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HomeMy WebLinkAboutFD12-250 - Original - Washington State Military Department - Homeland Security Grant - 06/01/2012 Records M!".,tow.-t-ii eme- �-__KENTDocument WASNINGTON Y CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Washington State Military Department Vendor Number: ]D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Homeland Security Grant Agreement Description: ❑ Interiocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Grant Agreement (COPY not fully signed) Contract Effective Date: 6/1/2012 Termination Date: 8/31/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: D Marzano Department: RFA Detail: (i.e. address, location, parcel number, tax id, etc.): E rams CM091812 S•Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Washington State Military Department HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1 Sub-grantee Name and Address 2 Grant Agreement Amount 3 Grant Agreement Number City of Kent-Office of Emergency Management(OEM) $105,500 E12-322 24611 116`h Ave SE Kent, WA 98030-4939 4 Sub-grantee Contact, phone number 5 Grant Agreement Start Date 6 Grant Agreement End Date Jennifer Keizer, 253-856-4342 June 1, 2012 August 31, 2013 7 Department Program Manager, phone number 8 Data Universal Numbering System (DUNS) 9 UBI#(state revenue) Sierra Wardell, (253) 512-7121 20253613 1 173-000-002 10 Funding Authority Washington State Military De artment(the"DEPARTMENT") and the U.S. Department of Homeland Security (DHS 11 Federal Funding Source 12 Department __] 13 Catalog of Federal Domestic Assistance 14 TIN Agreement# Funding Code(PI) (CFDA)#&Title 91-6001254 EMW-2012-App-00071 723PT 97.042 EMPG 15 Service Districts 16 Service Area by County(ies) 17 Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT) 33,47 King Certified? X N/A ❑ NO (BY CONGRESSIONAL DISTRICT) 8,9 ❑ YES, OMWBE# 18 Agreement Classification 19 Contract Type(check all that apply) ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39 34) ❑ Interagency 20 Sub-Grantee Selection Process 21 Sub-Grantee Type (check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E ROW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22 PURPOSE Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below This Grant Agreement Face Sheet, Special Terms & Conditions (Exhibit A), General Terms and Conditions (Exhibit B), Work Plan (Exhibit C), Milestone Timeline (Exhibit D), Budget (Exhibit E), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order 1 Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5 Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last sp cified below FOR THE DEPARTMENT Ji APPLICANT , 9� Signature Datea r Date Dan Swisher, Chief Financial Officer tte ooke, Mayor Emergency Management Division Washington State Military Department BOILERPLATE APPROVED AS TO FORM Signature Date Jim Schneider, Fire Chief Brian E Buchholz, Signature on file Date 6/13/2012 APPROVED S TO VFOPM (if applicable) Assistant Attorney General A licant's Legal Review Date Form 6/13/2012 wjg DHS-FEMA-EMPG-FFY 12 Page 1 of 29 City of Kent—OEM E12-322 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I -- KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement Any substitution of key personnel by either party shall be made by written notification to the current key personnel SUB-GRANTEE MILITARY DEPARTMENT Name Jennifer Keizer Name Sierra Wardell Title EM Specialist Title EMPG Program Manager E-Mad jdkeizer@kentwa.gov E-Mail sierra.wardell@mil.wa.gov Phone 253-856-4342 Phone 253-512-7121 Name Jim Schneider Name Gary Stum h Title Fire Chief Title EMPG Program Coordinator E-Mail jschneider@kentwa.gov E-Mail gary.stumph@mil.wa.gov Phone Phone 253- 512-7483 Name Name Olivia Hollowwa Title Title EMPG Program Coordinator E-Mail E-Mail olivia.hollowwa@mil.wa.gov Phone Phone 253-512-7149 ARTICLE II -- ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Sub-grantee shall comply with all applicable state and federal laws, regulations and program guidance A non-exclusive list of laws, regulations and guidance commonly applicable to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the following 1 Administrative Requirements 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Office of Management and Budget (OMB) Circular A-102, Grants and Cooperative Agreements with State and Local Governments, 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110) 2 Cost Principles 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (formerly OMB Circular A-87), 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A-21), 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122), OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, and 48 CFR Part 31, §31 2, Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures, Contracts with Commercial Organizations 3. Grant funds will not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources The Sub-grantee, upon written request by the Department, DHS or FEMA, shall demonstrate through supporting records and documentation that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds 4. Duplication of Benefits: There may not be a duplication of any Federal assistance by governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C 3 (c), which states "Any cost allocable to a particular Federal award or cost objective under the principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons " However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with DHS-FEMA-EMPG-FFY 12 Page 2 of 29 City of Kent—OEM E 12-322 existing program agreements Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 48 CFR Part 31 2 5 The Sub-grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "FY 2012 Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA)", which can be found at http //www fema gov/government/grant/empg/ and are hereby incorporated in and made a part of this Agreement 6 The Sub-grantee shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109- 282 as amended by section 6202(a) of Public Law 110-252 (see 31 U S C 6101 note) and complete and return to the Department Attachment #1, Attachment #1 attached to and made a part of this Agreement ARTICLE III — REIMBURSEMENTIINVOICING PROCEDURES 1 This is a fixed price, reimbursement Grant Agreement Within the total Grant Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or amended, but shall not exceed federal maximum rates set forth at http //www gsa gov without prior written approval by Department key personnel 2 Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this Grant Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors 3 The Sub-grantee will submit reimbursement requests to the Department by submitting a signed A-19 Invoice form and a completed reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought Reimbursement requests shall be submitted to the Department's key personnel and must be submitted no more frequently than monthly, and it is required that invoices be submitted at least bi-annually 4 All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date The maximum amount of all reimbursement requests permitted to be submitted under this Grant Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount 5 No equipment or supply costs will be reimbursed until the related equipment/supplies have been received by the Sub-grantee and invoiced by the vendor 6 Requests for reimbursement of equipment purchases must include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub-grantee's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements" 7. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including but not limited to those reports in the Milestone Timeline and the Work Plan) will prohibit the Sub-grantee from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review 8 Final reimbursement requests will not be approved for payment if the Sub-grantee is not current with all reporting requirements contained in this Agreement DHS-FEMA-EMPG-FFY 12 Page 3 of 29 City of Kent—OEM E 12-322 ARTICLE IV— REPORTING REQUIREMENTS 1 The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought 2 In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department's key personnel a final report describing all completed activities under this Grant Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan If a Sub-grantee will not be applying for grant funding during the next annual grant cycle application process, a final report will be submitted to the Department detailing progress on all activities listed in the Work Plan ARTICLE V— EQUIPMENT MANAGEMENT All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will be recorded and maintained in the Sub-grantee's equipment inventory system 1 Upon successful completion of the terms of this Grant Agreement, all equipment purchased through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub- recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership is in place 2 The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment including all questions of liability The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment is well maintained and kept in good operating condition 3 The Sub-grantee shall maintain equipment records that include a description of the property, the manufacturer's serial number, model number, or other identification number, the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number, who holds the title, the acquisition date, the cost of the equipment and the percentage of Federal participation in the cost, the location, use and condition of the equipment at the date the information was reported, and disposition data including the date of disposal and sale price of the property 4 Records for equipment shall be retained by the Sub-grantee for a period of six years from the date of the disposition, replacement or transfer If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings involving the records have been resolved 5 The Sub-grantee shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Sub-grantee to determine the cause of the difference The Sub-grantee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment 6 The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property Any loss, damage or theft shall be investigated and a report generated and sent to the Department 7 If the Sub-grantee is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return 8 When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows a Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency DHS-FEMA-EMPG-FFY 12 Page 4 of 29 City of Kent—OEM E12-322 b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for its share 9 As recipient of federal funds the Sub-grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this Grant Agreement 10 Allowable equipment categories for the FY 2012 EMPG Program are listed on the web- based version of the Authorized Equipment List (AEL) located at the Responder Knowledge Base at http//www rkb us/ Reimbursement will only be provided for equipment that (1) is on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through the Department, Sub-grantees must contact the Department representative for assistance in seeking FEMA approval for equipment not on the AEL Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG funds In addition, Sub-grantees must obtain and maintain all necessary certifications and licenses for the equipment Sub- grantees are solely responsible for ensuring equipment eligibility ARTICLE VI — ENVIRONMENTAL AND HISTORICAL PRESERVATION 1 The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program Information about these requirements is located at http //www fema gov/plan/ehp/ehp-applicant-help shtm 2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met The Sub-grantee is advised that any project or expenditure with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of funds ARTICLE VII — PROCUREMENT The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13 36, Procurement All sole source contracts expected to exceed $100,000 must be submitted to the Department for review and approval prior to the Sub-grantee's award and execution of a contract This requirement must be passed on to all of the Sub-grantee's sub-contractors, at which point the Sub-grantee will be responsible for reviewing and approving their sub- contractors' sole source justifications ARTICLE VIII — SUB-GRANTEE MONITORING 1 The Department will monitor the activities of the Sub-grantee from award to closeout The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations 2 Monitoring activities may include, but are not limited to: a review of performance reports, b monitor and document the completion of Grant Agreement deliverables, c documentation of phone calls, meetings, a-mails and correspondence, d. review of reimbursement requests and supporting documentation to ensure allowabdity and consistency with Grant Agreement budget and federal requirements, e. observation and documentation of Grant Agreement related activities, such as exercises, training, funded events and equipment demonstrations, DHS-FEMA-EMPG-FFY 12 Page 5 of 29 City of Kent—OEM E12-322 f on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables 3 As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub- recipients who receive pass-through funding from this Agreement ARTICLE IX — GRANT AGREEMENT MODIFICATION REQUESTS A Sub-grantee may request a modification to the Grant Agreement in writing to the Department key personnel Modifications may be requested for Grant Agreement end date, budget or scope change ARTICLE X — NIMS COMPLIANCY 1 The Sub-grantee agrees that in order to receive Federal Fiscal Year 2012 (FFY12) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2012 must be met 2 In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities The NIMS provides a consistent nationwide template to enable all levels of government, Tribal nations, nongovernmental organizations including voluntary organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity 3 All local government and Tribal nation sub-grantees should update their respective NIMS Compliance Assistance Support Tool (NIMSCAST) assessments and, if necessary, submit a Corrective Action Plan via NIMSCAST for FFY11 Corrective Action Plans are only required if a jurisdiction fads to meet one of the NIMS implementation activities Comprehensive information concerning NIMS implementation for States, Tribal nations, local governments, nongovernmental organizations, and the private sector is available through the National Integration Center (NIC) at FEMA's NIMS Resource Center at http//www fema gov/emergency/nims 4 Local governments and tribal nations should continue to implement NIMS training guidance (course curricula and instructor qualifications) contained in the Five-Year NIMS Training Plan, released in February 2008 and any successor guidance released by FEMA (Note Coursework and training developed and/or delivered by National Wildfire Coordinating Group (NWCG) meet the course and instructor requirements of the Five-Year NIMS Training Plan] NIMS training guidance is available on FEMA's NIMS Resource Center at http//www fema gov/emergency/nims/NIMSTraining Courses shtm ARTICLE XI — EMPG SPECIFIC REQUIREMENTS 1 The Washington State Military Department Emergency Management Division (EMD) receives grant funding each year from the U S Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG) Program The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U S C 5121-5207) 2 A portion of the FFY12 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets Each jurisdiction or tribe that applied and met the qualifications specified in WAC 118-09 regarding emergency management assistance funds was awarded a sub-grant based on the size of their agency's emergency DHS-FEMA-EMPG-FFY 12 Page 6 of 29 City of Kent—OEM E12-322 management operating budget Funds are used by local jurisdictions and tribes to enhance their emergency management capability 3 Funds are provided by DHS/FEMA solely for the use of supporting emergency management programs as provided by the EMPG Program The Sub-grantee shall use the funds to perform tasks as described in the Work Plan of the Sub-grantee's application for funding, as approved by the Department Funding may-not be used to replace or supplant existing local or tribal government funding of emergency management programs 4 The Sub-grantee shall provide a match of $105,500 of non-federal origin Match (cost share) may be cash or in-kind To meet matching requirements, the Sub-grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations, including but not limited to 2 CFR Part 225. 2 CFR Part 215 23, and 44 CFR Part 13 24 An appropriate mechanism must be in place to capture, track and document match 5 The Sub-grantee acknowledges that since this Grant Agreement involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Grant Agreement prior to distribution of appropriated federal funds The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount 6 Exercises that are implemented with grant funds must meet the requirements of the FFY12 EMPG Program Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department DHS-FEMA-EMPG-FFY 12 Page 7 of 29 City of Kent—OEM E12-322 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)1 Federal Emergency Management Agency (FEMA) Grants A 1 DEFINITIONS As used throughout this Grant Agreement, the following terms will have the meaning set forth below a "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department b "Sub-grantee" means the government or other eligible legal entity to which a sub- grant is awarded and which is accountable to the Grantee for the use of the funds provided under this Grant Agreement, and includes all employees of the Sub-grantee and any sub-contractor retained by the Sub-grantee as permitted under the terms of this Grant Agreement The term "Sub-grantee" and "Contractor" may be used interchangeably in this Agreement c "Sub-grantee Agent" means the official representative and alternate designated or appointed by the Sub-grantee in writing and authorized to make decisions on behalf of the Sub-grantee d "Grantee" means the government to which a grant is awarded and which is accountable for the use of the funds provided The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document For the purpose of this Grant Agreement, the state of Washington is the Grantee The Grantee and the DEPARTMENT are one and the same e "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies f "Investment Justification" means grant application investment justification submitted by the sub-grantee describing the project for which federal funding is sought and provided under this Grant Agreement Such grant application investment justification is hereby incorporated into this Grant Agreement by reference g "PL" — is defined and used herein to mean the Public Law h "CFR" — is defined and used herein to mean the Code of Federal Regulations i "OMB" — is defined and used herein to mean the Office of Management and Budget j "WAC" — is defined and used herein to mean the Washington Administrative Code k. "RCW"— is defined and used herein to mean the Revised Code of Washington A 2 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending after December 31, 2003, and further amended June 26, 2007) Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No A-133 As defined in Circular A-133, the term "non-federal entity" means a State, local government, or non-profit organization, and the term "State" includes Indian tribes Circular A-133 is available on the OMB Home Page at http 11www omb gov SUB-GRANTEES required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by DHS-FEMA-EMPG-FFY 12 Page 8 of 29 City of Kent—OEM E12-322 the Comptroller General and the OMB Compliance Supplement The SUB-GRANTEE- grantee has the responsibility of notifying its auditor and requesting an audit in compliance with Circular A-133, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GALAS, as