreemen Page 19 of 23 Snohomish County

The responsibility for the deeigD, development, oonstn|obon, implementation, operation and maintenance of the project, as these phases are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the p 'eot.

The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the [}EPARTk8ENT, or to any state or federal agenoy, or to any of their employees or agente, for any perfonnance, osaistonca, or any payment or indemnnitv, including but not limited to cost of defense and/or attorneys' feos, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of the project.

A.23 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. The APPLICANT will be responsible for any associated clean-up costs. "Hazardous Substance" is defined inRCVV7U.1O5D.O2O(1O).

A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT

The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Gran Agreement.

To the extent allowed by law, the APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all ||abi|hx, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply.

A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this Grant Agreement, the APPLICANT certifie that the APPLICANT is not presently debarred, suspended, p for debarment, declared ineli ible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs."

A.26 PRIVACY Personal information collected, used or acquired in connection with this agreement shall be used solely for the purposes of this agreement. APPLICANT and its subcontractors agree not to release, divulge, publish, tnanefer. sell or otherwise make known to unauthorized persons personal information without the express written consent of the DEPARTMENT or as provided by law. APPLICANT agrees to implement phyaioo|, electronic and managerial safeguards to prevent unauthorized access to personal information. The DEPARTMENT reserves the righttu monitor, audit, or investigate the use of personal information coUected, used or acquired by the APPLICANT through this contract. The monitoring, auditing or investigating may include but is not limited to "salting" by the DEPARTMENT. APPLICANT shall certify return or destruction of all personal information upon expiration of this contract. Salting is the act of placing a record containing unique but false information in a database that can be used later to identify inappropriate disclosure of data contained in the database.


Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The APPLICANT agrees to indemnify and hold harmless the DEPARTMENT for any damages related to the APPLICANT's unauthorized use of personal information. For purposes of this provision, personal information inciudaa, but is not limited to, information identifiable to an individual that relates to a natural person's hea|th, finonces, education, buoinass, use or receipt of governmental nan/icea, or other eotivitieo, na0eo, addresses, telephone numbers, social security numbers, driver license numbers, financial profi|ee, credit card nunobens, financial identifiers and other identifying numbers.

A.27 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS expending financial assistance of $500,000 or more in federal funds from all aoUroea, direct and indirect, are required to have a single ore program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular 4-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003 ' effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-1 33. Circular A-133 is available at: http://www.whitehouse.qov/omb/circulars default. APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the 0MB Compliance Supplement.

The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit. Private APPLICANTS must contact a CPA firm to perform the audit. Costs of the audit may be an allowable grant expenditure if the grant has not been closed.

The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records.

The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subnaoipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to:

Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032

In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any audit findings and a copy of the management letter, if one was received.

The APPLICANT shall include the above audit requirements in any subcontracts.

A.28 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm compliance with applicable Federal requirements and the requirements, and special conditions of an approved pr jeot. The APPLICANT agrees to: a. Comply with all funding conditions of an approved p ject, grant award, and Grant Agreement. b. Provide financial documentation to support requests for payments.

Mitigation Project Grant Agreement Page 21 of 23 Snohomish County

c. Maintain records and documentation that adequately identify and directly support a s eligible costs consistent with the FEMA approved Project Application. Pro-rate or percentage costs are not eligible for reimbursement

d. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities conducted by the DEPARTMENT. FEK8A, or their nepreoentativea, that are pertinent to this Grant Agreement or approved P ject Worksheets.

e. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of a monitoring viait, review or further evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, specific costs associated with the projectnnoy be determined to be ineligible.

f. Submit a request for time extension not later than two weeks before the end of the pr ject's period of performance.

g. Immediately notify the DEPARTMENT if a change order is required or the scope of work changes in an approved p 'ect.

h. Submit quarterly reports to the DEPARTMENT. i. Submit p ject completion certifications as required for projects.

The DEPARTMENT agrees to: a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will

coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities.

b. Conduct site visits during the p 'eotconstnucbnn/innp|annentatun ' enneceaoory.

c. Regularly review the APPLICANT's financial documentation to confirm compliance with state and federal rules, oUthorit}ea, and policies.

d. Issue reimbursement per the process described in Article 1.3 Project Payments, of the Special Terms and Conditions. Reimbursement is contingent upon the DEPARTMENT'S determination that all costs are eligible based upon an evaluation and review of the APPLICANT's financial documentation.

e. Work with the APPLICANT to resolve any issues identified during the monitoring process.

f. Review and respond appropriately to the APPLICANT's requests for time extensions and changes to the scope of work for an approved p ject.

A.29 SUBCONTRACTING The APPLICANT shall use a competitive procurement process in the award of any contracts with contractors or subcontractors that are entered into under the original contract award. The procurement process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A,1 1O. Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT. As required by Section 694 of the "Post-Katrina Emergency Management Reform Act" (P.L. 108-285), which amended section 307 of the Stafford Act, 42 U.G.C. 5150. contracts or agreements with private organizations, firms or individuals for debris o|eoronce, distribution of eupp\ies, reconstruction, and other m 'ord}eeoterasSistanmaoobvitiee.ehaUbeavvandedtnthosenrgonizaUons'firmsendindividua|o residing or doing business primarily in the geographical area affected by the disaster, to the extent feasible and practicable. Such contracts or agreements with private organizations, finms, or individua}e, not residing or doing business primarily in the geographical area affected by the declared disaster shall be justified in writing in the APPLICANT's contract fi|e, with documentation provided to the DEPARTMENT. Contracts in place prior to a declaration should be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT organization determines that it is not feasible or practicable. This determination must be documented in the APPLICANT's contract file, with documentation provided to the DEPARTMENT. The transition requirement should not be construed to require an APPLICANT to breach an existing contract.


All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference.

A.30 PUBLICITY The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The APPLICANT may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR Part 13.34, FEMA reserves a royo!tv-frae, nonexc|uoive, and irrevocable license to neppoduma, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by grant number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views.

A.31 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The APPLICANT must comply with the ADA, which provides comprehensive civil rights protectionto individuals with disabilities in the areas of enmp|Vyrnent, public accommodations, state and local government services, and telecommunication.

A.32 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the APPLICANT.

A.33 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 [}EPARTMENT'e or the APPLICANT's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. Hovvever, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act.

A.34 LIMITATION OF AUTHORITY - AUTHORIZED SIGNATURE Only the DEPARTMENT's Authorized Signature and the APPLICANT's Authorized Authority shall have the express, implied, or apparent authority to aber, arnend, modifv, or waive any clause or condition of this Grant Agreement. Any alteration, annandnnent, nnodificotion, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the DEPARTMENT's Authorized Signature and the APPLICANT's Authorized Authority. Only the APPLICANT's Authorized Authority and other designated officials whose signatures appear on the attached Signature Authorization Form shall have signature authority to sign payment requests, certification of project completion, time extension requesto, and other requests and documents as necessary.

Mitigation Projec Grant Agreement Page 23 of 23 Snohomish County E11'215

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