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HomeMy WebLinkAboutFI15-042 - Original - City of Auburn - Federal Grant Subrecipient Monitoring Services Emergency Management Performance Grants - 02/20/2015 �IA a Records M f%KENT WASH INGr. L Document 4Vt CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: City of Auburn Vendor Number: 33240 3D Edwards Number Contract Number: F-� €`e — 0 This is assigned by City Clerk's Office Project Name: Monitoring Services - Emergency Management Performance Grants Description: ®�nterlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: I Contract Effective Date: Mutual Acceptance Termination Date: Jan 31, 2016 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Robert Goehring Department: Finance Contract Amount: $2,000 (plus additional $2,000 contingency subject to prior a roval Approval Authority., (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The City is required to perform grant monitoring activities designed to ensure grant requirements are met. The City does not have the prerequisite knowledge or expertise to perform the monitoring activities for these awards. The City of Auburn has agreed to perform these activities on behalf of the City. As of: 08/27/14 IITERLOCAL COOPERATION AGREEMENT Federal Grant Subrecipient Monitoring Services Emergency Management Performance Grants THIS INTERLOCAL AGREEMENT (the "Agreement") is entered into under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between the City of Kent, Washington ("Kent") and the City of Auburn, Washington ("Auburn"), both municipal corporations organized under the laws of the State of Washington, for the purpose of establishing a contractual relationship under which Auburn will assist Kent with satisfying the monitoring requirements of Kent's Emergency Management Performance Grants, Recitals WHEREAS, both Kent and Auburn (collectively "the Parties") are "public agencies" as defined by Chapter 39.34 RCW, and are authorized by that statute to cooperate on a basis of mutual advantage in order to provide for services and facilities; and WHEREAS, Kent desires to contract with Auburn for grant oversight responsibilities, and Auburn has agreed to assist Kent on an interim basis subject to the terms and conditions set forth herein; and WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their respective rights, obligations, costs and liabilities regarding this undertaking, NOW, THEREFORE, in consideration of the mutual benefits set forth herein, and other good and sufficient consideration the receipt and sufficiency of which are mutually acknowledged, the Parties hereby agree as follows: Terms and Conditions Section i - Authority and Purpose This Agreement is executed pursuant to Chapter 39.34 RCW as a cooperative endeavor of the Parties. The purpose of this Agreement is to establish a contractual relationship providing for the Parties' responsibilities with monitoring Kent's Emergency Management Performance Grants (hereafter "EMPGs"). This Agreement shall be reasonably construed in the furtherance of this purpose. Section 2 —Monitoring Services Auburn shall provide services for Kent subject to the provisions of this section. ILA, Kent&Auburn 1 EMPG El4-088 & El5-135 A. The services to be provided to and for Kent pursuant to this Agreement shall be provided by a City of Auburn Emergency Management Performance Grant Administrator, i.e. one or more persons who have been designated by Auburn to administer Auburn's own Emergency Management Performance Grants (hereafter "EMPG Administrator"). Said services shall include all responsibilities, tasks, duties and functions associated with subrecipient monitoring of Kent's EMPGs identified herein in accordance with applicable federal requirements, as may be requested by the Kent Finance Director or his/her designee. B. "Subrecipient monitoring services" (or "services") means: (1) The processes and procedures undertaken by a pass-through entity ({Cent) as necessary to verify that the subrecipient (Kent RFA) is complying with all applicable laws, regulations, contract or grant agreement provisions, provided that the City of Kent shall retain ultimate responsibility for ensuring compliance by its subrecipient (Kent RFA) and provided further that the City of Kent shall make all arrangements reasonably necessary to allow the EMPG Administrator to perform these services with respect to the Kent RFA, which is not a party to this Agreement; (2) The monitoring of the subrecipient's satisfaction of performance goals under the EMPGs; (3) The processes and procedures to verify that applicable audit requirements are satisfied and audit findings are reviewed for timely corrective action (State Administrative and Accounting Manual, Chapter 50.30.55). C. Auburn will perform subrecipient monitoring services with respect to Kent's EMPGs, identified as Grant Agreement Nos. E14-088, as amended, and E15- 135, which are attached as Exhibit A and Exhibit B, respectively, and incorporated by this reference. Such services shall include without limitation the following: 1. Review of performance reports; 2. Monitoring and documenting the completion of Agreement deliverables; 3. Documentation of phone calls, meetings, e-mails and correspondence; 4. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget and federal requirements; 5. Observation and documentation of Agreement related activities, such as exercises, training, funded events and equipment demonstrations; 6. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance report's, and to verify completion of deliverables; ILA, Kent&Auburn 2 EMPG E14-088 & E15-135 Further, such services shall also include issuance of separate reports to Kent for each Grant Agreement reflecting the monitoring scope, approach, conclusions and, as applicable, areas of concern noted. The monitoring reports shall be provided to Kent as follows: 1. Grant Agreement Number E14-088, as amended (Exhibit A) — March 31, 2015 2. Grant Agreement Number E15-135 (Exhibit B) - Thirty (30) days after the end of each calendar quarter effective January 1, 2015 D. In addition to any requirements set forth in applicable regulations, plans or policies, the following provisions shall apply to the EMPG Administrator's services for Kent: 1. Work Hours. For the term of this Agreement, it is estimated that the EMPG Administrator will provide up to 16 hours of services for each EMPG, for a total of 32 hours of service. The City of Auburn, Kent, and the Kent RFA will develop a mutually agreeable date for commencement of work under this Agreement by the EMPG Administrator's daily work schedule. However, the monitoring reports for each of the EMPG grant awards shall be delivered to Kent by the dates established in Section 2(C) of this Agreement. 2. Office Space. For purposes of providing services to and for Kent, the EMPG Administrator shall operate primarily from offices and facilities provided for by the City of Kent, or otherwise arranged for by the City of Kent. 3. Vehicle Use. The City of Auburn shall provide their EMPG Administrator with a vehicle and the EMPG Administrator shall maintain a valid Washington State driver's license throughout the term of this Agreement. 4. Tools and Equipment. Except as otherwise specified in this Agreement or directed by Kent, the EMPG Administrator shall utilize Auburn's tools and equipment for purposes of providing services to and for Kent. 5. Code of Conduct. The EMPG Administrator shall remain exclusively an Auburn employee at all times relevant to this Agreement and shall observe and comply fully with Auburn's Personnel Manual and all applicable Auburn employment policies. 6. Insurance. Auburn shall maintain at all times during the course of this Agreement a general liability and auto liability policy or comparable coverage with a policy limit of no less than $5,000,000.00. ILA, Kent&Auburn 3 EMPG E14-088 & E15-135 Section 3 - Costs and Payment The services provided to Kent by the EMPG Administrator shall be compensated at the rates and in the manner set forth in this section. A. Fee per agreement term. Kent shall compensate Auburn for services for an amount not to exceed $1,000.00 for each of the two EMPG awards covered by this Agreement (Exhibit A and Exhibit B, attached hereto), for a total of $2,000.00. This maximum fee shall be comprised of payment of Auburn's costs associated with; wages and benefits, travel expenses and all other costs incurred by Auburn with respect to providing services under this Agreement. By written agreement of the Parties' administrators of this agreement, this maximum fee may be increased to up to $2,000,00 for each of the EMPG awards, for a maximum total of $4,000.00. B. Invoice and Payment Procedure. Auburn shall submit a written invoice to Kent for the cost of the services provided pursuant to this Agreement after the related monitoring report for each Grant Agreement has been provided to Kent. Each invoice shall detail the services provided and expenses incurred. Kent shall remit appropriate payment to Auburn within 30 days of receiving such invoice. Section 4 - Term This Agreement shall be effective upon mutual execution by the Parties, and shall remain in effect until January 31, 2016 unless terminated earlier in accordance with Section 5. The Parties may at their option renew this Agreement for a mutually agreed upon term by a writing signed by both Parties. Section 5 - Termination Either Party may terminate this Agreement with or without cause by providing the other Party with thirty (30) days written notice of its intent to terminate. Kent shall remit timely payment for all satisfactory services rendered by the EMPG Administrator prior to the effective date of any termination. - I Section 6 - Administration: No Separate Fntity Created The Auburn Director of Administration and the Kent Finance Director shall serve as Administrators of this Agreement. No separate legal entity is formed hereby. Section 7 - Property Acquisition, Retention and Disposition No joint acquisition of real or personal property is contemplated by this Agreement. Except as provided in this section, any other real or personal property acquired by a Party shall remain within the sole and exclusive ownership of that Party following the termination or expiration of this Agreement. ILA, Kent&Auburn 4 EMPG E14-088 & E15-135 i I Section 8 - Indemnification The City of Kent shall defend, indemnify and hold the City of Auburn, its officers, officials, employees and volunteers harmless from and against any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City of Kent in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City of Auburn. It is further specifically and expressly understood that the indemnification provided herein constitutes the City of Kent's waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration, invalidation or termination of this Agreement, or of any of its provisions. The City of Auburn shall defend, indemnify and hold the City of Kent, its officers, officials, employees and volunteers harmless from and against any and all claims, l injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City of Auburn in performing services for Kent under this Agreement, except for injuries and damages caused by the sole negligence of the City of Kent. Section 9 - Governing Law and Venue This Agreement shall be governed by the laws of the State of Washington. The venue for any action arising out of this Agreement shall be the Superior Court for King County, Washington. Section to - No Employment Relationship Created The Parties agree that nothing in this Agreement shall be construed as creating an employment relationship between Auburn and any employee, agent, representative or contractor of Kent, or between Kent and any employee, agent, representative or contractor of Auburn. Section 11 - Notices Notices to Kent shall be sent to the following address: Finance Director City of Kent 220 Fourth Avenue South Kent, WA 98032 ILA, Kent &Auburn 5 EMPG E14-088 & E15-135 Notices to Auburn shall be sent to the following address: Michael Hursh, Director of Administration City of Auburn 25 West Main Street Auburn, WA 98001 Section 12 - Duty to File Agreement With County Auditor Prior to this Agreement's entry into force, Auburn shall, pursuant to RCW 39.34.040, (1) file this Agreement with the King County Auditor's Office, or (2) list this Agreement by subject on Auburn's internet web site. Section 13 - Integration: Prior Avreement(s): Conflict Waiver This document, together with any exhibits thereto, constitutes the entire embodiment of the contract between the Parties, and, unless modified in writing by an amendment signed by the Parties hereto, shall be implemented exclusively as described above. All oral agreements and understandings between the Parties related to the subject matter hereof shall be deemed superseded by this Agreement and shall hereafter be null and void. Section 14 - No "third-Party Beneficiary Created This Agreement is executed for the sole and exclusive benefit of the signatory Parties. Nothing in this Agreement, whether expressed or implied, is intended to confer any right, remedy or other entitlement upon any person other than the Parties hereto, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party, nor shall any provision herein give any third party any right of action against any party hereto. Section 15 — Sionatory Warranty Each signatory hereto warrants and represents that he/she has been authorized to execute this Agreement by appropriate action of the legislative body of his/her respective city. Section 16 — Execution in Countertsarts This Agreement may be executed in separate counterparts and all executed counterparts shall constitute one agreement, binding on the parties, even though all of the parties are not signatories to the same counterpart. This Agreement shall not be binding unless and until all parties have executed the Agreement. ILA, Kent&Auburn 6 EMPG E14-088 & E15-135 i Section 17 — Regulatory Authority Reserved Nothing herein shall be construed as waiving, limiting or otherwise abridging in any manner regulatory authority of either party, which Kent and Auburn hereby expressly reserve in full. EXECUTED this ZL-day of 2015 CITY OF AUBURN- CITY OF KENT: Rican in-blue or black ink only Print Name:. ncv Backus '� Print Na�e: }Suzette Cooke � ' .. Title: Mayor Title:..- Mayor I DATE: rEB 19 2015 DATE: t APPROVED AS TO FORM: APPROVED AS TO FORM: Auburn Law Department Kent Law Department ILA, Kent &Auburn 7 EMPG E14-088 & E15-135 I I EXHIBIT A INTERLOCAL AGREEMENT Grant Agreement and Amendment EMPG Grant Agreement Number E14-088 ILA, Kent &Auburn EMPG Monitoring I I 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 E14-080 Kent,WA 9803DA939 _ 4. Sub-grantee Contact,phonefemall: S. Grant Agreement Stad Data: 6. Grant Agreement End Date: Jennifer Kelaar,253.856.4342 June 1,2013 August 31, 2014 JDKelzer kentwa, ov 7. Department Program Manager,phonelemoil: 8. Data Universal Numbering System(DLINS): 9. UBI#(stale revenue):_ Sierra Wardell,263 692-7121 020253613 173.00M2 slerra.waedell mii.wa. ov 10. Funding Authority. — -- Washington State Millta Department the"DEPARTMENT')and the U.S.Department of Homeland Sacurt OHS 11. Funding Source Agreement#. 92. Program Index# & OBJISUB•Od 1 93. CFDA#&T1Hei 11. `RN EMW.2013-EP-00060-S01 733PT NZ 1 97.042 EMPG 91-60012154 15. Service Districts: _ - - 16. Service Area by County(ies): 17. WcmenlMinont9-Owned,State (BY LEGISLATIVE DISTRICT): 33,47,11 King County CerOfied?: X NSA ❑ NO eY CONGRESSIONAL DISTRIC 8,9 [IYES,OMWBE#______ 18, Agreement Classification _ 19- Cankact Type(check all that apply), ❑ Personal Services ❑ Client Services X PubliclLoeal 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' ❑ Ccmpelitive Bidding ❑ Private Organizatlon/ind(vidual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdlction ❑ Non-Profit ❑ Filed W10FM? ❑ Advertised? ❑YES ❑NO ❑ VENDOR X SUBRECIPIENT ❑ 01-HER 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 AX General Terms and Condlfions (Exhibit S);Work Plan (Exhibit C); Milestone Timeline(Exhibit D); Budget(Exhibit E); and all other damments, exhibits and attachments expressly referenced and Incorporated herein contain all the terms and conditions agreed upon by the parties and govern Hie rights and obligations of the parties to this Grant Agreement No other understandings,oral or otherwise,regarding the subject matter of this Grant Artrearment shall be deemed to exist or to bind arro of the parties hereto. ____sue. In the event of an inconsistency In this Grant Agreement,unless olhorw.4so provided herein,the inconsistency shall be r000lvod by giving li precedence in the Following order. 1. Applicable Federal and State Statutos and Regulations 2. Work Plan 3. Special Terms and Conditions 4, General Terms and Conditions,and, 6. Other proviolans of the grant agreement Incorpnratcad b reference - _ WH EAS,the parties he ave executed this Grant Agreement on the nd year t diked below. FO T DEP T � 1)!d F A CAN Signature Dale Yaljj Date Dan Swisher,Chief Financial Officer Bka,Mayor Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Signature Date Jim Schneider,Fire Chief Brian E. Buchholz(signature on file) 9116/2013 Assistant Attorney General 4APED 0 a pfJblo);l nt's egal , aw ateFor,10127100 We DHS-FEMA-EMPG•FFY 13 Page 1 of 32 City of Kent OEM E14.008 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE 1 --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 G.anf Stum h Title EMSpecialist Title Program Coordinator E-Mail JDKeizer@kentwa.gov E-Mail 9aiy.stumphflLpILwa.Sov Phone 253-856-4342 Phone 253-512-7483 Name Jim Schnelder Name Olivia Hollovwva Title Fire Chief Title Pro ram Coordinator E-Mail Jschneider@kentlirerfa.org E-Mai) I olivia.hollovawa mil.wa. ov Phone 263-856-4311 Phone 253-512-7149 Name Sierra Wardell Title Pro ram Manager E-Mail sterra.wardell mil.wa. ov Phone 253-512-7129 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, Cast 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—REIMBURSEMENTtINVOICING PROCEDURES 1. This is a fixed price, reimbursement Grant Agreement. Within the total Grant Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Grant Agreement. Any travel or subsistence reimbursement allowed under the Grant Agreement shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at htto;//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.Reimbursementsamil.wa.00v 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 i 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 far payment If the Sub-grantee is not current with all reporting requirements contained In this Agreement OHS•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 Departments 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 1 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 terns 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-granteelsub-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. S. 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-PFY 13 Page 4 of 32 City of Kent OEM E14-080 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 VIl—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 Vill—SIJB-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-Prord 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 E 14-088 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 OHM 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, 18 235, 18 240, IS 241, IS 242, and 1S 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 at 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.0 §§1681 at seq.), which prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.0 §794), which prohibits discrimination on the basis of disability; (e) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101 at seq.), which prohibits discrimination on the basis of age; (f) the Fair Housing Amendments Act of 1988, as amended (42 U.S.C. §§3601 at 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 at 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 DHSaFEMA-EMPG-FFY 13 Page 7 of 32 City of Kent OEM E14-flS0 � (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.C. §701 et serf., 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). 1. 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 U138942, 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 andfor 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 (Pit), the Sub-grantee must have a publically-available policy that describes what PII is collected, how the Pit is used, whether the Pit is shared with third parties, and how individuals may have their Pit 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 i 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. "WAG'—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 AUD N_-TS,, Non-federal entities, as subrecipients of a federal award, that expend $600,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-speck 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://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 E14-086 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 GAGAS, 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 Dopy 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 01 TA-20 Camp Murray, WA 95430-6032 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 41 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 E14.060 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 AMERIQ6NS 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. Al 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 $26,000, 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{hflolhvww.sam.oavi maintained by the federal government. The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington Slate Department of Labor and industries' "Debarred Contractor List' (iittp8 lni.wa.govfrradeslJowi-rgiPeeV e/AwardinoAgendesDelsredContractor:l. A.8 GERTIEIGATION REGARDING RESTRICTIONS ON LOBRYfNG 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 E14-038 i r - I 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 Farm-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. A.10 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), Stale 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. bHS-FEMA-EMPG-FFY 13 Page 12 of 32 City of Kent OEM E 14.ON i 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 sale 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 20E.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 OFAUTHORITY—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(tent GEM E14.080 i 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. AA5 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.15 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 SAFETYIFIEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT fQSHAM/ISHA) 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 GFR 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 project(s) for a period of at least six (B) 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 WORKANORK 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 attorney,' 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(i): 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). I DHS-FEMA-EMPG-FFY 13 Page 16 of 32 City of Kent GEM E14-MB I 4. Compliance with the Copeland "Anti-Kickback"Act(18 U.S.C. 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 16). (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 OHS-FEMA-EMPG+FY 13 page 17 of 32 City of Kent OEM , E14-038 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 failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Grant Agreement in whole or In part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure, The DEPARTMENT Is not required to allow the SUBGRANTEE an opportunity to cure If it is not feasible as determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB- GRANTEE: in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days 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. OHS-FEMA-EMPG-FFY 13 Page 18 of 32 City of Kent OEM E14-088 I The DEPARTMENT reserves the tight 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 dale 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, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (III) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this 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 he 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-Fry 13 Page 19 of 32 City of Kent OEM E1d-080 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.36 UTILIZATION OF MINORITY AND WOMEN f3tJSINESS ENTERPRISES (MWB The SUB-GRANTEE Is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved In advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington, The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. i i DWS-FEMA-EMPO-FFY 13 Page 20 of 32 City of Kent OEM E14.088 Exhibit C FFY13 Emergency Management Performance Grant WORK PLAN Emergency Management Agency I 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. ACMITY 1 Emergency Management Activity: Participate in NAWAS tests and exercises Core Capability Operational Communications Public Information and Waming 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 Paint. 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. 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 !, E14.888 5 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. 0 Emergency management Activity: NIMS requirements Gore 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 Gore Capability Community Resilience Public Information and Warning General PBaf1 for 13EMPG: Conduct public disaster/emergency preparedness education programs for the citizens and businesses in the community and schools. 10 Emergency Management Activity: — City Wide Radios Gore 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). OHS-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. DNS-FEMA-EMPG-FFy 13 Page 23 of 32 City of Kent OEM F_14-DOO ti 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. 1tf Emergency management Activity: Mass Care Core Capability Mass Care Services _r Planning _ General Plan for 13EMPO: - — Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in seminars and exercises. 16 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 Fie 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-EMPO-FFY 13 Page 24 at 32 City of Kent OEM E14-088 22 Emergency Management Activity: Zone Coordination Core Capability Planning Operational Coordination General Plan for 13EMPG: Meet with South King County geographic`Lone 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. i 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 CRy of Kent OEM E14-088 29 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 if'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 Prepared nesslRecovery. 31 Emergency Management Activity: Annual Statewide Exercise Core Capability Community Resilience Planning General Plan for 13EMPG: Participate in the Great Shal<eOut 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: j 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. DH6•FEMA-EMPG-FFY 13 Page 26 of 32 City of Kent OEM E14-06n Exhibit D MILESTONE TIMELINE FF`P,13 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2013 Start of Grant Agreement performance period. January 31, 2014 Submit reimbursement request 01 (June '1 —December 31,2013) April 30, 2014 Submit reimbursement request 02 (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. I I I DHS-FEMA-EMPG-FFY 13 Page 27 of 32 City of Kent OEM E14-088 I Exhibit E budge@ Sheet EFY73 Emergency Management Performance Grant Program The award is based on the allocation factor of 17.32% of 13EMPG Allocation Facter 17.32% the approved localltribal emergency management 13EMPG GRANT AWARD AMOUNT operating budgets. SOLUTION AREA BUDGETCATEGORY AMOUNT NARRATIVE Ly � Planning,printing,software for Hatroat,COOP and I.EPc _Goods&Services $ 6,000 planning. Travel/Per Diem $ Indirect _ Subtotal $ _ ,6,000 Salaries&Benefits p Overt!me/eacknH Consultants/Contractors EM Office Supplies,materials,instructional support for day Goode&Services $ _ 3G,500 to day operations,IT,copier usage,phones,uniforms ® Subtotal $ 36,S00 Tools/Minor Equipment&Furniture for OEM Office,ECC, Equipment _. $ 36000 DO_C'S&Amatuer Radio Group Indirect $ Subtotal $ 36,000 — W Supplies,Materials,Instructional Support for OEM j $ _ _ _ Goods 4,OOD Tralnin® a Travel/Conferences/Registration/Per Dlem/fraining. Travel/Per Diem _ 2D,00D Examples are WSEMA,IAEM,EMI,PIEP,&LEPC Subtotal $ 24,000 Supplies,Materials,Instructional Support for OEM 3 Goods &Services $ 5,612 exercises. Indirect - Li5ubtom! TOTAL Grant Agreement Contract _- .-' AMOUNT: $ YOB,it2 City of Kent-Office of Emergency Management(OEM)will provide a match of$108,112, 50% of the total project cost (localltribal budget plus EMPG award), of non-federal origin. © Cumulative ohanges 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. Funding Source: U.S. Department of Homeland Security-PIrY 733PT—EMPG DHS-FEMA-EMPG-FFY 13 Page 28 of 32 City of Kent OEM E14-088 it I ATTACHMENT41 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 re aired by the Military Department to be familiar with the FFATA requirements and complete this Wod<sheet 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 109-292 as amended by section 6202(a) of Public Law 110-252 (see 01 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 awarder, 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) (hftp://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 orm E14-068 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 60 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 $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization in the table below, i i Dl1S-FEMA-EMPG-FFY 13 Pago 30 of 32 City of Kent OEM E14-088 eft RKSHEET Subrecipient Agency: Clbj 04 Ken+ , C)E Grant and Year: FEMPG Agreement Number: E d q®® Completedby: je er• Kej ev" tit, ca 05 W434a Name Title Telephone Date Completed; t `�?„„� ., w <t 4 a it of rt- ""�° a„ -r "M " i "e„� sus. rx-s*.rc: e „i..v.i .> .>.e" .. to ,i ten.. ., t...�.- ��.�'. '$ra,�.t:3st ei�..r�..x1 �+ � YES v Is your grant agreement less than$25,0007 t STOP no further analysis � GO to Step 2 (� needed GO to Step s NO r r In your preceding fiscal year, did your YESF STOP,no further organization receive 00%or more of its annual I— t GO to STEP 3 analysis needed, GO gross revenues from federal funding? , NO ' to Step s In your preceding fiscal year,did your YES STOP,no further organization receive$26,000,000 or more in r t GO to STEP 4 f`t analysis needed, GO federal funding? , NO ' to Step s c p s'=_v,> Does Ph®public have access io Information about ' YES STOP, na fudh®r analysis t the foist eampensaGon°of senior executives rn 1 Headed, GO to step 6 NO r , GO to STEP 5 your organizat on? Executive#1 Name: m _ - . Tola1 Compensation amount: $ � � �� Executive#2 Name: Total Compensation amount: $ Executive#3 Name; Total Compensaton amount. $ Executive#4 Name: Total Compensation amount $ Executive#5 Total Com ensation amount: $ 1<� lit � K&'14'-L'� �`St�' i fi ^`- hfr zy['4" 14avu�.ti If your organization does not meet these criteria, specifically Identify below each criteria that is not met for your organization: For Example:"Our oroanizaton raaafvad lass th n 25,000. Stgnaturo: _ r w Date: 21 NO Total compensati refers to: e Salary and bonuses ® Awards of stock, stock options, and stock appreciation rights Other compensation Including, but not limited to,severance and termination payments j ® Life Insurance value paid on behalf of the employee Additional Resources: hqo:U wm whitehouse acvL mbloaen hUjq l/w My hrsa povlgrantslffata htmi hl�:�wwnv.gpo aoulfdsys/okri/FR-20'10.09-141adfIZO`I0-22705 odf httR7//www.gr@Qj5 DHS-FEMA-EMPG-FFY 13 Page 31 of32 City of Kent OEM E14.Of7p ATTACHMENT#2 OMB Circular A-133 Audit Certification Form Audits of States, Local Governments, and Non-Profit Organizations Contact information Subrocipient(Sub-Grantee) Name(Agency,LscalGovernment,ororganization): Authorized Financial Official: Address: , i e tjI -. tj tit kd-:!3 Email: ` i; y-Oc keriFWA, iJ Phone#: , 3 - 51v-CS a(PC) Purpose: As a pass-Ihroug agency of federal grant funds,the Washington Mililary Depadment/Emergency Management Division (WMD/EMD) Is required by Office of Management and Budget(OMB) Circular A-133 to monitor activities of subrecipionts to cnson3 federal awards are used for authorized purposes and ensure that subredpients expending$500,001)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 A 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 of hffpYAvrwe.whltehou5s crov� lslfasldala�fl os/omb/a�s e_� la s!et33/ '.. a133 my4gd_ZQor?ndr,and it should be consulted when completing this form. '... Directions: As required by OMB Circular A-133, non-federal entitles 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 /s no subject to A-133 requirements, you must complete section A of this Form. If your entity /s 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 Farm may result In delay of grant agreement processing,withholding of federal awards or disallowance of costs,and suspension or termination of federal awards. SECY ®N A: FnfltPas tVt)7 sub oct fo the auddt,ro ulramerrfs of aaME CdreuJarA-i33 Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply); E We did net 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 stale agencies and their designees,and that WMD/EMD may request and be provided access to additional informalion and/or documentation to ensure proper stewardship of federal funds. SECT/01V S. Entitles that ARE subPectto the eaauiraanonfs of p?9Et 0iacuPaYs4-?33 (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 WMDlEMD 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:hup:/nvww:--SgJD W , (AN J614d;+r Or au�la�reprf-P'f leg /ar-101059.1, C) We completed our last A-133 Audll on tenter 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 eitherenclosed or available online at: iiltp://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 11 will W available online at: hhp:7/www. I hereby cartlfy that t am an individual authorized by the above identified entity to complete this form. Further, I certify that the above Information Is true and correct and all relevant material findings contained In audit report/statemant have been disclosed.Additionally,I understand this Form is to he submitted govery fiscal year for which this entity is a subrecipient of federal grant funds from MIUBMD until the grant agre losed. / Signature of Authorized Financial Official: _ "" _ Bate: O 1 J Print Name &'title: /L��t Ftfr3f&dl. teyr�8*^' �] L,oJi WMD Fort 100943,W1012013 DHS-FEMA-EMPG-FFY 13 Page 32 of 32 City of Kent OEM E14-OBB I SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-6122 _ Please road instructions on reverse side before cam ileting this form. NAME OF ORGAN17-ATION� DATE SUBMITTED City of Kent- OEM PROJECT DESCRIPTION CONTRACT NUMBER Emergency Management Performance Grant C'14 08S 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLEII-ERM OF OFFICE 1 Suzette Cooke Mayor Jim Schneider Fire Chief 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Suzette Cooke Mayor _. Jim Schneider Fire Chief I 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE i JenniferKeizer EMSpecialist \ Dominic Marzano Division Chief MA -WOUVHOMILU AREN I-A SIGNAUTH Revised 3103 li Washington Mate Military Department AMENDMENT 1. SU13-GRANTEE NAMEIADDRESS: 2. GRANT AGREEMENT NUMBER: 3, AMENDMENT NUMBER: City of Kent-OEM E14.088 A 24611 116th Avenue SE Kent,WA 98030.4939 _ 4. SUB-GRANTEE CONTACT,PHONE/EMAIL: 5. DEPARTMENT CONTACT,PHONE/EMAIL: Jennifer Kelzer,253.856.4342 Gary Stumph,253-512.7483 19ke1zer@L ontwaxiov GarV.StumohC rnlI,wa.uov 6. TIN.orSSN: 7.,CATALOGOF FEDERAL DOMESTIC 8, FUNDING SOURCE NAMEIAGREEMENT#; 991-6001254 ASST.(CFDA)#: 97.042 EMPG FMW-2013-EP-00050-S01 9. FUNDING AUTHORITY: Washington State Military Department(Department)and Department of Homeland Security(DHS) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT: The Sufi-grantee requests modifications to the Welk Plan, budget, and Timeline due to the addition of Activity #35, Communications Equipment. Cast savings were realized in exercise, training, and organization and are being reallocated to purchase the equipment for Activity t135. There is no Impact to the other approved activities. The Budget has been modified to support the changes.The agreement end date is extended to allow time for the completion of the additional project. 11. AMENDMENT TERMS AND'CONDITIONS: 1. Change the overall agreement end date from August 31, 2014 to September 30, 20,14, 2. The overall grant agreement amount of$108,112 remains unchanged. 3. Replace the original Work Plan, Exhibit C with the Devised Work Plan, Exhibit C, attached. 4. Replace original Timeline, Exhibit D with the Revised Timeline, Exhibit D,attached. 5. Replace the original Budget, Exhibit E with the Revised Budget, Exhibit C; attached. This Amendment is incorporated in and made a part of the Grant Agreement Except as amended herein, all other terms and conditions of the Grant Agreement remain in full form and effect. Any reference In the original Grant Agreement or an Amendment to the"Grant Agreement"shall mean"Grant Agreement as amended". The Department and Sub-grantee acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below. By sl2ning this Amendment,the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF,the parties have executed this Amendment: FOR THE DEPARTMENT: HE SUB- r Eh: _ Signature ' Date Signature pate Suzette Cooke oI Richard A Woodruff, Contracts Administrator Mayor Washington State Military Department BOILERPLATE APPROVED AS TO FORM Signature Pa e Jim Schneider Brian E. Buchholz (signature on file) 9P16f2013 Fite Chief Assistant Attorney General APR R(3E AS Tf� OBM �F Iv le /Cpplican s Letftevtow Dath Form Dote:10/27110i-4g - �m�- DHS-FEMA-EMPG-FFY 13 Page 1 of 10 City of Kent El4-088,Amendment A Exhibit C FFY13 Emergency Management Performance Grant REVISED WORK PLAN Emergency Management Agency I 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 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 (SITRF_PS) as needed. DHS-FEMA-EMPG-FFY 13 Page 2 of 10 City of Kent E 14.088,Amendment A it 5 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. 0 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/ 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 3 of 10 City of Kent E14-088,Amendment A i I I I 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 u 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 (I-EPC). Act as LEPC representative to the King County EMAC. 16 Emergency Management Activity: Citizen Corps Council Care Capability Planning Community Resilience DIIS-FEMA-EMPG-FFY 13 Page 4 of 10 City of Kent E14-088,Amendment A 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: j 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 WorlEgroup 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 22 Emergency Management Activity: Zone Coordination Core Capability Planning Operational Coordination _ General Plan for 13EMPG: DHS-FEMA-EMPG-FFY 13 Page 5 of 10 City of Kent E14-088,Amendment A 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: FCC 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: FCC 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. 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. i bHS-FEMA-EMPG-FFY 13 Page 6 of 10 City of Kent E14-088,Amendment A i i 29 Emergency Management Activity: Tier II Reporting Core Capability Threat and Hazard Identification Planning General Plan for 13EMPG: Receive, Review, and Document Tier II's from FlazMat 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 volunteerteam 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 _ T 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. 35 Emergency IVtanagement��c#rvrty Y KenfCommunication Support Tepmr , mergency Communications e:quipmenf Core Gapabr9iy Operational Communications Cntical Transportation General Plan for 13EI PG DHS-FEMA-EMPG-FFY 13 Page 7 of 10 City of Kent E14-N8,Amendment A Equipment for Kent Comrriunication Support team such asRadia's Antennas and Wts a,"s welLas egwprrient�for cargo van forKent Communication Support Team Equipment will be used for emer'gencyxcommunicatlonsond will serve as a.mobde cache of emergency communications gear:' The'portable kitswill be used to deploy radio'antennas as needed during cotnmunicatlors outage_"s it DHS-FEMA-EMPG-FFY 13 Page 8 of 10 City of Kent EU-088,Amendment A 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) September 30, 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 9 of 10 City of Kent El4-088,Amendment A Exhibit E REVISED BUDGET SHEET FFY13 Emergency Management Performance Grant Program 13EMPG GRANT AWARD AMOUNT $ 108,11ZOO Additional Funds Amended 13EMPG GRANT AWARD AMOUNT $ 108,112.tl0 sotunory AREA BUDGETCATEGORY OrlginalAmount Modification Amended Amount Narrative LP PI a nni nG,printing software for Hezmat, Goods&Servl ces $ 6,000 $ (4000) $ 2000 COOP and LEPC lannin . Travel/Per Diem g Indirect - Subtotal $ 6,000 $ (4,000) $ 2,000 EM Office Supplies,materials,support for day to day operations,IT,copier ac lease,pkanes,org rma Goods&Services _ $ 36 500A0 $ (22,888) $ 13,612 _Subtotal_ Subtotal $ 36,500 $ (22,888) $ 13,612 Tools/Minor Equipment&Furniture for OEM Office,ECC,DOC's&Amatuer n. Radio Group radios/antennas/far F E ul pment $ 36,000.60 $ 50,000 $ 86,000 vehicleandofflce w Indirect Subtotal $ 36,000 $ 50,000 $ 86,000 Consultants/Contractors $ $ $ _ �� �I Supplies,Materials,Instructional LO Goods&Services $ 4,000 $ (3,500) 500 Supportfor OEM Trainings ? Travel/Conferences/Registration/Per e� Oiem/Training. Examples are WSEMA, ~ Travel/Per More $ 20,000 $ (14,000) $ 6000 I.A€A4rEMi'PIEP,&LEPC Indirect $ $ $ Subtotal $ 24000 $ (17,500) $ 6,500 Salaries&oeneflts $ $ $ Le _ ems--.^.... �+astraxtianal Go Suppa.t'�^,.a.Aexersises. T Goods&Services $ 5,612 $ [5,612) S - "'ivvvy777 Travel/Per Olem $ $ $ Indirect $ $ $ subtotal $ 5,612 $ (51612) $ TOTAL Grant Agreement Contract AMOUNT. $ 108,212 $ $ 108,112 e City of Kent will provide a match of$96,967 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 Iocalltribal 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. Funding Source: U.S. Department of Homeland Sealrity- Pi#733PT—EMPG DHS-FEMA-EMPG-FFY 13 Page 10 of 10 City of Kent E14-088,AmendmontA EXHIBIT B INTERLOGAL AGREEMENT Grant Agreement EMPG Grant Agreement Number Eby-135 it ILA, Kent &Auburn EMPG Monitoring I i i .Washington State Military Departmant HOMELAND SECURITY GRANT AGREEMENT PACE SHEET 1. Sub-gre an ntseName dAddmss: _a 2. Grant AgrcomentAmaunt 3;GrantAgrcementNumber, City of Kent,OEM 24611 116th Avenue SE $93,626 E15-136 Kent,WA 90D3ti-4939. G 4. Subgrantea.Contact,phanefemall: 6. rentAgr®ementStadDole: S. GmntAgreement End Date: f j Jennifer Kelzer,263.8604242 June 1,2014 August 31,2010 JDKeize ci,kent.wa.ua I 7, Department Program Manager,phonelemsll: S, pate Universal Numbering System(OUNSy 0, U61#(state navenue): Kristin Ramos,(263)612.7D83 020263613 173.00D-002 krlsdn.rsmos�mll.wa,gov 10, Funding Authority: Woahin ton state Military Do arunauR the°DEPARTMENT" and the U.S.Department of Homeland SE22 DHS 11, Funding Source Agreement if: 1 112. Program 10I & OWISUB-OJ 73, CFDA#&71tie; 14. TIN; EMW-2014-RP-90033•S01 743E T IN 91 EMPG{14) D1.6OD1264 16. Service Dlsdo m 16. Servics Area by County(laa); 17, WamenlMinori owned,Stela (BY LEGISLATIVE DISTRICT);33,47 Cedlfled?: X NIA ❑ NO (BY CONGRESSIONAL DISTRICT):B,9.11 19119 1 ❑ YES,OMWBE# 18, AgreementClosslflca?Ian I lu, Conkaot Type(onedt ell that apply):' CI personal Servlods ❑ Client Services X Pubin/Local Gov't ❑ Contract X Grant X Agreement © Coliaboradvo Research C7 AJE ❑ OthsI CI Intargnvammenteil (RCW 39.34) ❑ Interagency a Su Gmntee Selection Praaeee: 21. SulNGmnlea Type(chook e0 list apply) X "To all Who apply&qunllV ❑ Compefluve Bidding ❑ Private OrgeNzafionilndlvidual ❑ Fowpr nt ❑ Sole Souce ❑ k RCW. CI NiA X Public OrganizaticnMudedlC60n 0 Nan-Profit ❑ FilodwlOFM? ❑ Advertised? DYES LINO ❑ VENDOR X SUBREOIPIENT ❑ OTHER 22, PURPOSE: PI de I't Maps rfinentof Homeland SscuriRy(DHS}IFadanl Emergency Management Agency (FEMA)Emergency Management Performance Grant(EMPG)funds to local Jupisdlcuons and tribes with emergency mama omens programs to sustain and enhance those pLognuma as dascribed In the Work plan, IN WITNESS WHEREOF,the Daparknent snu Sub-Gmnlse aalmowiedge and accept the terms of this Grant Agreement, Including all referenced Exhibits and Attachments which are hereby Incorporated In andmade a pad hereof,and have exaculed this GrantAgreament as of the data and year written below. This Grant Agreement Face Shaet;Spaded Temte&Conditions(Exhibit A); General Termo and Conditions(Extllblt E);Work Plan(WI61t 0);Wasters Tlmallne(EAlblt DI Budget(Exhibit E)i and oil other documents,exhibits and j attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the panles and govern the rights and obligations ofthe partiao to this Grant Agreement. No other understandlogs,oral orothenvlso,regordino the oubjectmotter of this Grant A.reomentehallbsdes 161101xistortobindac of the oodleahereto In the event of on Inconsistency in this Grant Agreement,unless omerwiso provided heraln,file inconsistency shall be resolved by giving precedence in the following order, 11 Applicable Federal and State Statutes and Regulations 2, Work Plan a, Special Torms find Condlnans 4. General Tows and Candidate,and, D. Other prwietana of the granRa rcemont Orcor oratetlb r nee. WHEREAS,the parties hereto have executed this Grant Agree a on to a and las -pacified below. FOR HED PARTMEIJT: a �ORT PLICA Oh yE-E / 6 store a SI to eta Richard A.Woodruff,Contracts Administrator etto cake,Mayor Washington State Military Department BOILERPLATE APPROVED AS TO FORM; Signature °6 Date Brien E.Buchholz (signature an file)8-27.2014 Jim Schneider,Fire Chief Aonlelant Attorney General i +VEIDTO FORM((fopplicablo): Form9 ga db — 1 Review OntoBHS.FEMA•EMPG•FFY 14 City of Ksnt OEM,E•16.133 i 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 P Jim Schneider Name Gar Stum h Fire Chief Title Program Coordinator 'schneider@kentwa.gov E-Mail gary.stumph mil.wa.gov 253.866-4311 Phone 253-512-7483 JenniferKeizer Name Kristin RamosEM Specialist Title Program Manager JDKeizer@cl.kent.wa.us E-Mail krfstin.ramos mil.wa.gov Phone 263-866-4342 Phone 263-612-7083 Name Dominic Marzano Name Dalton.gat-nboa@mil.wa.gov Title Division Chief Title Program Assistant E-Mail dmarzano@kentwa.gov E-Mail Dalton.gamboa@mil.wa.gov Phone 253.856-4316 Phone 253.612.7044 ARTICLE II. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS The Sub-grantee shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the FY 2014 EMPG Program, Including, but not limited to, all criteria, restrictions and requirements of the "Department of Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management Performance Grant" document published by FEMA, the DHS Award Announcement Letter for Grant No. EMW-2014-00033, and the federal regulations commonly applicable to DHS/FEMA grants, which are incorporated herein by reference. The Sub-grantee acknowledges that since this 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 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 in a particular amount. A. STATE AND FEDERAL. REQUIREMENTS FOR DHSlFEMA PREPAREDNESS GRANTS: The following requirements, which must be met prior to reimbursement, apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. REIMBURSEMENT& BUDGET REQUIREMENTS a. This Is a fixed price, reimbursement Grant Agreement. Within the total Agreement amount, travel, sub-contracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. DHS-FEMA-EMPG-FFY 14 Page 2 of 38 City of Kent OEM,E15-135 i b. Any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43,03.060 and RCW 43.03.060 as now existing or amended, but shall not exceed federal maximum rates set forth at hftp://www.gsa.gov without prior written approval by Department key personnel. c. Receipts and/or backup documentation for any approved budget line items that are authorized under this Agreement must be maintained by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors. d. 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@mil.wa.gov no later than the clue dates listed within the Milestone Timeline (Exhibit D), but not more frequently than monthly. e. Any request for extension of a due date will be treated as a request for Amendment of the Agreement and must be submitted to the Department's Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. f. 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, except as otherwise authorized by written amendment of the Agreement unless written approval Is Issued from the Department as permitted by amendment. g. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Agreement Amount. h. 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. I. 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". j, 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) 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. K Final reimbursement requests will not be approved for payment if the Sub-grantee is not current with all reporting requirements contained in this Agreement, I. Cumulative changes to budget categories in excess of 10% of the Agreement amount will not be reimbursed without prior written NHS-FEMA-EMPG-FFY 14 Page 3 of 38 Cily of Kent OEM, E15-135 !� authorization from the Department. In no case shall the total budget amount exceed the Agreement amount. Budget categories are as specified or defined on the Budget Sheet Exhibit E of the Agreement. Any changes to budget categories other than in compliance with this paragraph will not be reimbursed. M. The Sub-grantee is to ensure that Federal funds received under this Agreement do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. The EMPG Program prohibits supplanting, and the Sub-grantee may be required to demonstrate and document that a reduction In non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 2. REPORTING REQUIREMENTS a. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which reimbursement is sought in the format provided by the Department. b. 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 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, the Sub-grantee will submit a final report with its final reimbursement request to the Department detailing progress on all activities listed In the Work Plan. c, In conjunction with the final report, the Sub-grantee shall submit a separate report detailing how the EMPG Exercise and Training requirements were met for all personnel funded in any part through any source of funding under this Agreement. d. The Sub-grantee shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-262 (see 31 U.S.C. 6101 note) and complete and return to the Department Attachment 01 attached to and made a part of this Agreement. e. The Sub-grantee shall participate in the State's annual capabilities assessment for the State Preparedness Report. 3. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement, by the Sub-grantee or a contractor, will be recorded and maintained in the Sub-grantee's equipment -- Inventory system. a. Allowable equipment categories for the FY 2014 EMPG Program are listed on the web-based version of the Authorized Equipment List (AEL) located at the DHS Lessons Learned Information Sharing Responder Knowledge Base Home Page sponsored by FEMA at http://www,llis.dhs.gov/knowledgobaso, Reimbursement will only be provided for purchases of the following equipment: (1) equipment identified on the AEL as applicable to the EMPG program for which the Sub-grantee has received written approval from the Department Key Personnel prior to purchase and, (2) equipment not identified on the AEL as allowable under the EMPG Program for which the Sub-grantee has DHS-FEMA-EMPG-FFY 14 Page 4 of 38 City of Kent OEM, E15.136 i ' I received written approval from FEMA through the Department Key Personnel prior to purchase. Sub-grantees must contact the Department Key Personnel for assistance in seeking FEMA approval for purchase of 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 Program Hinds. No relmbursement will be provided unless the appropriate prior written approval has been provided. b. Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Sub-grantee, or a j recognized sub-recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership Is In place. c, The Sub-grantee, or a recognized sub-recipient/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. d. 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. e. 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. I. 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. g. 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. h. 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, I. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: DHS-FEMA-EMPG-FFY 14 Page 5 of 38 City of Kent OEM,E15.135 I. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to the awarding agency. Ii. 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. j. As a 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 Agreement. k. The Sub-grantee must obtain and maintain all necessary certifications and licenses for the equipment. Sub-grantees are solely responsible for ensuring equipment eligibility. 4. ENVIRONMENTAL AND HISTORICAL PRESERVATION The Sub-grantee shall ensure full compliance with FEMA's Environmental Planning and Historic Preservation (EHP) Program. a. Sub-grantees proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. b. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. C. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed before funds are released to carry out the proposed project. 61 PROCUREMENT The Sub-grantee shall comply with all.procurement requirements of 44 CFR Part 13,36, Procurement and as specified in the General Terms and Conditions, Exhibit B, A,28. 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 whlch point the Sub-grantee will be responsible for reviewing and approving their sub-contractors' sole source justifications. H. SUB-GRANTEE- MONITORING a. 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. b, To document compliance with OMB Circular A-133 requirements, the Sub-grantee shall complete and return to the Department Attachment #2 "OMB Circular A-133 Audit Certification Form"with the signed Agreement DHS-FEMA-EMPG-FFY 14 Page 6 of 38 City of Kent OEM,E15-135 I and each fiscal year thereafter until the Agreement is closed, upon which the completed form is incorporated in and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: I. review of performance reports; li. monitoring and documenting the completion of Agreement deliverables; III, documentation of phone calls, meetings, e-mails and correspondence; iv. review of reimbursement requests and supporting documentation to ensure allowabllity and consistency with Agreement work plan, budget and federal requirements; v, observation and documentation of Agreement related activities, such as exercises, training,funded events and equipment demonstrations; vi. 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. d. The Sub-grantee Is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-reciplents who receive pass-through funding from this Agreement. 7. NIMS COMPLIANCE a. 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. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components 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 C. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2014 (FFY14) federal preparedness funding, to Include EMPG, NIMS compliance requirements for 2014 must be met. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from the DHS/FEMA, which is provided to assist state, local and tribal governments enhance and sustain all- hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 6121 et seq) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762), 2. The Sub-grantee shall comply with all applicable federal laws, regulations and guidance referenced in the "Department of Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management Performance Grant" document published by FEMA, 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. 3. A portion of the FFY14 EMPG grant was identified by the state to be passed through to local jurisdictions and tribes with emergency management programs DHS-FEMA-EMPG-FFY 14 Page 7 of 38 City of}Cent OEM, E15-135 I to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities under WAC 118-09. 4. The Sub-grantee shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Sub-grantee's application for funding, as approved by the Department and incorporated into this Agreement. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5, The Sub-grantee shall provide a fifty percent match of $93,526 of non-federal origin. To meet matching requirements, the Sub-grantee cash matching 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. 6. Exercises that are implemented with EMPG Program funds under this Agreement must meet the requirements of the FFY14 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 fallowing 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, C. DHS FFY14 EMPG TERMS AND CONDITIONS As a recipient of EMPG Program funding, the Sub-grantee shall comply with all applicable DNS terms and conditions of the FFY14 EMPG Award Letter documents for DHS Grant No. EMW-2014-EP-00033, which are incorporated herein by reference, including but not limited to the following: 1. Administrative Requirements — The administrative requirements that apply to DHS award recipients originate from two sources: a. Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"). These A-102 requirements are also located within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13. b. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations, relocated to 2 CFR Part 215. 2, Cost Principles— The cost principles that apply to DNS award recipients originate from one of the following sources: a. OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. b. OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. c. OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CFR Part 230, 3, Audit Requirements — The audit requirements for State, local and Tribal recipients of DHS awards originate from OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. 4. Aclmowlodgement of Federal Funding from DHS -- The Sub-grantee must acknowledge its use of Federal funding when,issuing statements, press releases, DFIS•FEMA-EMPG-FFY 14 Page 8 of 38 City of Kent OEM,E15.135 requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 5. Activities Conducted Abroad--The Sub-grantee must ensure that 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. 6. Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq,) - The Sub-grantee must comply with the Act, which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101-12213) -The Sub- grantee must comply with the requirements of Titles I, II, and III of the Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 8, Best Practices for Collection and Use of Personally Identifiable Information (Pit)- If a Sub-grantee collects Pil, it is required to have a publically-avaliable privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and haw Individuals may have their PII corrected where appropriate. The DHS Privacy Impact Assessments is available as a resource on this requirement at; http:/Iwww.dhs.gov/xlibrary/assets/privacy/prlvacy_pia_gu ida nce-jLine2010.pd f and http:/Iwww.dhs.gov/xlibrary/assets/privacy/privacy_pia_template.pdf, respectively. 9. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d of seq.), codified at 6 CFR Part 21 and 44 CFR Part 7 - The Sub-grantee must comply with the requirements of the Act, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 10. Civil Rights Act of 1968 - The Sub-grantee must comply with the Act, 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 (42 U.S.C, § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 CFR § 100.201). 11. Copyright - The Sub-grantee must affix the applicable copyright notices of 17 U,S.C. § 401 or 402 and an acknowledgement of Government sponsorship (Including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified Information or other Information subject to national security or export control laws or regulations). 12. Debarment and Suspension -The Sub-grantee must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. DHS-FEMA-EMPG-FFY 14 Page 9 of 38 City of Kent OEM,E15-135 13, Drug-Free Workplace Regulations — The Sub-grantee must comply with the Drug-Free Workplace Act of 1988(412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.These regulations are codified at 2 CFR 3001. 14. Duplication of Benefits — The Sub-grantee must comply with 2 CFR Part 225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. •15. False Claims Act and Program Fraud Civil Remedies — The Sub-grantee must comply with the requirements of 31 U.S.C, § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. 16, Federal Debt Status — The Sub-grantee is required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent .payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424B, Item number 17 for additional information and guidance. IT Fly America Act of 1974 — The Sub-grantee must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the international Air Transportation Fair Competitive Practices Act of 1974 (49 U.S,C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 3138942- 18. Hotel and Motel Fire Safety Act of 1990— In accordance with Section 6 of the Act (15 U.S.C. § 2225(a)), the Sub-grantee must ensure 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 and Control Act of 1974, 15 U.S.C. §2225. 19, Limited English Proficiency (Civil Rights Act of 1964, Title VI) — The Sub- grantee must comply with the Act's prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services, Providing meaningful access for persons with LEP may entail providing language assistance services, Including oral interpretation and written translation. in order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order — 13166, improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS DI IS-FEMA-EMPG-FFY 14 Page 10 of 38 City of Kent OEM, E15-135 i i Recipient Guidance http://www.dlis.goviguidance-published-help-depadment- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lop,gov. 20. Lobbying Prohibitions — The Sub-grantee must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal. 21. Non-supplanting Requirement — The Sub-grantee must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 22. SAFECOM — If the Sub-grantee is awarded funds to provide emergency communication equipment and related activities, the Sub-grantee must comply with the SAFECOM Guidance for Emergency Communication Grants, Including provisions on technical standards that ensure and enhance Interoperable communications (http://www.safeoomprogram.gov/ecg/2014.safecom_guidance_final.pcif), 23. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education Act) — The Sub-grantee must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance, These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. 24, Trafficking Victims Protection Act of 2000— The Sub-grantee must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175, This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No, 218, November 13, 2007, In accordance with the statutory requirement, the Agreement shall be terminated, without penalty, if the Sub-grantee: a. Engages in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procures a commercial sex act during the period of time that the award is in effect; or C. Uses forced labor in the performance of the award or subawards under the award. 25. Rehabilitation Act of 1973—The Sub-grantee must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual In the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. DHS-FEMA-EMPG-FFY 14 Page 11 of 38 City of Kent OEM,E15-135 26. USA Patriot Act of 2001 — The Sub-grantee must comply with the requirements of the Uniting and Strengthening America by Providing. Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c, Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that Is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. i 27. Use of DHS Seal, Logo, and Flags — The Sub-grantee must obtain DHS's approval prior to using the DNS 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. 28, DHS Specific Acknowledgements and Assurances — The Sub-grantee acknowledges and agrees, and will require any sub-reciplents, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DH5 access to records, accounts, documents, information, facilities, and staff: a. Cooperate with any compliance review or complaint investigation conducted by DHS. b, Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance C. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate back-up documentation to support the reports. d. Comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed program guidance. e. 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, provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties, f. 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. I I UH8+FMA-EMPG-FFY 14 Page 12 of 38 City of Kent OEM, E15-135 I li Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security(DHS)1 Federal Emergency Management Agency(FEMA) Grants AA 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 terin "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. 1. "OMB"—is defined and used herein to mean the Office of Management and Budget. j, "WAG"—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. X2 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 $600,000 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:llwww.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 (GAGAS) as found In the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance DHS-FEMA-EMPG-FFY 14 Page 13 of 38 City of Kent OEM,E15 135 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 GAGAS, 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 casts 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 98430-6032 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 98430-6032 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. it II NHS-FEMA-EMPG-FFY 14 Page 14 of3B City of Kent OEM, E15-135 i 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. AA 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-reciplent or by checking the System for Award Management (htto,//www.sam.nov) maintained by the federal government. The SUB-GRANTEE also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (http://www Ini.wa.00v/TradesLioensincl/PrevWa eg /Awardina Agencies/DebarredContractoTs8, The SUB-GRANTEE also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http•//www.des.wa,gov/services/Co ntractinciPurchasina/Business/PagesNendor- Debarment.asp . DHS-FEMA--EMPG-FFY 14 Page 15 of 38 City of Kent OEM,E15-135 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, 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 Farm-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. A.10 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. DHS-FEMA-EMPG-FFY 14 Pago 16 of 38 City of Kent OEM,El6.135 _ I ill 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. 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 DFIS•FEMA-EMPG-FFY 14 Page 17 of 39 City of Kent GEM, El5-135 of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement, A.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 Aar and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT(OSI IAIWISHA) 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. DHS-FEMA•EMPG-FFY 14 Page 18 of 38 City of Kent OEM,E15-135 A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity of to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A,22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this 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 othenwise 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. DHS-FEMA-EMPG-FFY 14 Page 10 of 38 City of Kent OEM,E15-135 d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.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(i): 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, 1966, 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 DHS-FEMA-EMPG-FFY 14 Page 20 of 38 City of Kent OEM, E15-135 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub-grantees). 4. Compliance with the Copeland "Anti-Kickback"Act(18 U.S.C. 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 CPR part 5). (Constriction 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 $06 of the Clean Air Act(42 U.S.C. 1857(h)), section 608 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 Start, 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 DHS-FEMA-EMPG-FFY 14 Pago 21 of M City of Kent OEM, E15-135 employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment Insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 ROW. 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 Agmement 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 Agreeinent In whole or in part by providing ten (10) calendar days written notice, beginning on the second day after malling to the SUB-GRANTEE, Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from Incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are In addition to any other rights and remedies provided by law, A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE has failed to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE unable to perform any aspect of the Grant Agreement, or has violated any of the covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has the right to Immediately suspend or terminate this Grant Agreement In whole or in part. The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not requited 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 14 Page 22 of 38 City of Kent OEM, E15-135 i 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 (1) completed work and services and/or equipment or supplies provided for which no separate price Is stated, (il) partially completed work and services and/or equipment or supplies provided which are accepted by the DEPARTMENT, (Ili) 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 14 Page 23 of 38 City of Kent OEM, E1 6-136 �, i 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 (exampl(,,; parking) that are-authorized under this Agreement. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The SUB-GRANTEE Is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The SUB-GRANTEE may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30.041. A.36 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing, The DEPARTMENT's failure to Insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.37 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Vonue 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. NHS-FEMA-EMPG-FFY 14 Page 24 of 38 City of Kent OEM,E'15-135 i Exhibit C 14EMPG WORK PLAN I Emergency Management Organization; City of Kent—Office of Emergency Management 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. The Work Plan delineates the EMO's emergency management program planning and priority focus for this grant cycle(to include 14EMPG grant and local funds). I Program Area 01 Public Education/Community Training To educate the citizens of the types of disasters and threats that could happen in this region and to help them understand ways they can prevent, assist and help in the during the different phases of a disaster. By having more citizens trained and/or having a greater understanding of what to do in a disaster it will help in the rebuilding of our community by having fewer injuries and less strain on emergency ersonnel, Emergency Management Function: Crisis Communications; Public Education and Information sustainment or # Activity Enhancement Community Emergency Response Team (CERT) sustainment Teach two Iterations of the full 8 week long FEMA CERT course using the 1 approved curriculum. Accommodate students from the general citizenry In Description: Kent and Fire District 37, the business community in the greater Kent area, to and employees from the City of Kent, City of Covington, Kent Fire W Department, and Kent/Covington Schools F- 5 Business/Neighborhood/School Tralnings sustainment U 2 Conduct public disaster/emergency preparedness education programs for Description: the citizens, schools, and businesses in the community. CERT Continuing Education sustainment 3 Conduct continuing education classes for past CERT graduates, to improve Description: and refresh skills, and to enhance ability to respond in the community. Program Area 42 Kent Communication Support Team (KCST) KCST's primary role is providing communications for the ECC and staffing RFA station emergency communications, and meets and trains regularly to maintain a roster of competent communications volunteers. KCST conducts weekly drills and periodic regional/statewide exercises such as field day, the great shakeout and on 5th Saturdays, The emphasis in on filling communications gaps identified in the communication plan. Gaps were related to sufficient trained staff, a mobile communications cache, and communications Interoperability with dispatching agencies and neighboring jurisdictions. Emergency Management Function: I Crisis Communications, Public Education and Information NHS-FEMA-EMPG-FFY 14 Page 25 of 38 City of Kent OEM,E16-135 Sustainment or # Activit enhancement Field Day sustainment KCST participates in the annual "Field Day" nation-wide exercise which emphasizes emergency communications.This two-day exercise is conducted in the field and relies on emergency power, and provides a Description: chance to test the gasoline generators and our disaster communications center kits, as well as coordination with local CERT teams. 5th Saturday Drill I enhancement Kent Communications Support Team (KCST)to holds a drill on each 5th Saturday in 2014/1015. In addition to taking part in the emergency scenario 2 designed by the state EMD, KCST conducts its own exercise to achieve Description.' local objectives.The drill Includes communicating with King County, regional EOC, and with the state EMD in a variety of redundant communications, such as phone, fax, amateur radio, and email. i Weekly NETS! Regular meetings sustainment Weekly nets are radio-based "meetings" requiring members to use radio P equipment to check-in, pass formal or informal messages, and verify the 3 proper operation of their equipment. The"net control' role is rotated through Description the membership to give each practice in this important skill. In addition, the KCST team meets monthly to conduct business and offer short training sessions on technical and preparedness topics. i i Developing mobile communications capability enhancement The KCST continues to enhance its moblie/portable communications capability by re-activating a portable"disaster communications center"for 4 the City. in addition, some older equipment is being re-purposed to serve as Description' a part of a radio cache to be distributed as needed in an emergency situation. Along with the positioning of equipment, procedures and trainings are in development to make more volunteers competent in system use. Participate in development of regional communication plan enhancement Team members participate In the development of a regional communications g plan by documenting equipment, procedures, and systems currently used in - Description: the Kent ECC, Based on Identified capabilities and gaps, recommendations are made to resolve the problems and Implement best practices, Program Area 03 community Events To discuss with the community the importance of disaster preparedness and make them aware of the disasters/threats in our community. Also to teach our younger community the importance of preparedness through activities geared towards kids of all ages. Emergency Management Function: Crisis Communications, Public Education and Information DHS-FEMA-EMPG-FFY 14 Page 26 of 38 City of Kent OEM, E15-136 i I I Sustainment or # Activity Enhancement_ Cornucopia!Covington Days sustainment 1 Set up and staff visual public display emergency preparation booths for(2) Description: large citywide events (Kent Cornucopia Days and Covington Days); and distribute preparedness information and flyers. National Night Out I sustainment National Night Out(NNO) is a neighborhood crime prevention and 2 preparedness event held every August. Kent OEM visits with multiple Description: neighborhoods to hand out disaster preparedness Information and talk to the i community about personal/neighborhood disaster preparedness and the CERT Class. w Kid Safety Day sustainment King County Fire& Life Safety Association host's the Annual Kid's Safety Day at the museum of flight every July. Fire/Police/Emergency Management 4 3 Departments from the region get together to talk to kids about safety. Kent Description: OEM has a tent for kids to participate in a preparedness activity and also hands out flyers and information to parents to include disaster preparedness and CERT training opportunities, You , Me, We Event sustainment 4 A free annual event In Kent every August to celebrate kids in the community, Description: with a preparedness activity booth for kids, as well as handing out important disaster preparedness Information to children and adults, School Events I sustainment 5 Conduct disaster/emergency preparedness education programs for the Description. schools in the community. r.. .4.. 0 Y55A Program Area 44 Operational Communication Ensure communication is maintained and personnel are well trained; participate in multiple radio drills; develop a backup radios stem plan to ensure redundant communications in a disaster. Emergency Management Function: I Crisis Communications, Public Education and Information Sustainment or # Activity Enhancement CEMNET 3 sustainment Work with EMD to ensure Comprehensive Emergency Management Network 1 (CEMNET) capability Is maintained and participate In scheduled testing Description: between local Emergency Operations Center(EOC) or similar facility and the W state EOC. w Citywide Radios sustainment 2 Conduct a monthly Citywide radio drill on the 800 MHz radio Kent Citywide Description; Radio System between the Kent ECC and all designated Department Operating Centers (DOC's). County 800 MHz sustainment 3 Descriptiom Participate in the King County 800 MHz radio test monthly, 4 VHF sustainment DHS-FEMA-EMPG-FFY 14 Page 27 of 3$ City of Kent OEM,E15-135 io sho to develo a backu radlo 8,.. .. w stem and Working with City aZ p p p Y Description: communications plan; Program Area 45 Exercises I Testing I Training Continue to enhance capabilities through testing, exercises and training.. Emergency Management Function: I Exercises, Evaluations and Corrective Actions Sustainment or rw # Activity Enhancement School Exercises/trainings enhancement 1 To participate in the design, conduct, and evaluation of at least one exercise Description: during the performance period. 2 Great Washington Shakeout enhancement of Description: Tb participate in the Great Washington Shakeout 2014 Exercise. ECC Setup/Drills i Trainings enhancement P > Continue to conduct monthly ECC in service days to test systems on a S Description: rotating basis. All systems such as electronics, displays, forms, and other material required for activation are checked and tested. Collaborative training with NGO's, FBO's and other regional partners enhancement 4 To participate in the design, conduct and evaluation of drills/exercise Description: (trainings with area Non-Governmental Organizations (NGOs), Faith Based Organizations (FBOs), and other regional partners. FROM M w.. _- Program Area#6 Professional Development Continue to enhance professional development of staff through attendance to conferences, trainings, and classes. Emergency Management Function: Training Sustainment or # Activity Enhancement Conferences sustainment 1 Send staff to approved conferences, such as but not limited to, Partners in Description: Preparedness and WSEMA to enhance personnel professionalism in emergency management, Trainings/Classes sustainment W r= 2 Send staff to approved available trainings/classes to enhance professional > Description: development in emergency management. tz _ EMI Sustainment 3 Send staff to approved available FEMA EMI (Emergency Management Description: Institute) classes to enhance professional development in emergency management. WSEMA, Partners, IAEM, Zone 3 EM, EMAC sustainment 4 pescripilon. Participate in local emergency management organization meetings. l_ z . i DHS-FEMA-EMPG-FFY 14 Page 28 of 38 City of Kent OEM, E15.135 Program Area#7 Planning Continue to review, coordinate, and participate in required and other planning that supports Kent Emergency Management. Emergency Management Function: I Operational Planning Sustainment or # Activity Enhancement CEMP _7777sustainment To review the Comprehensive Emergency Management Plan (CEMP) and 1 supporting Emergency Support Functions (ESFs)for compliance with both Description: the National Response Framework and National Incident Management System. Update plan based on gaps identified during exercises and incident response. COOP sustainment 2 to Description: To continue to coordinate COOP plan development for all city departments, ua review draft plans and assist with standardizations for essential functions. Sara Title 3 -Tier II sustainment U 3 To Receive, Review and Document Tier Its from Hazmat facilities in Kent, Description: updating to close gaps identified during exercises and incident response. NIMS sustainment 4 To be fully compliant with Federal National Incident Management System Description: (NIMS)training requirements, and track personnel training completion, Worl<groups (Citizen Corp, Mass Care, LEPC, EPC, RCPG) sustainment To continue participation in and/or conduct local emergency management 5 workgroups/meetings, including LEPC (Local Emergency Planning Group), Description: EPC (Kent Emergency Planning Committee), RCPG (Regional Catastrophic Plannin Grou ,Mass Care and Citizen Corp. Program Area #8 Upgrades! Improvements Expand the capabilities and effectiveness of the Kent ECC, DOC's, Volunteer Management and KCST. Emergency Management Function: I Operations and Procedures Sustainment or # Activity Enhancement ECC enhancement 1 Identify enhancement opportunities of the Kent OEM ECC and plan for Doscription: upgrades and updates, _-. DOC enhancement I u> 2 Identify enhancement opportunities of Kent DOC's (Department Operating w Description: Centers)functionalities and capabilities and plan for upgrades and updates. h- > Volunteer Management enhancement 0 3 Develop and train a volunteer team to support multiple functions within the Description: ECC and/or Disaster Preparedriess/Recovery as per WAG 118.04 KCST enhancement 4 Acquire and deploy approved mobile radio equipment to provide emergency Description: backup communications service for all responder sites, to include training of operators and assembling of mobile kits, which are self contained and DH8-FEMA-EMPG-FFY 14 Page 20 of 38 City of Kent OEM,E15-135 supports both voice and data communications, independent of commercial communications infrastructure. Obtain a cache of emergency communications a uipment. Program Area#9 Public Information and Warning Continue to communicate with the public via multiple ways in order to relay emergency information, preparedness info, class/trainings schedules or any other important information that the public may need. Emergency Management Function: I Communications and Warning Sustainment or # Activity Enhancement Code Red sustainment 1 To maintain and update the reverse 911 community alert system (CodeRed) Description: for Kent. Social Media (Face Book, Twitter) sustainment 2 To utilize the city and fire dept. social media channels to communicate with Description: the community. Webslte sustainment 3 To utilize the city and fire dept.WebPages as a resource for outreach and to Description: information to the local, regional, and business communities, h• Emergency Alert System (EAS) sustainment Work with the local Area Emergency Alert System (EAS) Committee to ¢ 4 complete a EAS plan and the Local Relay Network(LRN) per existing Description: guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Community Rating System (CRS) /Storm Ready sustainment Review the requirements for the FEMA Community Rating System including 5 any impact analysis reports and CRS activities. Coordinate activities with Description: Public works to determine activities necessary and achievable to reduce insurance premiums; participate and renew Storm Ready Communities within Kent. Program Area#10 Hazard Mitigation Work to mitigate known hazards to the area and research current and new threats. Develop programs and procedures when necessary to address hazards, Emergency Management Function; Hazard Mitigation Sustainment or # Activity Enhancement Research and mitigation plan development for different hazards in the sustainment Kent area. (Landslides, oilicoai trains, etc) W. 1 Continue public awareness level for current and future hazards and threats Description: to the region. Incorporate into existing plans and procedures. Pipeline awareness and plan development sustainment U 2 De"cr Continuo an awareness of hazards associated with pipelines.Attend local iption: and regional meetings/training to address issues. 3 Cyber security sustainment i OHS-FEMA-EMPG-FFY 14 Page 30 of 38 City of Kent OEM,E16.136 ,� Continue an awareness of cyber security issues and how they relate to emergency management. Coordinate work with information technology Description: department to enhance security.Attend local and regional meetings & trainings to address issues. Plan Maintenance for Hazard Mitigation Plan sustainment 4 Review and update hazard mitigation plan in coordination with King County Description, OEM. i Program Area#11 Marketing and Information Support To expand our services to non-English speaking or hard of hearing/deaf community and to increase marketing through multiple channels to include vehicle graphics, marketing documents, flyers,,and to increase ability document development to enhance the emergency management program. Emergency Management Function: Administration and Finance Sustaimnent or # Activity Enhancement Interpretation and Translation services enhancement 1 To utilize interpreters or translation services when needed in Description: trainings/exercises in order to communicate effectively with the public. Vchicle Graphics enhancement To enhance vehiclas with graphics that supports the emergency Description: management mission and the KCST team. Document and manual printing enhancement 3 Printing of Emergency Management documents and manuals for public v Description: education distribution, 4 Document development enhancement 4 Creation of documents for our ECC, DOC, KCST, etc,to enhance functional Description: ability Technology development enhancement 5 Research and update approved software and other related technology, and Description: develop or research systems that serve the community more efficiently. Program Area 912 OEM Vehicles Purchase 2 cargo vans: 1 cargo van for Kent Communications Support Team (KCST) and 1 cargo van for Kent Office of Emergency Management.There is no plan to replace current vehicles from local funding. Emergency Management Function: Crisis Communications, Public Education and Information Sustamment or # Activit Enhancement s v I i DHS-FEMA-EMPG-FFY 14 Page 31 of 38 City of Kent OEM, E15.135 1 Purchase Vehicles enhancement w Description: Purchasing of two approved cargo vans. ? Equip Vans sustainment U 2 Equip vans with the necessary equipment such as radios, antennas, Description: computers, etc.,to achieve operational objectives WOO WWI Program Area#13 LEPC Continue to support the growth of regional hazmat response and facility coordination through trainings and drills. Coordinate and conduct analysis of crude oil movement through the valley and its impacts, Continue database support for Tier II siteslintegrate Into response access. Ensure EPCRA mandates are met. Hazard Identification, Risk Assessment, and Consequence Emergency Management Function: Analysis Sustainment or # Activtt Enhancement Drills/Exercises sustainment Coordinate with Zone 3 hazmat teams to conduct drills and exercises in 1 existing facilities or through simulation to test plans, personnel, and Description: equipment capabilities. Continue to coordinate with Zone 1 &Zone 5 hazmat teams regarding collaboration of functionality. Hazmat Mitigation Emergency Response Plan (HMERP) sustainment w 2 Update the Kent HMERP to include recent changes and data inputs Description: regarding Tier II sites, response areas, and overall mission guidance. rLocal l Regional Meetings sustainment Represent the LEPC on the King County Emergency Management Advisory 3 Committee at the monthly meetings. Participate with the King County LEPC. Description: Conduct Kent LEPC meetings as needed and support website accuracy on current events related to hazardous materials. Database Management sustainment 4 Expand the Tier II database created by Kent LEPC for use by external jpartners such as King County and Zone 3 hazmat partners and affiliates. ... .- _. . - , i i DHS�FEMA-F.MPG-FFY 14 Page 32 of 38 City of Kent OEM, E15-135 i I Exhibit D MILESTONE TIMELINE, FFY14 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2014 Start of Grant Agreement performance period, January 31, 2015 Submit reimbursement request June 30, 2015 Submit reimbursement request August 31, 2015 End of grant performance period. October 15, 2015 Submit final reimbursement request, additional reports, and/or deliverables. jl DHS-FEMA-EMPG-FFY 14 Page 33 of 38 City of Kent OEM,F15-136 Exhibit E Budget Sheet FFY14 Emergency Management Performance Grant Program SOLUTION AREA OUDGETCATEGORY AMOUNT NARRATIVE W Planning,pit ruing,software,CODA and LEPC Goods&Services $ 1250 planning materials Indirect $ - o. Subtotal $ 1,250 Consultants/Contractors 19,175 For EEC upgrades EM office Supplies,mo feria Is,I nstructi ona I support far day to day operations,IT,copler C] Goods&Services 1300 usage phones and uniforms ' Indirect _ $ subtotol $ 20,475 Tools/Equipment-2 vehicle purchases for Kent OEM a nd Kent Communication Support Team o. (KEST),Tools/Equipment-for OEM,ECC,DO C's g-Equipment $ 64000 Indirect $ Subtotal $ 64,000 Supplies,Materials,Instructional Supportfor W Goods&Services _ $ 1,000 OEM tfainings z Travel/Conferences/Registration/Per Z Diem/Training. Examples are WSEMA,EMI, Travel/Per Diem $ 6,000 IAEM,PIEP LEPC. Indirect $ Subtotal $ '/,mo w Supplies,Materials,Instructional Support for Goods&Servl ces $ Boo OEM exercises wIndirect �$ subtotal $ 800 i TOTAL Grant Agreement Contractsr.' AMOUNT, $ 93,525 • City of Kent-Office of Emergency Management (OEM)will provide a match of$93,525, 50% of the total project cost (local/tribal budget plus EMPG award),of non-federal origin. m 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. a The Department's Reimbursement Spreadsheet must accompany each reimbursement request submitted. o The Sub-grantee agrees to make all records available to Department staff, upon request. Funding Source; U.S. Department of Homeland Security-PI#743PT—EMPG it DHS-FEMA-EMPG-F('Y 14 Page 34 of 38 City of Kent OEM,E15-135 ATTACHMENT 01 ADDITIONAL AGREEMENT PROVISIONS AND WORI(SHEET 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 $26,000, 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 maintalning 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. i DHS-FEMA-EMPG-FFY 14 Page 35 of 38 City of Kent OEM, E15-135 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 steel( 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, I I I DHS-FEMA-EMPO.FFY 14 Page 36 of 38 City of Kont OEM, E15-138 i WORKSHEET 5ubrootpkent Agency: ro) KeA. OEM Grant and Year: (� a01 b�graamaut Number; E�� Camp eked by; c75 'R6ti _ _ Name 2t! Twe Em ee IS Tale hone Bate Completed: Is Y g g our rant agreement less then$26 0007 YES STOP,no further analysts NO needed,GO to Step a r GO to Step2• a� K �. I In your preceding fiscal year,did your YES NO STOP,no further organization revolve 00%or more of Its annual { OO to STEP 3 analysts needed,GO gross revenues from federal funding? r t to Step 0 In your preceding fiscal year,did your YES NO STOP,no further organization receive$25,000,000 or more in D{ OO to STEP 4 n{ analysis deeded,GO '. federal funding? to Step 6 poas khe public have ecress to info matlan shout YES . NO the STOP,no further analysis total campsnsallan"of sanfor executives In { { • ycur organization? 11rrrra� I1 r 19n1asdad,QO to step 6 ►'fir GO to STEP 6 t �` r"t SSHt'ti ' - I�E3t51 a � , d .`,�CMa�".°� ��'.`ti, •i. p+,e 9� .y� .} py (fie 2`n, r 'i+5h �r ,L,;a4P+"�: < }�� sa,�gn..•4��{i� r lfs�y,�'+r'r v./ < L�lccou�`f�di�?� Facsnuliva#2 Name; IIryT,otal Compensation amount: $ �p �ih nti yQM at a,E er7t f;� Fxeoullve#4 Name; �Tooytal Compensation amount: $ f " fl �PIl'4R P fl 8 7"1 " ,�Lkh'P'2el ro ens'.t�Or�i4p'G., .., WIMEMIN MEN R....� ,"-- ..0 ` rA$ SSe�fi �'"n,,. .,+'•..:5[ 1'tiJr4'a•. 'm".j,J If your organization does not meet these criteria,specifically Identify,below g An criteria that Is not met for your organization;Fof ar o:"Our ofgap zat o ova .d lea the $28,000" Signature: Lt _ [late: "Total compensation raters to: o Salary and bonuses o Awards of stook,stock options,and stock appreciation rights a Other compensation Including,but not limited to,sovorance and termination payments o Life Insurance value paid an beheff of the employee Additional Resources; httoelwvuw.whltehouse.aovlcmblooe"n httn:/Aww hrsa novlarantslffate html htto:/Mrww.aoo cov/fdsys/nku/FR-2010d1®-'14/ndf/2010.7.2706 ndf h oWw'awgrantsaov/ DHS•FEMA-EMPG"FFY 14 Page 37 of 3o Cityof Kent OEM,E15.136 i i ATTACHIVIENTO OMB Circular A-1 33 Audit Cordfication Form Audits of States, Local Governments, and Non-Profit Organizations N, Subrealplant(Sub-Grantee)Name(Af;emyLacsI covornment,Ry opljarii2aiton): Authorized Chief Financial Offloar(Central Accountlorl CrIffmi: Address: no urpoae; AS 4 POSS-thrTrUgh agency OF federal grant A theMilitary DepartmentlEmerganoy management Division (WMDIEMD)Is required by Mee of Management and Budget(OMB)ChouIRrA-Mto monitor aolf0lesof eubmaliplantato ensure federal awards amused for authorized purposes and ensure that 6ubrorAplents expanding$500,000 or more Inleflorulawards during their local year have met the OW Circular A-I33 Audit Raquirements. Your entity Is a subrad lent subject to such monitoring by MIUSM13 because It Is 13 non-rodeml entity that expands federal grant fuAde received M 11111END 110 a ptuni-through entity to carry -133 unit be found at ftjW4yj5!w.whRehousA.Q0� slomblonvets-1610 out A facteral.program, OIVID GlroularA And It should be consulted when completing this form, 101rectlonat As required by OMB Circular A-IN,non-federal Antilles that expand if500,000 In federal awards In a flacal year shall have a single or prolimm-specific audit conducted for that year, If your ontily/a—nor nubject to A433 usciulroments, you must complete 8collon A of this Form. If your entity ILA required to complete an A-133 Audit,you must complote Section B of this form, When completed,you must sign,date,and return this form with your grant agreement contract And every f1soal yearthereafter until the grant agreement contract In closed, Failure to return into completed Audit Corlifloation Form may result In delay of grant agreement processing,withholding of federal awards or disallowance ofacate,And suspension arterm[naton of faders!awards, SECTION; "rXF6 OurniAltyla not subject to the requirements of OMB Circular A-133 babause(check all flint apply): El We did not expand$60%000 or mom of Intel federal awards during the fiscal year. Ej We are a for-proft aganoy. ICI 11 We are exempt for other reasons(descries): However,by elgrilng below,I agree thatwe are 011 subject tolhe audit requirements,laws and regulations goverrithU the proprom(s) In which we participate,that we are required to maIntaln records of federal funding end to provide access to such records by federal and state agencies and their deolormea,and thOWIVIDIEMO may request and be provided access to odd Information mndIDr dootmontallanto ensure proper stewardship of federal funds. ILI We completed our last A-M Audit on[enter-date] for Fiscal Year ending[enter dotal There ware no findings(elated to federal awards from WMDIEMD, No follow-up aellon Is required by WMDIEMD as the peas-throuuft autiry. A complete copy Who omdlt report,which Includes oxcaptiono,aDmonfive nation plan and managorrent reap6riae,Is either provided eleolrantcally to cantmets.offica0mll.wo.nov or provide the Ostia auditor report number,- We completed our lost AA03 Audit on(enter dotoLOAUo findings related to federal Awards. 4ktorFigmlyoarendlnglonterdatel.UlW There warn A complete copy of the audit report,whltb Includes exceptions,carrocilve aufflun plan and manngnmant response, is orthar provided plegilronicallyto Or provide the state auditor report numbers aOU1255_' � I Our completed A-1 03 Audit will he available on enter data]far Plecal Year ending enterdotol. We will provide electronic copy of the audR report to at that time or provide the state auditor report number. I hereby aertity,that I am an individual authorized by the above IdeAlfflad entity to conipleto this form. Purtbor,I certify that the Above Information Is true and correct and oil relav iaterial fin Ingo contained In audit repnrgstatnment have been diactozod,Additionally,I understand this Form Is to he ub (led or fiscal. oar Witch this onlity,I noubroolphintof fedoral grant funds from MIUND until the grant ogre t a Is Signature of Authorl Chlof Flnen At Officer: Print Name&Title; DH8-YEMA-FMP4.FFY 14 Page 36 of 33 City of KentOEM,E1rr135 REQUEST FOR MAYOR'SSIGNATURE T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Robert Goehrin Phone (Originator): 5262 Date Sent: February 19 2015 Date Required: February 26, 2015 Return Signed Document to: CONTRACT TERMINATION DATE: January 31, Robert Goehring 2016 VENDOR NAME: City of Auburn DATE OF COUNCIL APPROVAL: Feb 17 2015 Brief Explanation of Document: The City Council authorized acceptance of two federal Emergency Management Performance Grants from the Washington Military Department on October 13, 2013 and November 18, 2014, respectively as follows: $118,112 (June 1, 2013 through September 30, 2014) and $93,525 (June 1, 2014 through August 31, 2015). The purpose of these grants is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Regional fire authorities and fire protection districts are not eligible to receive these grants directly from the Washington Military Department. Accordingly, these grants are awarded directly to the City and are then passed- through to the Kent Fire Department RFA, The City is required to perform grant monitoring activities designed to ensure grant requirements are met. The City does not have the prerequisite knowledge or expertise to perform the monitoring activities for these awards. The City of Auburn has agreed to perform these activities on behalf of the City for a cost not expected to exceed $1,000 per grant award, There is an additional $1,000 per grant award contingency. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: ' Approval of Law Dept.: U � S td Law Dept. Comments: Y I Date Forwarded to Mayor: %q Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: ` $