appropriate Costs of the audit may be an allowable grant expenditure as authorized by Circular A- 133 The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub-contractors also maintain auditable records The SUB-GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its sub-contractors Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report The SUB-GRANTEE must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request The DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed costs resulting from the audit Once the single audit has been completed, the SUB-GRANTEE must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings The SUB-GRANTEE must send the audit and the letter no later than nine (9) months after the end of the SUB- GRANTEE's fiscal year(s) to 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 SUB-GRANTEE must include a corrective action plan for any audit findings and a copy of the management letter if one was received If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133, SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE fiscal year(s) to Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established The SUB-GRANTEE shall include the above audit requirements in any sub-contracts. Conducting a single or program-specific audit in compliance with Circular A-133 is a material requirement of this Grant Agreement In the absence of a valid claim of exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion a percentage of federal awards being withheld until the audit is completed in accordance with Circular A-133, the withholding or disallowing of overhead costs, the suspension of federal awards until the audit is conducted and submitted, or termination of the federal award DHS-FEMA-EMPG-FFY 12 Page 9 of 29 City of Kent—OEM E12-322 A 3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement SUB-GRANTEE shall not invoice the Department in advance of delivery and invoicing of such goods or services A 4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB-GRANTEE No other understandings or agreements, written or oral, shall be binding on the parties A 5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336, 42 U S C 12101 ET SEQ AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35 The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication A ASSURANCES DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations A 7 CERTIFICATION REGARDING DEBARMENT SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the SUB-GRANTEE for this Grant Agreement shall be incorporated into this Grant Agreement by reference Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180 The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub- recipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e g grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-recipients for any amount With respect to covered transactions, the SUB-GRANTEE may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the Excluded Parties List System (EPLS) maintained by the federal General Services Administration (GSA) The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List " A 8 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT, no member, officer, or employee of the SUB-GRANTEE or its designees or agents, no member of the governing body of the jurisdiction in which the project is undertaken or located, and no other official of such the SUB-GRANTEE who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gam or interest, DHS-FEMA-EMPG-FFY 12 Page 10 of 29 City of Kent—OEM E 12-322 direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision A 9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies This obligation includes, but is not limited to nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42 52), Covenant Against Contingent Fees (48 CFR Section 52 203-5), Public Records Act (RCW 42 56), Prevailing Wages on Public Works (RCW 39 12), State Environmental Policy Act (RCW 43 21C), Shoreline Management Act of 1971 (RCW 90 58), State Building Code (RCW 19 27), Energy Related Building Standards (RCW 19 27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70 92), and safety and health regulations In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in part in its sole discretion The SUB-GRANTEE is responsible for all costs or liability arising from its failure to comply with applicable law, regulation, executive order, OMB Circular or policy A 10 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT However, the parties acknowledge that the DEPARTMENT and state and local agencies as defined in RCW 42 56 010, are subject to RCW 42 56, the state Public Records Act A 11 DISPUTES The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes arising out of or relating to this Grant Agreement through discussion and negotiation Should discussion and negotiation fad to resolve a dispute arising under this Agreement, the parties shall select a dispute resolution team to resolve the dispute The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties The team shall attempt, by majority vote, to resolve the dispute Both parties agree that this dispute resolution process shall precede any action in a judicial or quasi-judicial tribunal Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above A 12 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party No joint venture or partnership is formed as a result of this Grant Agreement To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or DHS-FEMA-EMPG-FFY 12 Page 11 of 29 City of Kent—OEM E12-322 omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement To the extent allowed by law, the SUB-GRANTEE further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation, including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT, provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the SUB- GRANTEE, or SUB-GRANTEE's agents or employees Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply 44 CFR 206 9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act A 13 LIMITATION OF AUTHORITY—Authorized Signature The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement Only the DEPARTMENT's Authorized Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement Any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives Further, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement A 14 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the SUB-GRANTEE an opportunity to cure Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so A 15 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB-GRANTEE A 16 NONDISCRIMINATION The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination laws regulations, and policies No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, DHS-FEMA-EMPG-FFY 12 Page 12 of 29 City of Kent—OEM E12-322 honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement A 17 NOTICES The SUB-GRANTEE shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance A 18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/VVISHA) The SUB-GRANTEE represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the SUB-GRANTEE's performance under this Grant Agreement To the extent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so comply A 19 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the SUB- GRANTEE The SUB-GRANTEE shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project A 20 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 21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs A 22 PUBLICITY The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT The SUB-GRANTEE may copyright original work it develops in the course of or under this Grant Agreement, however, pursuant to 44 CFR 13 34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views DHS-FEMA-EMPG-FFY 12 Page 13 of 29 City of Kent—OEM E12-322 A 23 RECAPTURE PROVISION In the event the SUB-GRANTEE fads to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance Such right of recapture shall exist for the life of the project following Grant Agreement termination Repayment by the SUB- GRANTEE of funds under this recapture provision shall occur within 30 days of demand In the event the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees A 24 RECORDS a The SUB-GRANTEE agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the SUB-GRANTEE's contracts, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement (the "records") b The SUB-GRANTEE's records related to this Grant Agreement and the projects funded may be inspected and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the SUB- GRANTEE with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the Grant Agreement c The records shall be made available by the SUB-GRANTEE for such inspection and audit, together with suitable space for such purpose, at any and all times during the SUB-GRANTEE's normal working day d The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement A 25 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the project/statement of work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the SUB- GRANTEE The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or to any third party, other than as is expressly set out in this Grant Agreement The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any third party related in any way to the project Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including but not limited to FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the SUB-GRANTEE in connection with the project The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project DHS-FEMA-EMPG-FFY 12 Page 14 of 29 City of Kent—OEM E12-322 A 26 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the SUB-GRANTEE hereby certifies that to the best of their knowledge and belief (1) no federally appropriated funds have been paid or will be paid by or on behalf of the SUB-GRANTEE to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement, (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative agreement, the SUB-GRANTEE will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, (3) and that, as applicable, the SUB-GRANTEE will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S Code A 27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision To this end, the terms and conditions of this Grant Agreement are declared severable A 28 SUB-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the award of any contracts with contractors or sub-contractors that are entered into under the original contract award The procurement process followed shall be in accordance with 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations as applicable to the SUB-GRANTEE All sub-contracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference A 29 SUB-GRANTEE NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Grant Agreement The SUB-GRANTEE, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever The SUB-GRANTEE will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW DHS-FEMA-EMPG-FFY 12 Page 15 of 29 City of Kent—OEM E12-322 It is understood that if the SUB-GRANTEE is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement A 30 TAXES, FEES AND LICENSES Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the SUB-GRANTEE or its staff required by statute or regulation that are applicable to Grant Agreement performance A 31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may terminate this Grant Agreement by providing written notice of such termination to the DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole discretion and in the best interests of the State of Washington, may terminate this Grant Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the SUB-GRANTEE Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law A 32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or in part The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT's discretion Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT If the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE in writing of the need to take corrective action If the corrective action is not taken within ten (10) calendar days Qr as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or in part The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative DHS-FEMA-EMPG-FFY 12 Page 16 of 29 City of Kent—OEM E12-322 costs directly related to the replacement Grant Agreement, e g , cost of administering the competitive solicitation process, mailing, advertising and other associated staff time The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law If it is determined that the SUB-GRANTEE (1) was not in default or material breach, or (2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence, the termination shall be deemed to be a `Termination for Convenience" A 33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination notice Upon termination of this Grant Agreement and in addition to any other rights provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE to deliver to the DEPARTMENT any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated If the termination is for convenience, the DEPARTMENT shall pay to the SUB- GRANTEE the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the DEPARTMENT prior to the effective date of Grant Agreement termination, and the amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (u) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (iu) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT The DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or liability. The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing, the SUB-GRANTEE shall a Stop work under the Grant Agreement on the date, and to the extent specified, in the notice, b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or facilities in relation to this Grant Agreement except as may be necessary for completion of such portion of the work under the Grant Agreement as is not terminated, C. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of the SUB- GRANTEE under the orders and sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-contracts, d Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require, which approval or ratification shall be final for all the purposes of this clause, e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent directed by the DEPATMENT any property which, DHS-FEMA-EMPG-FFY 12 Page 17 of 29 City of Kent—OEM E12-322 if the Grant Agreement had been completed, would have been required to be furnished to the DEPARTMENT, f Complete performance of such part of the work as shall not have been terminated by the DEPARTMENT in compliance with all contractual requirements, and g Take such action as may be necessary, or as the DEPARTMENT may require, for the protection and preservation of the property related to this Grant Agreement which is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or may acquire an interest A 34 TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the Grant Agreement specifically provides for different rates, any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43 03 050 and RCW 43 03 060 as now existing or amended The SUB-GRANTEE may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example parking) that are authorized under this Agreement A 35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUB-GRANTEE is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041 A 36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement A 37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by the laws of the state of Washington Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington APPROVED 6/13/2012 DHS-FEMA-EMPG-FFY 12 Page 18 of 29 City of Kent—OEM E12-322 Exhibit C 2012 Emergency Management Program Workplan v Agency: City of Kent- OEM Q Required Activities for EMPG eligibility The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs Activities conducted using EMPG funding should relate directly to the five elements of emergency management prevention, protection, response, recovery, and mitigation Washington State does not require a specific number of activities to receive EMPG funding, however, there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant Core Capability or Communications and Warning EMF 1 General Plan for 12EMPG: Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point This in the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex All emergency management jurisdictions must be apart of this fan-out Core Capability or Communications and Warning EMF 2 General Plan for 12EMPG: Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center(EOC) or similar facility and the state EOC Core Capability or Communications and Warning 3 EMF General Plan for 12EMPG: Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan Core Capability or Communications and Warning 4 EMF General Plan for 12EMPG: Notify the state EOC immediately upon activation of Kent ECC Provide Situation Reports (SITREPS) as needed Core Capability or Communications and Warning EMF 5 General Plan for 12EMPG: Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff 6 Core Communications and Warning DHS-FEMA-EMPG-FFY 12 Page 19 of 29 City of Kent—OEM E12-322 Capability or EMF General Plan for 12EMPG: Participate in all scheduled EAS test commensurate with your EAS plan and operational status of you LRN Core Capability or Laws and Authorities 7 EMF General Plan for 12EMPG: To be fully compliant with Federal National Incident Management System (NIMS) compliance requirements Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding Core Capability or Exercises 8 EMF General Plan for 12EMPG: Participate in the design, conduct and evaluate at least one exercise during the performance period Core Capability or Planning EMF 9 General Plan for 12EMPG: Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs) The CEMP to be compliant with both the National Response Framework and the National Incident Management System (NIMS) Requirements for plan development and submission are provided in RCW38 52 070, WAC 118-09 and WAC 118-30 Core Capability or Finance and Administration 10 EMF General Plan for 12EMPG: Submit for reimbursement in compliance with 12EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230 Core Capability or Public Education and Information 11 EMF General Plan for 12EMPG: Conduct public disaster/emergency preparedness education programs for the citizens and businesses in the community and schools. Core Capability or Communications and Warning 12 EMF General Plan for 12EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System 800MHz radios between the ECC and all designated Department Operating Centers (DOCs) Core Capability or Communications and Warning 13 EMF General Plan for 12EMPG: Participate in King County Zone 3 monthly 800MHz radio test The test is for all public and private agencies in the geographic area of South King County known as Zone 3 to test 14 Core Communications and Warning DHS-FEMA-EMPG-FFY 12 Page 20 of 29 City of Kent—OEM E12-322 Capability or EMF General Plan for 12EMPG: Participate in the King County 800MHz radio test monthly Core Capability or Public Education and Information EMF 15 General Plan for 12EMPG: Conduct a minimum of 2 CERT academies To teach the full 8 week long FEMA Course using the approved curriculum Accommodate students from the general citizenry in Kent and Fire District 37, the business community in the greater Kent area, and employees from the City of Kent, Covington and Kent Fire Department and Kent/Covington Schools Core Capability or Communications and Warning EMF 16 General Plan for 12EMPG: Utilize the city webpage as a resource for outreach and information to the local, regional, and business communities To work with Kent RFA Administration to create and develop a webpage for Kent Fire -RFA/OEM Once the Kent Fire Dept / OEM Website is created we will also utilize the webpage for same resource Core Capability or Public Education and Information 17 EMF General Plan for 12EMPG: Set up and staff visual public display booths for large citywide events including Cornucopia Days and Covington Days Distribute preparedness information and flyers Core Capability or Public Education and Information 18 EMF General Plan for 12EMPG: Participate in National Night Out by promoting the Kent Citizen Corps program in the Community and distributing flyers on personal preparedness Core Capability or Public Education and Information 19 EMF General Plan for 12EMPG: To hold continuing education classes for past CERT graduates To improve and refresh the skills of CERT graduates, keeping their skills current improve their ability to respond to support their community &first responders at time of a disaster Core Capability or Planning 20 EMF General Plan for 12EMPG: Continue participation in the King County Emergency Management Advisory Committee, the King County Local Emergency Planning Committee (LEPC) Core 21 Capability or Planning EMF DHS-FEMA-EMPG-FFY 12 Page 21 of 29 City of Kent—OEM E12-322 General Plan for 12EMPG: Continue participation in the Region 6 Homeland Security Council and the King County Citizen Corps Council Continue implementing the Region 6 Homeland Security Strategic Plan and fundinq distribution plans Core Capability or Planning 22 EMF General Plan for 12EMPG: Continued participation in the King County Local Emergency Planning Committee (LEPC) Core Capability or Planning 23 EMF General Plan for 12EMPG: Continued participation in the King County Region Hazmat Providers Group Core Capability or Planning 24 EMF General Plan for 12EMPG: Continued participation in the KC Mass Care Workgroup brmonthly meetings Core Capability or Planning 25 EMF rg=eneral Plan for 12EMPG: Continued participation in the Regional Catastrophic Planning Group eetin s Core Capability or Planning EMF 26 General Plan for 12EMPG: Conduct City Emergency Planning Committee meetings to address all four phases of emergency management within the City of Kent and Kent Fire Dept Members are representatives of individual departments and the meeting activities incorporate training, ECC/DOC interface, and planning elements Core Capability or Planning 27 EMF General Plan for 12EMPG: Continue to coordinate COOP plan development for all city departments, review draft plans and assist with standardizations for essential functions Core Capability or Planning 28 EMF General Plan for 12EMPG: Meet with South King County geographic Zone 3 Emergency Management Directors to collaborate on common interest issues involving emergency management in Zone 3 and regional coordination with King County, Zone 1 and Zone 5 Core Capability or Planning 29 EMF General Plan for 12EMPG: Conduct Kent LEPC meetings annually to meet the requirements of EPCRA To review and update Kent LEPC Hazardous Materials Emergency Response Plan DHS-FEMA-EMPG-FFY 12 Page 22 of 29 City of Kent—OEM E12-322 Core Capability or Hazard Identification 3 EMF 0 General Plan for 12EMPG: Review the requirements for the FEMA Community Rating System including any impact analysis reports and CRS activities Coordinate activities with Public Works to determine activities necessary and achievable to reduce insurance premiums Core Capability or Planning 31 EMF General Plan for 12EMPG: Continue to identify enhancements of Kent OEM ECC functionality and capabilities Core Capability or Logistics and Resource Management 32 EMF General Plan for 12EMPG: Continue to conduct monthly ECC in service days to test systems on a rotating basis All systems such as electronics, displays, forms, and other material required for activation are checked and tested Core Capability or Training 33 EMF General Plan for 12EMPG: Research and send staff to available training activities, conferences, or professional development courses or meetings to enhance personnel professionalism in emergency management Core Capability or Training 34 EMF General Plan for 12EMPG: Kent Communication Support Team (KCST) to hold drills on each 5th Saturday in 2011 and other trainings as needed Core Capability or Communications and Warning 35 EMF General Plan for 12EMPG: Maintain and update the reverse 911 community alert systems (CodeRed) for Kent Core Capability or Training 36 EMF General Plan for 12EMPG: To deliver position specific training to staff in preparation for participation in IEMC Core Capability or Planning 37 EMF General Plan for 12EMPG: Continue to actively participate in the Public Assistance Program and recovery actions resulting from Howard Hanson Dam issues 38 Core Mitigation DHS-FEMA-EMPG-FFY 12 Page 23 of 29 City of Kent—OEM E12-322 Capability or EMF General Plan for 12EMPG: Continue to work on levee restoration as a result of the Green Giver Howard Hanson Dam planning and preparation activities Core Capability or Hazard Identification 39 EMF General Plan for 12EMPG: Receive Review and Document Tier II's from HAZMAT facilities. Core Capability or Training 40 EMF General Plan for 12EMPG: Develop and train a volunteer team to support multiple functions within the ECC and/or Disaster Preparedness/Recovery as per WAC 118 04 Core Capability or Training EMF 41 Accomplishments for 11 EMPG: New for 2012 work plan General Plan for 12EMPG: Participate in and assist in the planning, development and training for the evergreen quake exercise Core Capability or Communications and Warning EMF 42 Accomplishments for 11 EMPG: New for 2012 work plan General Plan for 12EMPG: Replace and/or Reband City Wide 800 MHz radios DHS-FEMA-EMPG-FFY 12 Page 24 of 29 City of Kent—OEM E12-322 Exhibit D MILESTONE TIMELINE FFY12 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2012 Start of Grant Agreement performance period. August 31, 2013 End of grant performance period October 15, 2013 Submit all final reports, requests for reimbursement and/or deliverables DHS-FEMA-EMPG-FFY 12 Page 25 of 29 City of Kent—OEM E12-322 Exhibit E Budget Sheet FFY12 Emergency Management Performance Grant Program Category Amount Salaries and Benefits $ - Memberships $ - Travel $ 20,000 Equipment $ 35,000 Office Supplies $ 15,250 Uniforms $ 1,000 Telephones $ 1,500 Printing $ 5,000 Copier Usage $ 2,500 Equip Lease $ 5,000 IT $ 5,250 Professional Services $ 10,000 FFY12 EMPG Award 105,500 • The award for City of Kent - OEM award is based on the FFY11 allocation factor of 18.1% of approved local/tribal emergency management operating budgets • City of Kent - OEM will provide a match of 50% of the total project cost ($105,500) of non- federal origin • A total of 5% of this award can be used to pay for management and administration of this contract • Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without prior written authorization from the Department • This award will not be used to supplant the local/tribal funds • The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted • The Contractor agrees to make all records available to Military Department staff, upon request Funding Source U S Department of Homeland Security- PI#723PT— EMPG DHS-FEMA-EMPG-FFY 12 Page 26 of 29 City of Kent—OEM E12-322 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form NAME OF ORGANIZATION DATE SUBMITTED City of Kent Office of Emergency Management PROJECT DESCRIPTION CONTRACT NUMBER Emergency Managment Performance Grant E12-322 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Suzette Cooke Mayor Jim Schneider Fire Chief 2 AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS _-,SIGNATURE,--) / PRINT OR TYPE NAME TITLE Suzette Cooke Mayor Jim Schneider Fire Chief 3 AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Jennifer Keizer Emergency Management Specialist Dominic V Marzano Emergency Manager/ Div Chief MAC-MOL11HOMETARENM 1WPOGNAUTH Revised 5/00 N INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement It is required for the management of your contract with the Military Department (MD) Please complete all sections One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current Changes in staffing or responsibilities will require a new signature authorization form 1 Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor In some cases, the chief executive officer may have been delegated this authority 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space Usually, it is the county commissioner, mayor, executive director, city clerk, etc 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority It is advisable to have more than one person authorized to sign reimbursement requests This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager. � � REQUEST FOR MAYOR'S SIGNATURE `� KENT Please Fill in All Applicable Boxes Y n_,,r,T,H Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: D V Marzano Phone (Originator): x4316 Date Sent: 09/20/12 Date Required: Soonest Return Signed Document to: Marzano/OEM CONTRACT TERMINATION DATE: 08/31/2013 VENDOR NAME: WA Military Dept/OEM DATE OF COUNCIL APPROVAL: 09/18/12 Brief Explanation of Document: This is the FFY12 Washington State Military Department Emergency Management Performance Grant contract. This is the federal pass through grant administered by State EMD to support and enhance emergency preparedness and other emergency management functions. RECEIVED All Contracts Must Be Routed Through The Law,Depar t.kcor (This area to be completed by the Law Department) Received: RECEIVED Approval of Law Dept.: SEP 2 0 2012 Law Dept Comments: KENT LAW DE PT Date Forwarded to Mayor: C1'?�(- Q Shaded Areas To Be Completed By Administrati r DReceived: } SEP L Recommendations and Comments:- Disposition: 9�Z/�z Date Returned: m Washington State Military Department AMENDMENT 1 SUB-GRANTEE NAME/ADDRESS 2 GRANT AGREEMENT NUMBER 3 AMENDMENT City of Kent NUMBER Office of Emergency Management(OEM) E12-322 A 24611 116'h Ave SE Kent,WA 98030-4939 4 SUB-GRANTEE CONTACT, NAME/PHONE/EMAIL 5 DEPARTMENT CONTACT, NAME/PHONEIEMAIL Jennifer Keizer, 253-856-4342 Gary Stumph, 253-512-7483 idkeizer(a�kentwa.gov Gary.StumphAmil.wa.gov 6 TIN or SSN 7 CATALOG OF FEDERAL DOMESTIC 8 FUNDING SOURCE NAME/AGREEMENT# 91-6001254 ASST (CFDA)# 97.042 EMPG EMW-2012-EP-00071 9 FUNDING AUTHORITY Washington State Military Department(Department) and Department of Homeland Security (DHS) 10 DESCRIPTION/JUSTIFICATION OF AMENDMENT Provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant(EMPG)funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the Work Plan The sub-grantee, City of Kent OEM, has requested a time extension to complete final deliverables. The additional time is needed due to delayed project completion beyond the sub-grantee's control. The revision is allowable under the grant provisions and has been approved by the Program Manager. 11 AMENDMENT TERMS AND CONDITIONS 1. Change the original grant agreement end date from August 31, 2013 to September 30, 2013. 2. The overall grant agreement amount of$105,500 remains unchanged 3 Replace the original Milestones, Exhibit D with the Revised Milestones, Exhibit D attached to this amendment This Amendment is incorporated in and made a part of the Grant Agreement Except as amended herein, all other terms and conditions of the Grant Agreement remain in full force and effect Any reference in the original Grant Agreement or an Amendment to the "Grant Agreement" shall mean "Grant Agreement as amended" The Department and Sub-grantee acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below, By signing this Amendment, the signatories warrant they have the authority to execute this Amendment IN WITNESS WHEREOF, the parties have executed this Amendment FOR THE DEPARTMENT FOR THE -GRNATEE _ 8 �3 Signature Date S atur ate Dan Swisher, Chief Financial Officer uzette e, Mayor Washington State Military Department � a�, M;Q_a Signature Date BOILERPLATE APPROVED AS TO FORM Jim Schneider, Fire Chief Brian E Buchholz (signature on file) 3/12/2010 APPROVED AS TO FO (if applicable). Assistant Attorney General11J+e( I A plicant's Legal Review Date Form Date 10/27/00 DHS-FEMA-EMPG-FFY 12 Page 1 of 2 City of Kent OEM E12-322,Amendment A Exhibit D REVISED MILESTONE TIMELINE FFY12 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2012 Start of Grant Agreement performance period. September, 2013 End of grant performance period. November 15, 2013 Submit all final reports, requests for reimbursement and/or deliverables. DHS-FEMA-EMPG-FFY 12 Page 2 of 2 City of Kent OEM E12-322, Amendment A FD az_0 REQUEST FOR MAYOR'S SIGNATURE �•� KENT Please Fill in All Applicable Boxes Y,n41GiCn Reviewed by Director Originator's Name: Dominic V Marzano Dept/Div. OEM Extension: x4316 Date Sent: 8/27/13 Date Required: Return to. Dominic V Marzano CONTRACT TERMINATION DATE: VENDOR: KC OEM DATE OF COUNCIL APPROVAL: ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This is an amendment to the Kent EMPG grant that simply extends the end date from August 31, 2013 to September 30, 2013. .��,, RE E EU All other aspects and conditions of the grant remain the same AUG 2 7 2013 City of Kent office of the Mayor All Contracts Must be Routed Through the Law Department (This area to be completed by the Law Department) � EV E D Received: c u f, Approval of Law Dept.: AUG 2 7 2013 Law Dept. Comments: � plf G Date Forwarded to Mayor: Shaded Areas to be Completed by Administration Staff Received: Recommendations and Comments: / Disposition: Date Returned: