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HomeMy WebLinkAboutFD13-221 - Original - Washington State Military Department - EMPG 2013 - 06/01/2013 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-OEM 24611 116th Ave SE $108,112 E14-088 Kent,WA 98030-4939 4. Sub-grantee Contact,phonelemail: 5 Grant Agreement Start Date. 6 Grant Agreement End Date Jennifer Keizer,263-866-4342 June 1,2013 August 31,2014 JDKeizer kentwa. ov 7 Department Program Manager,phonelemail 8 Data Universal Numbering System (oUNS) 9 UBI#(state revenue) Sierra Wardell,263-512-7121 020253613 173-000-002 sierra.wardell mil.wa. ov 10. Funding Authority Washington State Military Department the"DEPARTMENT' and the U.S. Department of Homeland Security DHS 11. Funding Source Agreement# 12 Program Index# & OBJ/SUB-OJ 13 CFDA#&Titie' 14 TIN EMW-2013-EP-00050-S01 733PT 1 91-6001254 15 Service Districts 16 Service Area by County(ies), 17 Women/Mmonty-Owned, State (BY LEGISLATIVE DISTRICT) 33,47,11 King County Certified? X N/A ❑ NO BY CONGRESSIONAL DISTRICT): 8,9 1 1 ❑ 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 RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w10FM? ❑ 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, 6. Other provisions of the grant agreement Incorporated by reference. WH EAS,the parties her ave executed this Grant Agreement on the nd year t cifled below. FO T DEP EWT. t F AlP CANT Signature Date net r Date Dan Swisher,Chief Financial Officer Suz C ke, Mayor Washington State Military Department ii✓s et�'c/ ♦o-3l - 13 BOILERPLATE APPROVED AS TO FORM Signature Date Jlm Schneider, Fire Chief Brian E. Buchholz(signature on file) 9/16/2013 Assistant Attorney General AP ED O ap tile): /d12I A Ic nt's Legal 13prew 15ate i Form 10127/00 kdb DHS-FEMA-EMPG-FFY 13 Page 1 of 32 City of Kent OEM E14-088 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 Gary Stumph Title EM Specialist Title Program Coordinator E-Mail JDKeizer@kentwa.gov E-Mad gary.stumph@mil.wa.gov Phone 253-856-4342 Phone 253-512-7483 Name Jim Schneider Name Olivia Hollowwa Title Fire Chief Title Program Coordinator E-Mad jschneider@kentfirerfa.org E-Mad olivia.hollowwa@mil.wa.gov Phone 253-856-4311 Phone 253-512-7149 Name Sierra Wardell Title Program Manager E-Mail sierra.wardell@mil.wa.gov Phone 253-512-7121 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 13 Page 2 of 32 City of Kent OEM E14-088 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 2013 Emergency Management Performance Grants (EMPG) Program, Funding Opportunity Announcement (FOA)", which can be found at http //www fema gov/preparedness-non-disaster-grants 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 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 seances 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 htti)//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 properly completed State A-19 Invoice form and reimbursement spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought Reimbursement requests must be submitted to HLS Reimbursements(cDmil wa gov at least quarterly but not more frequently than monthly 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 13 Page 3 of 32 City of Kent OEM E14-088 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 3 Additionally, in conjunction with the final report , the Sub-grantee shall submit a separate report detailing how the Exercise and Training requirements were met for all personnel funded in any part through any source of funding under this Agreement 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 DHS-FEMA-EMPG-FFY 13 Page 4 of 32 City of Kent OEM E14-088 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 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-recipients who receive pass-through funding from this Grant Agreement 10 Allowable equipment categories for the FY 2013 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 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 Vill— 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 Vlll —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 As a subrecipient of federal financial assistance under Circular A-133, the Sub-grantee shall complete and return to the Department Attachment #2 "OMB Circular A- 133 Audit Certification Form" with the signed Grant Agreement and each fiscal year thereafter until the Grant Agreement is closed, which Form is incorporated in and made a part of this Agreement 2 Monitoring activities may include, but are not limited to a review of performance reports, b monitoring and documentation the completion of Grant Agreement deliverables, DHS-FEMA-EMPG-FFY 13 Page 5 of 32 City of Kent OEM E14-088 c documentation of phone calls, meetings, a-mails and correspondence, d review of reimbursement requests and supporting documentation to ensure allowability 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, 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—NIMS COMPLIANCY 1 The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector and describes the planning, organizing, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal 2 The Sub-grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2013 must be met. ARTICLE X—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 FFY13 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes, which 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 management operating budget Funds will be 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 $108,112 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. DHS-FEMA-EMPG-FFY 13 Page 6 of 32 City of Kent OEM E14-088 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 FFY13 EMPG Program All personnel funded in any part through any source of funding under this Agreement shall participate in no less than three exercises in a 12-month period 7 All personnel funded in any part through any source of funding under this Agreement shall complete the following training requirements and record proof of completion NIMS Training IS 100, IS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244 8 Cumulative changes to budget categories in excess of 10% of the Grant Agreement amount will not be reimbursed without prior written authorization from the Department In no case shall the total budget amount exceed the Grant Agreement amount Budget categories are as specified or defined on the budget sheet of the contract Any changes to budget categories other than in compliance with this paragraph will not be reimbursed 9 As a recipient of federal financial assistance under this Agreement, the Sub-grantee shall comply with all applicable state and federal statutes, regulations, executive orders, and guidelines, including but not limited to the following a All applicable state and federal statutes, regulations, executive orders and guidelines relating to nondiscrimination, including but not limited to the following (a) Title VI of the Civil Rights Act of 1964, as amended (42 U S C 2000d et seq ) which prohibits discrimination on the basis of race, color or national origin, (b) the Civil Rights Act of 1968 (42 U S C 3601), which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, (c) Title IX of the Education Amendments of 1972, as amended (20 U S C §§1681 et seq ), which prohibits discrimination on the basis of sex, (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U S C §794), which prohibits discrimination on the basis of disability, (e) the Age Discrimination Act of 1975, as amended (42 U S C §§6101 et seq ), which prohibits discrimination on the basis of age, (f) the Fair Housing Amendments Act of 1988, as amended (42 U S C §§3601 et seq ), relating to nondiscrimination in the sale, rental or financing of housing, (g) the Americans with Disabilities Act, as amended (42 U S C §§ 12101-12213) which prohibits discrimination on the basis of disability, and (h) Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency b All applicable state and federal statutes, regulations, executive orders and guidelines relating to environmental and historical preservation, including but not limited to the following (a) the Coastal Wetlands Planning, Protection and Restoration Act of 1990, as amended (16 U S C 3951 et seq ), Executive Order 11990 and 44 CFR Part 9, (b) the Clean Air Act of 1970, as amended (42 U S C §7401) and the Clean Water Act of 1977, as amended (38 U S C §§ 1251-1387) and Executive Order 11738, (c) floodplains management pursuant to EO 11988, as amended, (e) the Coastal Zone Management Act of 1972, as amended (P L 92- 583, 16 U S C §§1451 et seq ), (d) the National Environmental Policy Act, as amended (42 U S C §4321), (e) the Safe Drinking Water Act of 1974, as amended DHS-FEMA-EMPG-FFY 13 Page 7 of 32 City of Kent OEM E14-088 (PL 93-523), (f)the Endangered Species Act of 1973, as amended (PL 93-205), and (g) the National Historic Preservation Act, as amended (PL 89-665, 16 U S C §470 et seq ) and 36 CFR Part 800 c The Drug-Free Workplace Act of 1988, as amended (41 U S.0 §701 et seq , 2 CFR 3001, 44 CFR Part 17) d Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U S C §7104) and 2 CFR §175 e The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of research, and the requirements in DHS Directive 026-04 f The requirements of the Animal Welfare Act of 1966, as amended (7 U S C §2131 et seq ) g The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968, as amended (42 U S C §4001 et seq ) h The USA Patriot Act of 2001, as amended (18 U S C §§175-175c) i The Fly America Act of 1974, as amended (49 U S C §40118) and the interpretive guidelines issued by the Comptroller General of the United States March 31, 1981, amendment to Comptroller General Decision B138942 j The False Claims Act (FCA) (31 U S C § 3729) k Section 6 of the Hotel and Motel Safety Act of 1990 (15 U S C §2225(a), ensuring that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention Control Act of 1974, 15 U S C §2225 10 The Sub-grantee must obtain DHS approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials 11 The Sub-grantee must comply with any Federal requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds 12. If, during the past three years, the Sub-grantee has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Sub-grantee must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the Department for forwarding to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Sub-grantee, or the Sub-grantee settles a case or matter alleging such discrimination, the Sub-grantee must forward a copy of the complaint and findings to the DHS Component and/or awarding office The United States has the right to seek judicial enforcement of these obligations 13 The Sub-grantee must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 14 If the Sub-grantee collects personally identifiable information (PII), the Sub-grantee must have a publically-available policy that describes what PII is collected, how the PII is used, whether the PII is shared with third parties, and how individuals may have their PII corrected as necessary 15 The Sub-grantee and any of its sub-recipients are required to be non-delinquent in repayment of any Federal debt DHS-FEMA-EMPG-FFY 13 Page 8 of 32 City of Kent OEM E14-088 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ 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 of a federal award, 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 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 I/www omb gov SUB-GRANTEES that qualify as subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing Standards (the Revised DHS-FEMA-EMPG-FFY 13 Page 9 of 32 City of Kent OEM E14-088 Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement The SUB-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* Contracts Office 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 Contracts Office 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 13 Page 10 of 32 City of Kent OEM E14-088 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 6 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 System for Award Management(http//www sam gov) maintained by the federal government The SUB-GRANTEE also agrees not to enter into any arrangements or contracts voth any party on the Washington State Department of Labor and Industries' "Debarred Contractor List' (http//www Ini wa gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractorsn A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 10 CFR Part 601, the Sub-grantee hereby certifies that to the best of its knowledge and belief (1) no federally appropriated funds have been paid or will be paid by or on behalf of the 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, DHS-FEMA-EMPG-FFY 13 Page 11 of 32 City of Kent OEM E14-088 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.9 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 gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision AA 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.11 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the SUB-GRANTEE's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other law or court order DHS-FEMA-EMPG-FFY 13 Page 12 of 32 City of Kent OEM E14-088 A.12 DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties The panel shall consist of a representative appointed by the Department, a representative appointed by the Contractor and a third party mutually agreed upon by both parties The panel shall, by majority vote, resolve the dispute Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member A 13 LEGAL RELATIONS It is understood and agreed that this 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 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 14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement Only the DEPARTMENT's Authorized Signature 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 DHS-FEMA-EMPG-FFY 13 Page 13 of 32 City of Kent OEM E14-088 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 15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the 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 16 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the SUB-GRANTEE A.17 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, 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.18 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 19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) 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 20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this 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.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue DHS-FEMA-EMPG-FFY 13 Page 14 of 32 City of Kent OEM E14-088 A.22 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 23 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 A 24 RECAPTURE PROVISION In the event the SUB-GRANTEE fails 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 25 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 protect(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement DHS-FEMA-EMPG-FFY 13 Page 15 of 32 City of Kent OEM E14-088 A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK 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 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 Sub-Grantees must comply with the following provisions regarding procurement, and all Sub-Grantee contracts with sub-contractors or sub-recipients must contain the following provisions regarding procurement, per 44 CFR Part 13 36(1) 1 Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (All contracts more than the simplified acquisition threshold) 2 Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement (All contracts in excess of$10,000) 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees) DHS-FEMA-EMPG-FFY 13 Page 16 of 32 City of Kent OEM E14-088 4. Compliance with the Copeland "Anti-Kickback" Act (18 U S.0 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and sub-grants for construction or repair) 5 Compliance with the Davis-Bacon Act (40 U S C 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5) (Construction contracts in excess of $2,000 awarded by grantees and sub-grantees when required by Federal grant program legislation) 6 Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5) (Construction contracts awarded by grantees and sub- grantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) 7 Notice of awarding agency requirements and regulations pertaining to reporting 8 Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract 9 Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10 Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions 11 Retention of all required records for three years after grantees or sub-grantees make final payments and all other pending matters are closed 12 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U S C 1857(h)), section 508 of the Clean Water Act (33 U S C 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15) (All contracts, sub-contracts, and sub-grants of amounts in excess of$100,000) 13 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub L 94-163, 89 Stat 871) The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans and documents, and require the Sub-Grantee to make changes to bring its plans and documents into compliance with the requirements of 44 CFR Part 13 36 The Sub- Grantee must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Sub-Grantee and DEPARTMENT to make a determination on eligibility of project costs 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 DHS-FEMA-EMPG-FFY 13 Page 17 of 32 City of Kent OEM E 14-088 for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41 06 RCW It is understood that if the 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 faded 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 or 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 DHS-FEMA-EMPG-FFY 13 Page 18 of 32 City of Kent OEM E14-088 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 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, (n) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (ui) 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 DHS-FEMA-EMPG-FFY 13 Page 19 of 32 City of Kent OEM E14-088 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, 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 AX 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 DHS-FEMA-EMPG-FFY 13 Page 20 of 32 City of Kent OEM E14-088 Exhibit C FFY13 Emergency Management Performance Grant WORK PLAN Emergency Management Agency City of Kent 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 but not limited to the ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant ACTIVITY a 1 Emergency Management Activity: Participate in NAWAS tests and exercises Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: 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 is 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 a part of this fan-out 2 Emergency Management Activity: Participation in scheduled testing between Kent OEM and the State EOC Core Capability Operational Communications General Plan for 13EMPG: 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 3 Emergency Management Activity: Update and test ARES & RACES plans Core Capability Operational Communications Community Resilience General Plan for 13EMPG: Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Amateur Radio Emergency Services (ARES) & Radio Amateur Civil Emergency Service (RACES) program and the state RACES /ARES plan 4 Emergency Management Activity: Notification to State in the event of activation Core Capability Operational Communications Intelligence and Information Sharing General Plan for 13EMPG: Notify the state EOC immediately upon activation of the Kent ECC Provide Situation Reports (SITREPS) as needed DHS-FEMA-EMPG-FFY 13 Page 21 of 32 City of Kent OEM E14-088 6 Emergency Management Activity: Communications and Warning Core Capability Operational Communications Public Information and Warning General Plan for 13EMPG: 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 Emergency Management Activity: NIMS requirements Core Capability Planning Operational Coordination General Plan for 13EMPG: Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements 7 Emergency Management Activity: Exercises Core Capability Risk Management for Protection Programs &Activities Operational Coordination General Plan for 13EMPG: Participate in the design, conduct, and evaluate at least one exercise during the performance period 8 Emergency Management Activity: CEMP Core Capability Planning Threat and Hazard Identification General Plan for 13EMPG: 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 National Incident Management System 9 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public Information and Warning General Plan for 13EMPG: Conduct public disaster 1 emergency preparedness education programs for the citizens and businesses in the community and schools 10 Emergency Management Activity: City Wide Radios Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Conduct a monthly Citywide radio drill on the Kent Citywide Radio System 800MHz radios between the ECC and all designated Department Operating Centers (DOCs) DHS-FEMA-EMPG-FFY 13 Page 22 of 32 City of Kent OEM E14-088 11 Emergency Management Activity: County Regional Radio Test Core Capability Operational Communications Situational Assessment General Plan for 13EMPG: Participate in the King County 800MHz radio test monthly 12 Emergency Management Activity: Public Education and Training Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Conduct a minimum of 2 CERT academies, 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 To include 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 and first responders at time of a disaster 13 Emergency Management Activity: Web and Social Media Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Utilize the city webpage as a resource for outreach and information to the local, regional, and business communities Work with Kent RFA Administration to manage the website for Kent Fire - RFA/and Kent OEM Utilize existing social media channels to communicate with the community 14 Emergency Management Activity: Community Event Participation Core Capability Community Resilience Risk Management for Protection Programs &Activities General Plan for 13EMPG: Set up and staff visual public display booths for large citywide events including Cornucopia Days, Covington Days and National Night Out Distribute preparedness information and flyers 15 Emergency Management Activity: LEPC Core Capability Planning Public and Private Services and Resources General Plan for 13EMPG: Continue activities as the Kent Local Emergency Planning Committee (LEPC) Act as LEPC representative to the King County EMAC. DHS-FEMA-EMPG-FFY 13 Page 23 of 32 City of Kent OEM E14-088 16 Emergency Management Activity: Citizen Corps Council Core Capability Planning Community Resilience General Plan for 13EMPG: 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 funding distribution plans 17 Emergency Management Activity: HAZMAT Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue participation in the King County Region Hazmat Providers Group 18 Emergency Management Activity: Mass Care Core Capability Mass Care Services Planning General Plan for 13EMPG: Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in seminars and exercises 19 Emergency Management Activity: Catastrophic Planning Core Capability Planning General Plan for 13EMPG: Continue participation in the Regional Catastrophic Planning Group meetings 20 Emergency Management Activity: Kent EPC Core Capability Planning Operational Coordination General Plan for 13EMPG: Conduct City Emergency Planning Committee (EPC) meetings to address all five 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 21 Emergency Management Activity: COOP Plans Core Capability Planning Risk Management for Protection Programs &Activities General Plan for 13EMPG: Continue to coordinate COOP plan development for all city departments, review draft plans and assist with standardization for essential functions DHS-FEMA-EMPG-FFY 13 Page 24 of 32 City of Kent OEM E14-088 22 Emergency Management Activity: Zone Coordination Core Capability Planning Operational Coordination j General Plan for 13EMPG: 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 23 Emergency Management Activity: CRS Review Core Capability Threat and Hazard Identification Risk and Disaster Resilience Assessment General Plan for 13EMPG: Review the requirements for the FEMA Community Rating System (CRS) including any impact analysis reports and CRS activities Coordinate activities with Public Works to determine activities necessary and achievable to reduce insurance premiums 24 Emergency Management Activity: ECC Enhancements Core Capability Planning Operational Coordination General Plan for 13EMPG: Continue to identify enhancements for Kent OEM ECC functionality and capability 25 Emergency Management Activity: ECC Testing Core Capability Operational Coordination Operational Communications General Plan for 13EMPG: 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 26 Emergency Management Activity: Professional Development Core Capability Planning Operational Coordination General Plan for 13EMPG: Research and send staff to available training activities, conferences, or professional development courses or meetings to enhance personnel professionalism in emergency management 27 Emergency Management Activity: Amateur Radio Team Support Core Capability Operational Communications Operational Coordination General Plan for 13EMPG: Kent Communication Support Team (KCST)to hold drills on each 5th Saturday and participate in other trainings as needed DHS-FEMA-EMPG-FFY 13 Page 25 of 32 City of Kent OEM E14-088 28 Emergency Management Activity: Community Warning System Core Capability Public Information and Warning Community Resilience General Plan for 13EMPG: Maintain and update the reverse 911 community alert systems (CodeRed)for Kent. 29 Emergency Management Activity: Tier II Reporting Core Capability Threat and Hazard Identification Planning General Plan for 13EMPG: Receive, Review, and Document Tier ll's from HazMat facilities 30 Emergency Management Activity: Volunteer Management Core Capability Community Resilience Public and Private Services and Resources General Plan for 13EMPG: Develop and train a volunteer team to support multiple functions within the ECC and/or Disaster Preparedness/Recovery 31 Emergency Management Activity: Annual Statewide Exercise Core Capability Community Resilience Planning General Plan for 13EMPG: Participate in the Great ShakeOut 2013 Exercise 32 Emergency Management Activity: Windshield Survey Core Capability Situational Assessment Operational Coordination General Plan for 13EMPG: Ongoing development and enhancement of the Citywide All Discipline windshield survey program 33 Emergency Management Activity: Credentialing Core Capability Access Control On-scene Security and Protection General Plan for 13EMPG: Enhance existing credentialing program 34 Emergency Management Activity: Regional Hazard Mitigation Plan Core Capability Long-term Vulnerability Reduction Planning General Plan for 13EMPG: Participate in the King County Regional Hazard Mitigation planning DHS-FEMA-EMPG-FFY 13 Page 26 of 32 City of Kent OEM E14-088 Exhibit D MILESTONE TIMELINE FFY13 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2013 Start of Grant Agreement performance period January 31, 2014 Submit reimbursement request#1 (June 1 — December 31, 2013) April 30, 2014 Submit reimbursement request#2 (January 1 — March 31, 2014) August 31, 2014 End of grant performance period October 15, 2014 Submit final reimbursement request (April 1 — August 31, 2014), additional reports, and/or deliverables DHS-FEMA-EMPG-FFY 13 Page 27 of 32 City of Kent OEM E14-088 Exhibit E Budget Sheet FFY13 Emergency Management Performance Grant Program The award is based on the allocation factor of 17 32% of 13EMPG Allocation Factorl 17.32% the approved localltnbal emergency management 13EMPG GRANT AWARD AMOUNTI $ 108,112.00 operating budgets sOLUnON ARFA BUDGETCATEGORY AMOUNT NARRATIVE Planning,printing,softwarefor Hazmat,COOP and LEPC Z Goods&Services $ 6,000 planning ZTravel/Per Diem $ g Indirect $ - a Subtotal $ 6,000 Q Salaries&Benefits $ pOvertime/eackfill $ Q Consultants/Contractors $ - Z EM Off iceSupplies,materials,instructional support for day Q Goods&Services $ 36,500 to day operations,IT,copier usage,phones,uniforms l7 O Subtotal $ 36,500 Tools/Minor Equipment&Furniture for OEM Office,ECC, jEquipment $ 36,000 DOC's&Amatuer Radio Group CY Indirect $ - w Subtotal $ 36,000 Q Supplies,Materials,Instructional Support for OEM Z Goods &Services $ 4,000 Trainings aZ Travel/Conferences/Registration/Per Diem/Training F Travel/Per Diem $ 20,000 Examples are WSEMA,IAEM,EMI,PIEP,&LEPC Subtotal $ 24,000 w Supplies,Materials,Instructional Supportfor OEM LA u Goods&Services $ 5,612 exercises w Indirect $ - x Lu Subtotal $ 5,612 TOTAL Grant Agreement Contract AMOUNT- $ 108,112 • City of Kent-Office of Emergency Management(OEM)will provide a match of$108,112, 50% of the total project cost (local/tribal budget plus EMPG award), of non-federal origin • Cumulative changes to budget categories in excess of 10%of the grant agreement 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 Sub-grantee agrees to make all records available to Military Department staff, upon request k Funding Source U S Department of Homeland Security- PI#733PT—EMPG DHS-FEMA-EMPG-FFY 13 Page 28 of 32 City of Kent OEM E14-088 ATTACHMENT#1 ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006 The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website Federal awards include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders The legislation does not require inclusion of individual transactions below$25,000 or credit card transactions before October 1, 2008 However, if an award is initially below this amount yet later increased, the act is triggered Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State's submission in to the FFATA portal ADDITIONAL PROVISIONS A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB) Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U S C 6101 note) By entering into this grant agreement contract, the sub-grantee agrees to provide all applicable reporting information to the Washington Military Department (WMD) required by FFATA and OMB Guidance B The FFATA requires the OMB to establish a publicly available online database (USASpending gov) containing information about entities that are awarded Federal grants, loans, and contracts As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available C For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000 If the initial subaward equals or exceeds $25,000 but funding is subsequently de- obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance D As a Federal grant subawardee under this grant agreement contract, your organization is required by FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable 1 Data about your organization will be provided to USASpending gov by the WMD System for Award Management (SAM) is a government wide registration system for organizations that do business with the Federal Government SAM stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, http//www sam gov WMD requires SAM registration and annual renewal by your organization to minimize unnecessary data entry and re-entry required by both WMD and your organization It will also reduce the potential of inconsistent or inaccurate data entry 2 Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (http//www dnb com) A DUNS number provides a method to verify data about your organization D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance DHS-FEMA-EMPG-FFY 13 Page 29 of 32 City of Kent OEM E14-088 E The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if 1 Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and 2 The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U S C §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986 "Total compensation" for purposes of this requirement generally means the cash and non-cash value earned by the executive during the past fiscal year and includes salary and bonus, awards of stock, stock options and stock appreciation rights, and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance F If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U S C §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below DHS-FEMA-EMPG-FFY 13 Page 30 of 32 City of Kent OEM E14-088 WORKSHEET Subrecipient Agency. Cjh4 O'F Kent ' Grant and Year E M Q Agreement Number E I'->i'O Completed by, JCnn;Qer- Keizer •m•Spe6a S 05 • 10-4a4d Name Title Telephone Date Completed no further analysis Is your grant agreement less than $25,000? YES STOP, f GO to Step 2 r needed, GO to Step 6 NO � In your preceding fiscal year, did your AYES STOP, no further organization receive 80%or more of its annual r-I GO to STEP 3 NO r'� analysis needed, GO gross revenues from federal funding? , ' to Step 6 "s P3 az In your preceding fiscal year, did your YES STOP, no further organization receive$25,000,000 or more in r GO to STEP 4 NO f" analysis needed, GO federal funding? , to Step 6 :1 " Does the public have access to information about YES STOP, no further analysis . I the total compensation`of senior executives in �— needed GO to step6 C— GO to STEP 5 your organization? NO STEP 5 ' Name, Executive#1 Total Compensation amount: $ Name Executive#2 Total Compensation amount. $ Name: Executive#3 Total Compensation amount, $ Executive#4 Name Total Compensation amount $ Name. Executive#5 Total Compensation amount: $ If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example- "Our organization received less than$25.000" Signature Date: 91 ZO' 13 *Total compensate refers to • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources htto//www.whitehouse qov/omb/open httv//www hrsa.gov/grants/ffata html http*//www goo qov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705 pdf http llwww grants.gov! DHS-FEMA-EMPG-FFY 13 Page 31 of 32 City of Kent OEM E14-088 ATTACHMENT#2 OMB Circular A-133 Audit Certification Form Audits of States, Local Governments, and Non-Profit Organizations Contact Information Subrecipient(Sub-Grantee) Name(Agency,Local Government,or Organization) Cl'tx J 0 f Me, Authorized Financial Official t (' Address.,-) JL - nn/-1 P 'til Old UOg 3- Email )rna(-hil' rlAae- cC,)I<eri WA - cioJ Phone#- _�53 - 5S5L -'553CnD Purpose: As a pass throw agency of federal grant funds,the Washington Military Department/Emergency Management Division (WMD/EMD) is required by Office of Management and Budget(OMB) Circular A-133 to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and ensure that subrecipients expending$500,000 or more in federal awards during their fiscal year have met the OMB Circular A-133 Audit Requirements Your entity is a subrecipient subject to such monitoring by MIUEMD because it is a non-federal entity that expends federal grant funds received from MIUEMD as a pass-through entity to carry out a federal program. OMB Circular A-133 can be found at httD.//www whitehouse cov/sttesldefau/triles/omb/assets/al331 a133 revised 2007Adf,and it should be consulted when completing this form Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall have a single or program-specific audit conducted for that year If your entity is not subject to A-133 requirements, you must complete Section A of this Form If your entity is required to complete an A-133 Audit, you must complete Section B of this form When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing,withholding of federal awards or disallowance of costs,and suspension or termination of federal awards SECTION A: Entities NOT sub ect to the audit recluirements of OMB Circular A-133 Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply), ❑ We did not expend$500,000 or more of total federal awards during the fiscal year. ❑ We are a for-profit agency ❑ We are exempt for other reasons(describe) However, by signing below, I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)in which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees,and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds SECTION B• Entities that ARE subject to the requirements of OMB CircularA-133 (Complete the information below and check the appropriate box We completed our last A-133 Audit on[enter date]for Fiscal Year ending[enter date] There were no findings related to federal awards from WMD/EMD No follow-up action is required by WMD/EMD as the pass-through entity A complete copy of the audit report,which includes exceptions,corrective action plan and management response, is either enclosed or available online at: 1 r I�,+(�59uz http•//www Sa , Wa.�0\1/0 t d if Q Po r fps l rtudi' re,art-Pt(es l� ❑ We completed our last A-13' Audit on[enter date]for Fiscal Year ending[enter date] There were findings related to federal awards A complete copy of the audit report,which includes exceptions,corrective action plan and management response,Is either enclosed or available online at: http//www ❑ Our completed A-133 Audit will be available on[enter date]for Fiscal Year ending[enter date] We will forward a copy of the audit report to you at that time unless it will be available online at: http llwww I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit repo rtfstatem ent have been disclosed.Additionally, I understand this Form is to be submitted Wrery fiscal year for which this entity is a subrecipient of federal grant funds from MIUEMD until the grant agre " t is closed. / Signature of Authorized Financial Official: Date: �� 1 / I'3 Print Name&Title: 131Vc elp&g"ti " Flr'1�'�� r�iRtEc+off WMD Form 1009-13,8/19/2013 DHS-FEMA-EMPG-FFY 13 Page 32 of 32 City of Kent OEM El4-088 Washington Military Department Contract Number Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as(DBA) Dominic Marzano Kent Office of Emergency Manangement ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax or Solicitation#,if any: Identifier(UBI) Identification# 173-000-002 91-6001254 This certification is submitted as part of a request to contract Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide Immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances 4 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless It knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity 9 Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to t is orm. / z Bidder or Contractor Signatu I A \ Date Print Name and Title Dominic Marzano - Divi on ief Washington Military Department Contract Number FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is"Debarment,Suspension, Ineligibility, and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549 The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs) What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract What does the word "proposal' mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department What or who is a "lower tier participant"? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department Covered Transaction does not include mandatory entitlements and individual benefits Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before com Dieting this form. NAME OF ORGANIZATION DATE SUBMITTED City of Kent - OEM PROJECT DESCRIPTION CONTRACT NUMBER Emergency Management Performance Grant E14-088 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLErrERM OF OFFICE Suzette Cooke Mayor �+ Jim Schneider Fire Chief �wq dGW i4 M WhnP IM 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 EM Specialist Dominic Marzano Division Chief 1\N -MOMHOMEWAREN 1 1W SIGNAUTH Revised 3/03 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. Form W=9 Request for Taxpayer Give Form to the (Rev January2011) Identification Number and Certification requester. not I Department of the Treasury send to the not Internal Revenue Service Name(as shown on your income tax return) City of Kent(WA) -Office of Emergency Management a Business nameldisregarded entity name,if different from above d rn m o- Check appropriate box for federal tax c O classification(required) ❑ Individuai le proprietor ❑ C Corporation ❑S Corporation ❑ Partnership ❑Trust/estate N as a ❑ Limited liability company Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► El Exempt payee O y r N C 0r. ❑ Other(see instructions)► u •= Address(number,street,and apt or suite no) Requester's name and address(optional) u o. 24611 116th Ave SE mCity,state,and ZIP code Kent,WA 98030 List account number(s)here(optional) Rill Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on the"Name"line social security number to avoid backup withholding For Individuals,this is your social security number However,for a -m _ resident alien,sole proprietor,or disregarded entity,see the Part I Instructions onn page 3 For other entities, it is your employer identification number(EIN) If you do not have a number,see How to get a FM TIN on page 3 Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification number number to enter 9 1 — 6 1 0 1 0 1 1 1 2 1 5 1 4 Certification Under penalties of perjury,I certify that 1 The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2 1 am not subject to backup withholding because (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3 1 am a U S citizen or other U S person(defined below) Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions,item 2 does not apply For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN See the instructions on page 4 Sign Signature of Here US person► Date► General Instructions Note.If a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9 noted Definition of a U S.person.For federal tax purposes,you are Purpose of Form considered a U S person if you are A person who is required to file an information return with the IRS must •An individual who is a U S citizen or U S resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or of debt,or contributions you made to an IRA •A domestic trust(as defined in Regulations section 301 7701-7) Use Form W-9 only if you are a U S person(including a resident alien),to provide your correct TIN to the person requesting it(the Special rules for partnerships Partnerships that conduct a trade or requester)and,when applicable,to business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business 1 Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2 Certify that you are not subject to backup withholding,or and pay the withholding tax Therefore, if you are a U S person that is a 3 Claim exemption from backup withholding if you are a U S exempt partner in a partnership conducting a trade or business in the United payee If applicable,you are also certifying that as a U S person,your States, provide Form W-9 to the partnership to establish your U S allocable share of any partnership income from a U S trade or business status and avoid withholding on your share of partnership income is not subject to the withholding tax on foreign partners'share of effectively connected income Cat No 10231X Form W-9(Rev 1-2011) Form W-9(Rev 1-2011) Paget The person who gives Form W-9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding establishing its U S status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the share of net income from the partnership conducting a trade or business Requester of Form W-9 in the United States is in the following cases Also see Special rules for partnerships on page 1 •The U S owner of a disregarded entity and not the entity, Updating Your Information •The U S grantor or other owner of a grantor trust and not the trust, You must provide updated information to any person to whom you and •The U S trust other than a grantor trust and not the beneficiaries of claimed to at an exempt payee l you are no longer an exempt payee ( ) and anticipate receiving reportable payments in the future from this the trust person For example,you may need to provide updated information if Foreign person.If you are a foreign person,do not use Form W-9 you are a C corporation that elects to be an S corporation,or if you no Instead,use the appropriate Form W-8(see Publication 515, longer are tax exempt In addition,you must furnish a new Form W-9 if Withholding of Tax on Nonresident Aliens and Foreign Entities) the name or TIN changes for the account,for example,if the grantor of a Nonresident alien who becomes a resident alien Generally,only a grantor trust dies nonresident alien individual may use the terms of a tax treaty to reduce Penalties or eliminate U S tax on certain types of income However,most tax treaties contain a provision known as a"saving clause"Exceptions Failure to furnish TIN.If you fail to furnish your correct TIN to a specified in the saving clause may permit an exemption from tax to requester,you are subject to a penalty of$50 for each such failure continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect become a U S resident alien for tax purposes Civil penalty for false information with respect to withholding.If you If you are a U S resident alien who is relying on an exception make a false statement with no reasonable basis that results in no contained in the saving clause of a tax treaty to claim an exemption backup withholding,you are subject to a$500 penalty from U S tax on certain types of income,you must attach a statement Criminal penalty for falsifying information.Willfully falsifying to Form W-9 that specifies the following five items certifications or affirmations may subject you to criminal penalties 1 The treaty country Generally,this must be the same treaty under including fines and/or imprisonment which you claimed exemption from tax as a nonresident alien Misuse of TINS If the requester discloses or uses TINS in violation of 2 The treaty article addressing the income federal law,the requester may be subject to civil and criminal penalties 3 The article number(or location)in the tax treaty that contains the saving clause and its exceptions Specific Instructions 4 The type and amount of income that qualifies for the exemption Name from tax 5 Sufficient facts to justify the exemption from tax under the terms of If you are an individual,you must generally enter the name shown on the treaty article your income tax return However,if you have changed your last name, for instance,due to marriage without informing the Social Security Example.Article 20 of the U S-China income tax treaty allows an Administration of the name change,enter your first name,the last name exemption from tax for scholarship income received by a Chinese shown on your social security card,and your new last name student temporarily present in the United States Under U S law,this If the account is in joint names,list first,and then circle,the name of student will become a resident alien for tax purposes if his or her stay in the person or entity whose number you entered in Part I of the form the United States exceeds 5 calendar years However,paragraph 2 of the first Protocol to the U S-China treaty(dated April 30,1984)allows Sole proprietor.Enter your individual name as shown on your income the provisions of Article 20 to continue to apply even after the Chinese tax return on the"Name"line You may enter your business,trade,or student becomes a resident alien of the United States A Chinese "doing business as(DBA)"name on the"Business name/disregarded student who qualifies for this exception(under paragraph 2 of the first entity name"line protocol)and is relying on this exception to claim an exemption from tax Partnership,C Corporation,or S Corporation Enter the entity's name on his or her scholarship or fellowship income would attach to Form on the"Name"line and any business,trade,or"doing business as W-9 a statement that includes the information described above to (DBA)name"on the`Business name/disregarded entity name"line support that exemption Disregarded entity.Enter the owner's name on the"Name"line The If you are a nonresident alien or a foreign entity not subject to backup name of the entity entered on the"Name"line should never be a withholding,give the requester the appropriate completed Form W-8 disregarded entity The name on the"Name"line must be the name What is backup withholding?Persons making certain payments to you shown on the income tax return on which the income will be reported must under certain conditions withhold and pay to the IRS a percentage For example,if a foreign LLC that is treated as a disregarded entity for of such payments This is called'backup withholding" Payments that U S federal tax purposes has a domestic owner,the domestic owner's may be subject to backup withholding include interest,tax-exempt name is required to be provided on the"Name"line If the direct owner interest,dividends,broker and barter exchange transactions,rents, of the entity is also a disregarded entity,enter the first owner that is not royalties,nonemployee pay,and certain payments from fishing boat disregarded for federal tax purposes Enter the disregarded entity's operators Real estate transactions are not subject to backup name on the`Business name/disregarded entity name"line If the owner withholding of the disregarded entity is a foreign person,you must complete an You will not be subject to backup withholding on payments you appropriate Form W-8 receive if you give the requester your correct TIN,make the proper Note.Check the appropriate box for the federal tax classification of the certifications,and report all your taxable interest and dividends on your person whose name is entered on the"Name"line(Individual/sole tax return proprietor,Partnership,C Corporation,S Corporation,Trust/estate) Payments you receive will be subject to backup Limited Liability Company(LLC).If the person identified on the withholding if: "Name"line is an LLC,check the"Limited liability company"box only 1 You do not furnish our TIN to the requester, and enter the appropriate code for the tax classification in the space Y q provided If you are an LLC that is treated as a partnership for federal 2 You do not certify your TIN when required(seethe Part II tax purposes,enter"P"for partnership If you are an LLC that has filed a instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation,enter"C"for 3 The IRS tells the requester that you furnished an incorrect TIN, C corporation or"S"for S corporation If you are an LLC that is 4 The IRS tells you that you are subject to backup withholding disregarded as an entity separate from its owner under Regulation because you did not report all our interest and dividends of our tax section 301 7701-3(except for employment and excise tax),do not Y P Y Y check the LLC box unless the owner of the LLC(required to be return(for reportable interest and dividends only),or identified on the"Name"line)is another LLC that is not disregarded for 5 You do not certify to the requester that you are not subject to federal tax purposes If the LLC is disregarded as an entity separate backup withholding under 4 above(for reportable interest and dividend from its owner,enter the appropriate tax classification of the owner accounts opened after 1983 only) identified on the"Name"line Form W-9(Rev 1-2011) Page 3 Other entities Enter your business name as shown on required federal Part I.Taxpayer Identification Number(TIN) tax documents on the"Name"line This name should match the name Enter your TIN in the appropriate box.If you are a resident alien and shown on the charter or other legal document creating the entity You may enter any business,trade,or DBA name on the"Business name/ you do not have and are not eligible to get an SSN,your TIN is your IRS disregarded entity name'line individual taxpayer identification number(ITIN) Enter it in the social security number box If you do not have an ITIN,see How to get a TIN Exempt Payee below If you are exempt from backup withholding,enter your name as If you are a sole proprietor and you have an EIN,you may enter either described above and check the appropriate box for your status,then your SSN or EIN However,the IRS prefers that you use your SSN check the"Exempt payee"box in the line following the`Business name/ If you are a single-member LLC that is disregarded as an entity disregarded entity name,"sign and date the form separate from its owner(see Limited Liability Company(LLC)on page 2), Generally,individuals(including sole proprietors)are not exempt from enter the owner's SSN(or EIN,if the owner has one) Do not enter the backup withholding Corporations are exempt from backup withholding disregarded entity's EIN If the LLC is classified as a corporation or for certain payments,such as interest and dividends partnership,enter the entity's EIN Note.If you are exempt from backup withholding,you should still Note.See the chart on page 4 for further clarification of name and TIN complete this form to avoid possible erroneous backup withholding combinations The following payees are exempt from backup withholding How to get a TIN.If you do not have a TIN,apply for one immediately To apply for an SSN,get Form SS-5,Application for a Social Security 1 An organization exempt from tax under section 501(a),any IRA,or a Card,from your local Social Security Administration office or get this custodial account under section 403(b)(7)if the account satisfies the form online at www ssa gov You may also get this form by calling requirements of section 401(f)(2), 1-800-772-1213 Use Form W-7,Application for IRS Individual Taxpayer 2 The United States or any of its agencies or instrumentalities, Identification Number,to apply for an ITIN,or Form SS-4,Application for 3 A state,the District of Columbia,a possession of the United States, Employer Identification Number,to apply for an EIN You can apply for or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www irs gov/businesses and clicking on Employer Identification Number(EIN)under Starting a 4 A foreign government or any of its political subdivisions,agencies, Business You can get Forms W-7 and SS-4 from the IRS by visiting or instrumentalities,or IRS gov or by calling 1-800-TAX-FORM(1-800-829-3676) 5 An international organization or any of its agencies or If you are asked to complete Form W-9 but do not have a TIN,write instrumentalities "Applied For"in the space for the TIN,sign and date the form,and give Other payees that may be exempt from backup withholding include it to the requester For interest and dividend payments,and certain 6 A corporation, payments made with respect to readily tradable instruments,generally 7 A foreign central bank of issue, you will have 60 days to get a TIN and give it to the requester before you g are subject to backup withholding on payments The 60-day rule does 8 A dealer in securities or commodities required to register in the not apply to other types of payments You will be subject to backup United States,the District of Columbia,or a possession of the United withholding on all such payments until you provide your TIN to the States, requester 9 A futures commission merchant registered with the Commodity Note.Entering"Applied For"means that you have already applied for a Futures Trading Commission, TIN or that you intend to apply for one soon 10 Areal estate investment trust, Caution A disregarded domestic entity that has a foreign owner must 11 An entity registered at all times during the tax year under the use the appropnate Form W-8 Investment Company Act of 1940, Part 11. Certification 12 A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U S person,or 13 A financial institution, resident alien,sign Form W-9 You may be requested to sign by the 14 A middleman known in the investment community as a nominee or withholding agent even if item 1,below,and items 4 and 5 on page 4 custodian,or indicate otherwise 15 A trust exempt from tax under section 664 or described in section For a joint account,only the person whose TIN is shown in Part 1 4947 should sign(when required) In the case of a disregarded entity,the The following chart shows types of payments that may be exempt person identified on the"Name'line must sign Exempt payees,see from backup withholding The chart applies to the exempt payees listed Exempt Payee on page 3 above, 1 through 15 Signature requirements Complete the certification as indicated in items 1 through 3,below,and items 4 and 5 on page 4 IF the payment is for... THEN the payment Is exempt 1.Interest,dividend,and barter exchange accounts opened for... before 1984 and broker accounts considered active during 1983. Interest and dividend payments All exempt payees except You must give your correct TIN,but you do not have to sign the certification for 9 2.Interest,dividend,broker,and barter exchange accounts Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during through 13 Also,C corporations 1983.You must sign the certification or backup withholding will apply If Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing patronage dividends your correct TIN to the requester,you must cross out item 2 in the certification before signing the form Payments over$600 required to be Generally,exempt payees 3.Real estate transactions.You must sign the certification You may reported and direct sales over 1 through 7 cross out item 2 of the certification $5,000' 'See Form 1099-MISC,Miscellaneous Income,and its instructions 2 However,the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding medical and health care payments,attorneys'fees,gross proceeds paid to an attorney,and payments for services paid by a federal executive agency Form W-9(Rev 1-2011) Page 4.Other payments.You must give your correct TIN,but you do not Note.If no name is circled when more than one name is listed,the have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed have previously given an incorrect TIN "Other payments"Include payments made in the course of the requester's trade or business for Secure Your Tax Records from Identity Theft rents,royalties,goods(other than bills for merchandise),medical and Identity theft occurs when someone uses your personal Information health care services(including payments to corporations),payments to such as your name,social security number(SSN),or other Identifying a nonemployee for services,payments to certain fishing boat crew Information,without your permission,to commit fraud or other crimes members and fishermen,and gross proceeds paid to attorneys An Identity thief may use your SSN to get a job or may file a tax return (including payments to corporations) using your SSN to receive a refund 5.Mortgage Interest paid by you,acquisition or abandonment of To reduce your risk secured property,cancellation of debt,qualified tuition program payments(under section 529),IRA,Coverdell ESA,Archer MSA or •Protect your SSN, HSA contributions or distributions,and pension distributions.You •Ensure your employer is protecting your SSN,and must give your correct TIN,but you do not have to sign the certification a Be careful when choosing a tax preparer If your tax records are affected by Identity theft and you receive a What Name and Number To Give the Requester notice from the IRS, respond right away to the name and phone number For this type of account Give name and SSN of: printed on the IRS notice or letter 1 Individual The individual If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet,questionable 2 Two or more Individuals Qcmt The actual owner of the account or, credit card activity or credit report,contact the IRS Identity Theft Hotline account) if combined funds,the first at 1-800-908-4490 or submit Form 14039 individual on the account' 3 Custodian account of a minor The minor' For more information,see Publication 4535,Identity Theft Prevention (Uniform Gift to Minors Act) and Victim Assistance 4 a The usual revocable savings The grantor-trustee Victims of identity theft who are experiencing economic harm or a trust(grantor is also trustee) system problem,or are seeking help in resolving tax problems that have b So-called trust account that is The actual owner' not been resolved through normal channels,may be eligible for not a legal or valid trust under Taxpayer Advocate Service(TAS)assistance You can reach TAS by state law calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 5 Sole proprietorship or disregarded The owner' 1-800-829-4059 entity owned by an Individual Protect yourself from suspicious entails or phishing schemes. 6 Grantor trust filing under Optional the grantor" Phishin is the creation and use of email and websites designed to Form 10g9 Filing Method 1 (see 9 Regulation section 1 671-4(b)(2)(i)(A)) mimic legitimate business emails and websites The most common act For this type of account Give name and EIN of is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering 7 Disregarded entity not owned by an The owner private information that will be used for identity theft individual 6 A valid trust,estate,or pension trust Legal entity' The IRS does not initiate contacts with taxpayers via emails Also,the 9 Corporation or LLC electing The corporation IRS does not request personal detailed information through email or ask corporate status on Form 8832 or taxpayers for the PIN numbers,passwords,or similar secret access Form 2553 information for their credit card,bank,or other financial accounts 10 Association,club,religious, The organization If you receive an unsolicited email claiming to be from the IRS, charitable,educational,or other forward this message to phishingQrs gov You may also report misuse tax-exempt organization of the IRS name,logo,or other IRS property to the Treasury Inspector 11 Partnership or multi-member LLC The partnership General for Tax Administration at 1-800-366-4484 You can forward 12 A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade Commission at spam@Ljce gov 13 Account with the Department of The public entity or contact them at www ftc govfidtheft or 1-877-IDTHEFT Agriculture in the name of a public (1-877-438-4338) entity(such as a state or local Visit IRS gov to learn more about identity theft and how to reduce government,school district,or your nsk prison)that receives agricultural program payments 14 Grantor trust filing under the Form The trust 1 D41 Filing Method or the Optional Form 1099 Filing Method 2(see Regulation section 1 671-4(b)(2)0i(B)) 'List first and circle the name of the person whose number you furnish If only one person on a joint account has an SSN,that person's number must be fumished P Circle the minor's name and furnish the minor's SSN You must show your Individual name and you may also enter your business or"DSA" name on the"Business name/disregarded entity"name line You may use either your SSN or EIN(if you have one),but the IRS encourages you to use your SSN 'List first and circle the name of the trust,estate,or pension trust (Do not fumsh the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title)Also see Special rules for partnerships on page 1 'Note Grantor also must provide a Form W-9 to trustee of trust Privacy Act Notice Section 6109 of the Internal Revenue Code regmres you to provide your correct TIN to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you,mortgage interest you paid,the acquisition or abandonment of secured property,the cancellation of debt,or contributions you made to an IRA,Archer VISA,or HSA The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities,states,the District of Columbia,and U S possessions for use in administering their laws The information also may be disclosed to other countries under a treaty,to federal and state agencies to enforce civil and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism You must provide your TIN whether or not you are required to file a tax return Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer Certain penalties may also apply for providing false or fraudulent information KENT NASPINGTON Agenda Item: Consent TO: City Council DATE: October 15, 2013 SUBJECT: Emergency Management Performance Grant - Accept MOTION: Authorize the Mayor to accept the 2013 Emergency Management Performance Grant from the State of Washington Military Department, Emergency Management Division, in the amount of $108,112, authorize amending the budget and authorize execution of any related documents, subject to final terms and conditions acceptable to the city attorney and emergency manager. SUMMARY: Our Emergency Management Division has received a grant in the amount of $108,112 from the Washington State Military Department and the Department of Homeland Security to supplement local budget expenditures. The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant. A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management programs to supplement their local emergency management operating budget in an effort to enhance their emergency management programs. Exhibit: Contract with State of Washington Military Department, Emergency Management Division Budget Impact: No impact, this is a pass -through grant REQUEST FOR MAYOR'S SIGNATURE �✓ KENT Please Fill in All Applicable Boxes n.sa.c*c+ Reviewed by Director Ori inator's Name: Dominic Marzano De t/Div. Emer enc M mt Extension: 4316 Date Sent: 10/16/13 Date Required: 10/21/13 Return to: Dominic Marzano CONTRACT TERMINATION DATE: 08/31/2014 VENDOR: Washington State Military DATE OF COUNCIL APPROVAL: 10/15/2013 Department - Homeland Securit ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: 2013 Emergency Management grant in the amount of $108,112. The Washington State Military Department, Emergency Management Division, receives grant monies each year from the Department of Homeland Security through the Emergency Management Performance Grant. A portion of this grant is earmarked by the State to be passed through to local jurisdictions that have emergency management Programs to supplement their local emergency management operation budget in an effort to enhance their emergency management programs. RECEIVE OCT 2 2 2013 OiL All Contracts Must Be Routed Through The Law�D4,64"F74 Qffirp of the Mayf)r (This area to be completed by the Law Department) Received: RECEIVED ' Approval of Law Dept.: OAT 212013 Law Dept. Comments: DEPT. �(�.NT LAW (N� wt U1, W Date Forwarded to Mayor: �o�zl/r (✓ Shaded Areas To Be Completed By Administration Staff. Received: OCT 2 2 2013 Recommendations and Comments: %� / ,,I CITY OF KE NT Disposition: /i`V 6/ CITY CLERK Date Returned: