HomeMy WebLinkAboutFI15-057 - Original - Puget Sound Regional Fire Authority - Emergency Mgmt Performance Grant E14-088 - 06/01/2013 x
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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: Kent Fire Department Regional Fire Authority
Vendor Number: N/A
JD Edwards Number
Contract Number: Ft 15,-
This is assigned by City Clerk's Office
Project Name: Emergency Management Performance Grant Award (E14-088)
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other: Memorandum of Understanding
Contract Effective Date: June 1, 2013 Termination Date: Sept 30, 2014
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: N/A
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This MOU establishes the requirements governing the Kent Fire Department RFA's
administration of the EMPG Award (E14-088), including ensuring adherence to the terms
and conditions of the Grant Agreement and other federal grant requirements.
As of: 08/27/14
it
HOMELAND SECURITY AWARD
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBER E14-088
This Memorandum of Understanding (MOU), entered into this day of . between
the City of Kent, a Washington municipal corporation (hereinafter the "City") and the Kent
Fire Department Regional Fire Authority (hereinafter the "RFA"), a Washington municipal
corporation formed in accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant
("EMPG") funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public
Law 113-76, as amended by Post-Katrina Emergency Management Reforms Act of
2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762,
Section 662, Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake
Hazards Reduction Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended
by Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, Title 42 U.S.0 5121, as amended by National Flood Insurance Act of 1968, Public
Law 90-448, Title 42 U.S.0 4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the OMB Circular A-133, Chapter 39.34 RCW, and/or by the Constitution and the
enabling laws of the State of Washington; NOW THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
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INDEX To M®U
PART I - GENERAL CONDITIONS..............................................................................................................
1. Scope Of MOU..........................................................................................................................1
2. Scope Of Project.......................................................................................................................1
3. Purpose And Primary Objective ..................................................................................................1
4. Commencement And Termination Of MOU ...................................................................................2
S. Administration .........................................................................................................................2
6. .Compensation And Method Of Payment.......................................................................................2
7. Eligible Costs...........................................................................................................................3
8. Operating Budget.....................................................................................................................3
9. Amendments ...........................................................................................................................3
10. Assignment And Subcontracting.................................................................................................3
11. Hold Harmless And Indemnification.............................................................................................3
12. Project Close-Out .....................................................................................................................4
13. Insurance................................................................................................................................4
14. Conflict Of Interest...................................................................................................................4
15. Suspension And Termination Of MOU ..........................................................................................5
PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS.............................................................
1. Nondiscrimination.....................................................................................................................6
2. Procurement Standards.............................................................................................................7
3. Uniform Administrative Requirements And Cost Principles.. ...........................................................8
4. Labor Standards.......................................................................................................................8
5. Data Universal Numbering System..............................................................................................8
6. Administrative And/Or Financial Requirements.............................................................................8
7. Reimbursement/Invoicing Procedures .........................................................................................9
8. Reporting Requirements............................................................................................................9
9. Equipment Management........................................................................................................... 9
10. Environmental and Historical Preservation.................................................................................. 9
11. Procurement........................................................................................................................... 9
12. NIMS Compliancy.................................................................................................................... 9
13. EMPG Specific Requirements..................................................................................................... 9
14. General Terms And Conditions......... .................... ................................ ................................ . 9
15. EMPG Work Plan...................................................................................................................... 9
16. Public Information ......................................................................................................-......... 10
17. Other Federal And State Requirements ..................................................................................... 10
18. Local Requirements ................................................................................................................ 10
PART III - MONITORING AND REPORTING REQUIREMENTS.........................................................................
1. Monitoring............................................................................................................................. 10
2. Fiscal Reporting Responsibilities............................................................................................... 11
3. Audits................................................................................................................................... 11
PART IV - RECORDKEEPING REQUIREMENTS............................................................................................
1. Program Records and Inspections............................................................................................. 11
2. Financial Records ................................................................................................................... 12
3. Records Of Program Operations, Management And Evaluation...................................................... 12
4. Procurement Records.............................................................................................................. 13
5. Nondiscrimination And Equal-Opportunity Records ..................................................................... 13
6. Conflict Of Interest................................................................................................................. 13
7. Verification Of Subcontractor's Eligibility.................................................................................... 14
Ali
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I
PART I - GENERAL CONDITIONS
1. SCOPE OF MOU
The agreement between the parties shall consist of this MOU and its signature
page; the recitals page; the general conditions and any special conditions; the
federal, state and local program requirements; the monitoring and reporting
requirements; the recordkeeping requirements; each and every project exhibit,
appendix, and attachment incorporated into the MOU; all matters and laws
incorporated by reference herein; and any written amendments made according to
the general conditions. This MOU supersedes any and all former agreements
applicable to projects attached as Exhibits to this MOU.
2. SCOPE OF PROJECT
The RFA shall use the funds provided herein only to perform the activities
authorized by this MOU and as set forth in the Washington State Military
Department Grant Agreement No. E14-088 (Grant Agreement), as amended by
Amendment A, both of which are attached as Exhibit A and incorporated by this
reference. This MOU may be amended in writing from time to time, in accordance
with the general conditions, for the purpose of adding new projects, amending the
scope of work, or for any other lawful purpose.
3. PURPOSE AND PRIMARY OBJECTIVE
The purpose of the Grant Agreement (Exhibit A) is to 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 FFY13 EMPG Work Plan
(Exhibit C of the Grant Agreement, as amended by Amendment A).
Pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resulting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit C Office of Emergency Management of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to the Grant Agreement, as amended, to the RFA.
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i
4. COMMENCEMENT AND TERMINATION OF MOU
This MOU covers the time period of June 1, 2013 through September 30, 2014. No
work which occurred prior to June 1, 2013 is funded by this MOU. The RFA shall
take all necessary precautions and shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and
shall utilize all protection necessary for that purpose. Costs incurred prior to start
date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU shall immediately
terminate without risk or liability to the City and without obligation to disburse
funds or to reimburse RFA any funds expended in anticipation of funding
availability. All work shall be done at RFA's own risk, and RFA shall be responsible
for all losses associated with services provided before the City issues its written
notice to proceed. All acts consistent with the authority of the MOU and prior to the
date of the MOU's execution are hereby ratified and affirmed, and the terms of this
MOU shall be deemed to have applied.
S. ADMINISTRATION
A. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit B,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the A-
19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established through
the Grant Agreement.
B. The RFA shall provide ten (10) days written notice to the City of any changes in
program personnel as established through this MOU and Article I Key Personnel
of the Grant Agreement.
6. COMPENSATION AND METHOD OF PAYMENT
A. The City shall reimburse the RFA only for eligible costs allowed pursuant to, and
in an amount not to exceed the amount specified, in the Grant Agreement, and
according to the procedures developed by the City of Kent. Reimbursement
shall be based on the A-19 Invoice Form, and completed Reimbursement
Spreadsheet, which shall be submitted to the Military Department by the RFA's
authorized representative.
B. The RFA shall submit an A-19 Invoice Form and completed reimbursement at
least quarterly but not more frequently than monthly.
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I
7. ELIGIBLE COSTS !.
i
A. All costs incurred must be reasonable, necessary and of a nature which clearly
relate to the specific purposes and end product of the Grant Agreement under
which the services are being performed. Care must be taken by all concerned in
incurring costs to assure that expenditures conform to these general standards
and the following criteria for eligibility of costs.
B. To be eligible for reimbursement, costs must:
(1) Conform to the terms and conditions of the Grant Agreement;
(2) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget;
(3) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the RFA;
(4) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein;
(5) Not be allowable under or included as costs of any other federal, state,
local or other RFA-financed programs in either prior or current periods;
(6) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or
refunds; and
(7) Be fully documented.
S. OPERATING BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit E Budget Sheet of the Grant Agreement.
9. AMENDMENTS
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
10. ASSIGNMENT AND SUBCONTRACTING
A. The RFA shall not assign any portion of this MOU without the written consent of
the City, and it is further agreed that said consent must be sought by the RFA
not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
11. HOLD HARMLESS AND INDEMNIFICATION
A. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
exception or other financial loss is the result of the City's negligence or failure to
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comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
B. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including RFA's employees or third parties on account of
personal injuries, death, or damage to property arising out of services
performed or omissions of services or in any way resulting from the acts or
omissions of the RFA and/or its agents, employees, volunteers, subcontractors,
or representatives under this MOU.
C. The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including City's employees or third parties on account of
personal injuries, death, or damage to property arising out of services
performed or omissions of services or in any way resulting from the acts or
omissions of the City and/or its agents, employees, volunteers, subcontractors,
or representatives under this MOU.
12. PROJECT CLOSE-OUT
I
The RFA acknowledges and agrees that the amounts set forth in the Grant
Agreement shall be used only to reimburse the RFA for eligible costs incurred by the
RFA during the period set forth in said Grant Agreement and that upon expiration of
such period, or upon earlier termination pursuant to this MOU, the RFA shall have
no interest in any said amount which is not required to reimburse the Agency for
eligible costs incurred before such expiration or earlier termination.
13. INSURANCE
I
The RFA shall maintain insurance in the types and amounts set forth in Exhibit C,
which is attached and incorporated by this reference.
14. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of
the City or RFA who exercises any functions or responsibilities in connection with
the planning and carrying out of the City EMPG program or the RFA's project, or
any other person who exercises any functions or responsibilities in connection
with the City's Finance Department, shall have any personal financial interest,
direct or indirect, in the MOU, and the City and RFA shall take appropriate steps
to assure compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
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The Contractor covenants that no person who presently
exercises any functions or responsibilities in connection with the
City EMPG program has any personal financial interest, direct or
indirect, in this MOU. The Contractor further covenants that
he/she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of his/her services hereunder. The
Contractor further covenants that in the performance of this
MOU, no person having any conflict of interest shall be
employed. Any actual or potential conflict of interest on the
part of the Contractor or his/her employees must be disclosed to
the RFA and the City.
15. SUSPENSION AND TERMINATION OF MOU
A. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the activities
or other performance as agreed to herein, the City reserves the right to withhold
all or any part of payment, suspend all or any part of the MOU, or prohibit the
RFA from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is,
in addition to and not in lieu of, the City's right to terminate the MOU pursuant
to Paragraph (B) of this Section 15.
B. Termination of MOU by the City - This MOU is subject to termination upon thirty
(30) days written notice by the City to the Agency in the event that:
(1) The RFA mismanages or makes improper or unlawful use of EMPG
funds;
(2) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
(3) EMPG funds no longer become available from the federal government or
through the City;
(4) The RFA fails to carry out activities required by this MOU; or
(5) The RFA fails to submit reports or submits incomplete or inaccurate
reports in any material respect. j
C. Termination of MOU by the RFA - This MOU is subject to termination upon thirty
(30) days written notice by the RFA to the City in the event that:
(1) The City fails in its commitment under this Agreement to provide
funding for services rendered, as herein provided; or
(2) EMPG funds no longer become available from the federal government or
through the City.
D. Unless otherwise terminated pursuant to Paragraphs (B) and (C) of this Section
15, this MOU shall terminate on the termination date specified in Part 1 Section
1 of the MOU and shall be subject to extension only by mutual agreement and
amendment in accordance with Part I, Section 9 of this MOU.
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E. Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the City.
F. In the event termination occurs under Paragraph (B) of this Section 15, the RFA
shall return to the City all funds that were expended in violation of the terms of
this MOU, if any, including, but not limited to, any unexpended EMPG funds
distributed to the RFA under this MOU, any accounts receivable, or any assets or
interests therein of any type and in any form acquired, leased, or rehabilitated
with EMPG monies.
PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS
1. NONDISCRIMINATION
A. General - The RFA shall comply with all federal, state, and local 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 the Grant
Agreement.
B. Specific Discriminatory Actions Prohibited:
(1) The RFA shall not, under any program or activity to which this MOU may
apply, directly or through contractual or other arrangements, on the
grounds of age, sex, marital status, race, creed, religion, color, national
origin, or the presence of any sensory, mental, or physical handicap:
i. Deny any person facilities, services, financial aid, or other benefits
provided under the program or activity.
ii. Provide any person with facilities, services, financial aid, or other
benefits which are different, or are provided in a form different,
from that provided to others under the program or activity.
iii. Subject any person to segregated or separate treatment in any
facility or in any matter or process related to receipt of any service
or benefit under the program or activity.
iv. Restrict in any way access to or enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid, or other benefits under the program or activity.
v. Treat any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership,
or other requirement or condition which individuals must meet in
order to be provided facilities, services, or other benefits provided
under the program or activity.
vi. Deny any person any opportunity to participate in a program or
activity as an employee.
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(2) The RFA shall not utilize criteria or methods of administration which
have the effect of subjecting individuals to unlawful discrimination on
the basis 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).
C. Employment:
(1) In all solicitations under this MOU, the RFA shall state that all qualified
applicants will be considered for employment. The words "equal
opportunity employer" in advertisements shall constitute compliance
with this section.
(2) The RFA shall not unlawfully discriminate against any employee or
applicant for employment in connection with the MOU because of age,
sex, marital status, race, creed, religion, color, national origin, or the
presence of any sensory, mental, or physical handicap, except when
there is a bona fide occupational limitation. Such action shall include,
but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection
for training (Chapter 49.46 RCW, Executive Order 11246, as amended).
(3) The RFA shall not unlawfully discriminate against any employee or
applicant for employment in connection with the MOU because 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).
D. Contractors and Suppliers:
(1) No contractor, subcontractor, union, or vendor engaged in any activity
under this MOU shall engage in any unlawful discrimination as defined in
any federal, state, or local law.
(2) EMPG funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of; or fund any contractor
or sub-recipient during any period of debarment, suspension, or
placement in ineligibility status. 2 CFR Part 180 and Federal Executive
Orders 12549 and 12689.
E. Notice:
The RFA shall include the provisions of the appropriate subsections A, B, C, D,
and E of this Part II, Section 1 in every contract or purchase order for goods and
services under this MOU, and shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representative
of the commitments made in these subsections.
2. PROCUREMENT STANDARDS
In awarding contracts pursuant to this MOU, the RFA shall comply with all
applicable requirements of local and state law for awarding contracts, including but
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i
not limited to procedures for competitive bidding, contractor's bonds, and retained
percentages (Ch. 60.28 RCW, Ch. 39.12 RCW, and Ch. 39.04 RCW). In addition,
the RFA shall comply with the requirements of 44 CFR Part 13 Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments. Where federal standards differ from local or state standards,
the stricter standards shall apply.
3. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
The RFA shall comply with the policies, guidelines, and requirements of OMB
Circular Nos. A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments (also known as "A-102
Common Rule"and are also located within Title 44 CFR Part 13), and OMB Circular
A-87 Cost Principles for State, Local, and Indian Tribal Governments relocated to 2
CFR Part 225.
4. LABOR STANDARDS
A. The RFA shall require that project construction contractors and subcontractors
for contracts exceeding $2,000 awarded by the RFA pay their laborers and
mechanics at wage rates in accordance with the Davis-Bacon Act, as amended
(40 U.S.C. 276a through 276a-7), as supplemented by Department of Labor
regulations (29 CFR Part 5). In addition to complying with these federal labor
standards, the RFA shall further require that all project construction contractors
comply with all applicable state and local public works bidding and contracting
regulations, specifically including, without limitation, the prevailing wage
provisions set forth in Ch. 39.12 RCW and all regulations adopted by the State
of Washington Department of Labor and Industries.
B. The RFA shall require that project construction contractors and subcontractors
comply with Federal Labor Standards Provisions and the Davis-Bacon wage
determinations. For construction contracts, a copy of the Federal Labor
Standards Provisions and the current Davis-Bacon wage determinations must be
included in all construction bid specs and/or contracts over $2,000.
5. DATA UNIVERSAL NUMBERING SYSTEM
Pursuant to 2 C.F.R. §25.100(a), the City is required to establish a Dun and
Bradstreet (D & B) Data Universal Numbering System (DUNS) as a universal
identifier in order to receive federal financial assistance. In addition, programs or
subrecipients receiving subawards from the City shall establish a DUNS. 2 C.F.R. §
25.200(c)(1). The RFA shall provide its DUNS to the City.
6. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
i
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7. REIMBURSEMENT/INVOICING PROCEDURES
The RFA will comply with all requirements as reflected in Article
III Reimbursement/Invoicing Procedures of the Grant Agreement and Part I Section
6 Compensation And Method of Payment of the MOU.
8. REPORTING REQUIREMENTS
The RFA will comply with all requirements as reflected in Article IV Reporting
Requirements of the Grant Agreement and Part I Section 6 Compensation And
Method of Payment of the MOU.
9. EQUIPMENT MANAGEMENT
The RFA will comply with all requirements as reflected in Article V Equipment
Management of the Grant Agreement.
10. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article VI Environmental
And Historical Preservation of the Grant Agreement.
11. PROCUREMENT
The RFA will comply with all requirements as reflected in Article VII Procurement of
the Grant Agreement.
12. NIMS COMPLIANCY
The RFA will comply with all National Incident Management System (NIMS)
requirements as reflected in Article IX NIMS Compliancy of the Grant Agreement.
13. EMPG SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article X EMPG Specific
Requirements of the Grant Agreement.
14. GENERAL TERMS AND CONDITIONS
The RFA will comply with all General Terms and Conditions established through
Exhibit B General Terms and Conditions of the Grant Agreement.
15. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan
established through Exhibit C FFY13 Work Plan of the Grant Agreement.
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16. PUBLIC INFORMATION
A. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG program.
B. Pursuant to Exhibit B Part A.23 of the Grant Agreement, the RFA agrees to
submit to the Washington Military Department prior to issuance all advertising
and publicity matters relating to the 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 RFA agrees not to publish or use such advertising and publicity matters
without the prior written consent of the Department.
C. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW,
except to the extent specifically exempted from disclosure therein.
17. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this MOU of any other federal or state requirements,
which apply to the award and expenditure of federal funds made available by this
MOU, is not intended to indicate that those federal or state requirements are not
applicable to RFA activities. The RFA shall comply with all other federal and state
requirements relating to the expenditure of federal funds, including but not limited
to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural
Barrier Act of 1968 (42 U.S.C. § 4151, et seq.).
18. LOCAL REQUIREMENTS j
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other
purpose, except as specifically authorized by this MOU.
III - MONITORING AND REPORTING REQUIREMENTS
1. MONITORING
Article VIII Sub-Grantee Monitoring of the Grant Agreement reflects that the
Military Department will monitor the activities of the Sub-grantee from award to
close-out.
The RFA understands and agrees that it will be monitored by the City and the
Military Department from time to time to assure compliance with all terms and
conditions of this MOU and all applicable local, state, and federal laws, regulations,
and promulgated policies. Monitoring by the City under this MOU shall include, but
not be limited to on-site inspections by City staff. The City reserves the right to
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contract with another local government or other contracting party to perform this
service.
The RFA shall provide a copy of any Military Department monitoring report to the
City no later than thirty (30) days after the issuance of the report to the RFA. The
RFA shall provide to the City its response and corrective action plan for all areas of
concern contained in the monitoring report.
2. FISCAL REPORTING RESPONSIBILITIES 'i
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU. The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City.
3. AUDITS
A. If the RFA expends a total of $500,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal year,
it shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted
auditing standards (GAAS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions; and
OMB Circular A-133, as amended, and as applicable. Such audits are to be
performed by the Washington State Auditor's Office (SAO).
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or six (6) months subsequent to the end
of the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
Management Letter or other correspondence made by the auditor, the RFA shall
provide copies of those communications and the RFA's response and corrective
actions plan.
B. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
PART IV — RECORDKEEPING REQUIREMENTS
1. PROGRAM RECORDS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such
books and records shall be made available to representatives of the City or the
Military Department, or both, for formal inspection and, where necessary, copying.
MOU, Kent& RFA 11
EMPG E14-088
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein. Be
advised that the listing in this Section is intended only to assist the RFA in
identifying the required records and their respective authorities, and is not all
inclusive.
A. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an accessible
file for at least six (6) years following final payment and closure of the grant
under the Grant Agreement.
B. Contract and Amendments - A complete copy of this MOU and all amendments
thereto and notices there under.
C. Records of City Approvals - Copies of all requests for amendments or revisions
to this MOU and the City's subsequent approval or denial of such requests as
are required under this MOU.
D. Subcontracts and Agreements - Complete copies of all contracts,
subcontracts, and agreements with third parties into which the RFA enters in
the performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
E. Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors.
2. FINANCIAL RECORDS
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances. The records must:
A. Permit comparison of actual outlays with budgeted amounts;
B. Permit reporting of financial data on the accrual basis;
C. Be supported by source documentation;
D. Be independently audited usually annually, but not less frequently than every
two years.
3. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION
The RFA shall maintain all records of:
A. Operating policies and procedures;
B. Employee qualifications, training, and evaluation;
MOU, Kent & RFA 12
EMPG E14-088
C. Principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
D. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements.
4. PROCUREMENT RECORDS
The RFA shall maintain all records of:
A. RFA's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
B. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
C. RFA's individual purchases or contracts over $10,000 as required by 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
D. RFA's procurement procedures utilized and the bases for supplier
selection/contract award, for individual purchases or contracts over $10,000.
5. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS
The RFA shall maintain:
A. A tabulation of all RFA employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
B. Data identical to that required under A. and B. above for any subcontractor or
agent employed in the performance under this MOU.
C. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations.
D. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
E. Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU.
6. CONFLICT OF INTEREST
A. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
interest provisions of Exhibit B Part A.9 of the Grant Agreement and have
acknowledged understanding those provisions.
B. The RFA shall maintain a complete record of all requests for exceptions
submitted under the Grant Agreement.
MOU, Kent& RFA 13
EMPG E14-088
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7. VERIFICATION OF SUBCONTRACTOR'S ELIGIBILITY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
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MOU, Kent& RFA 14
EMPG E14-088
KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT:
AUTHORITY:
Sian in blue or black ink only -~�%? r /
Prfht Narne Suzette Cooke
Print Name: Jim Schneider Title "- Ma or
Title: Fire Chief DATE: , %
DATE: f r`h
APPROVED AS TO FORM:
u
Kent Law Department
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MOU, Kent& RFA 15
EMPG E14-088
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
I
Grant Agreement and Amendment
EMPG Grant Agreement Number E14-088
I
MOU Kent& RFA
EMPG E14-088
i
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee No nd Miami: 2. Grant Agreement Amount: 3, Grant Agreement Number.
City of Kent-OEM
24611 1181h Ave SE $108,112 E14-088
Kent,WA 9803DA039
4.-Sub-grantee Contact,phonelemall: 5. Grant Agreement Start Date; - 6. Grant Agreement End Date:
Jennifer Kolzor,263-856-4342 JDKOI?Lat@an June 1,2013 August 31,2014
twa. ov
7. Department Program Manager,phone/email: 8. Date Universal Numbering System(DUNS): 9. UBI#(state revenue):
Sierra Wardell,253-612-7121 020253613 173.000 002
sierra.wardell mfl.wa. ov
10. Funding Authority. - - - -
Wa S State Mllita De artment the"DEPARTMENT" and the U.S.Department of Homel_a_nd_ Sec
DH_S
11. onourceAgreementA 12. Program Index# & OBJ/SUB•OJ 13, CFDA#&Title: 14, N
1.60EMW-2013-EP-00060-S01 733PT NZ 97.042 EMPG 01264 _
15, Service Districts: - -- 16. Service Area by County(fes): 17, WomanlMinonty-Owned,Slate -
(BY LEGISLATIVE DISTRICT): 33,47,11 King County Certified7: X NZA ❑ NO
_ BY CONGRESSIONAL OISTRIC :8 9 _ ❑ YES,OMW_ B£#
18. Agreement Classification 19. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Publlc/Local Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ APE ❑ Other ❑ Intergovernmental (RCW39.34) ❑ Interagency
20, Sub-Grantee Selection Process: 21, Sub-Grantee Type(check all that apply)
X -To all who apply&qualify- ❑ Competitive Bidding ❑ Private Organization/Indlvidual ❑ For-Profil
❑ Sofa Source ❑ AIE RCW ❑ NIA X Public Organ zation/JurisdictIon ❑ Nan-Profil
❑ Filedw/OFM? ❑ Advertised? DYES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22, PURPOSE: Provide U.S.Department of Homeland Security(DHS)Emergency Management Performance Grant
(EMPG)funds to local jurisdictions and tribes with emergency management programs to support and enhance
those qMgrams 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 Sheat; Special Terms &Conditions(Exhibit AX General Terms and
Conditions (Exhlbit 8);Work Plan (Exhibit C); Milestone Timeline(Exhibit D); Budget(Exhibit E);and all other documents, exhibits and
attachments expressly referenced and Incorporated herein contain all the terms and conditions agreed upon by the parties and govem the
this and obligations of the parties to this Grant Agreement. No other understandings,oral or otherwise,regarding the subject matter of
this Grant Agreement shall be deemed to exist onto bind a ry of the parties hereto,
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions,and,
61 Other provisions of the grant aweernent Incorporated by reference.
WH r E4S,the parties he ave executed this Grant Agreement on the—dixiiAnd year t clBed below.
FO T DEP FCtCAN
1l-L -/'J /aora
Signature Date eat Dale
Dan Swisher,Chief Financial Officer Suz C ice,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 Wint'rs
O' ap t ble):
14 f 21
al ew ate
Form 10127NO kdh
DHS-FEMA-EMPG-FFY 13 Page 1 of 32 City of Kant OEM
E14.088
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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
k
Jennifer Keizer Name GaryStu m h
EM Specialist Title Program Coordinator
JDKeizer@kentwa.gov E-Mail a .stum h il.wa. ov
253.86BA342 Phone 253-612-7483
Jim Schneider Name Olivia Hollowwa
Fire Chief Title Pro ram Coordinator
ischneider@kentflrerfa.or E-Mail olivia.hollowwa mil.wa, ov
253.856-4311 Phone 253-612-7149
Name Sierra Wardell
Title Program Manager
E-Mail slerra.wardell@mll.wa.gov
Phone 253-512-7121
ARTICLE II --ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, regulations and
program guidance. A non-exclusive list of laws, regulations and guidance commonly applicable
to DHS/FEMA grants are listed here for reference only, and include, but are not limited to, the
following:
1. Administrative Requirements: 44 CFR Part 13. Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments; Office of
Management and Budget (OMS) Circular A-102, Grants and Cooperative Agreements with
State and Local Governments; 2 CFR Part 216, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations (formerly OMB Circular A-110).
2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal
Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for
Educational Institutions (formerly OMB Circular A-21); 2 CFR Part 230, Cost Principles for
Non-Profit Organizations (formerly OMB Circular A-122); OMB Circular A-133, Audits of
States, Local Governments and Non-Profit Organizations; and 48 CFR Part 31, §31.2,
Federal Acquisitions Regulations (FAR), Contract Cost Principles and Procedures,
Contracts with Commercial Organizations,
3. Grant funds will not replace (supplant) funds that have been budgeted for the same
purpose through non-Federal sources. The Sub-grantee, upon written request by the
Department, DHS or FEMA, shall demonstrate through supporting records and
documentation that a reduction in non-Federal resources occurred for reasons other than
the receipt or expected receipt of Federal funds.
4. Duplication of Benefits: There may not be a duplication of any Federal assistance by
governmental entities per 2 CFR Part 225, Appendix A, Basic Guidelines, Section C.3 (c),
which states: "Any cost allocable to a particular Federal award or cost objective under the
principles provided for in 2 CFR Part 225 may not be charged to other Federal awards to
overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal
awards, or for other reasons." However, this prohibition would not preclude governmental
units from shifting costs that are allowable under two or more awards In accordance with
OHS-FEMA-EMPG-FFY 13 Page 2 of 32 City of Kent OEM
E14-a8B
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.
i
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—REIMBURSEMENT/INVOICING 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 fine 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.Relmbursementse-mil-wa.00y at least
quarterly but not more frequently than monthly.
4. All work under this Agreement must end on or before the Agreement End Date, and the
final reimbursement request must be submitted to the Department within 45 days after the
Agreement End Date. The maximum amount of all reimbursement requests permitted to
be submitted under this Grant Agreement, Including the final reimbursement request, is
limited to and shall not exceed the total Grant Agreement Amount.
5. No equipment or supply costs will be reimbursed until the related equipment/supplies have
been received by the Sub-grantee and invoiced by the vendor.
6. Requests for reimbursement of equipment purchases must include a copy of the vendor's
Invoice and packing slip gr a statement signed and dated by the Sub-grantee's
authorized representative that states "all items invoiced have been received in good
working order, are operational, and have been inventoried according to contract and local
procurement requirements
7. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Milestone Timeline and the
Work Plan).will prohibit the Sub-grantee from being reimbursed until such complete reports
and reimbursement requests are submitted and the Department has had reasonable time
to conduct its review.
8. Final reimbursement requests will not be approved for payment if the Sub-grantee is not
current with all reporting requirements contained in this Agreement,
DHS•FEMA-EMP4-FFY 13 Page 3 of 32 City of Kent OEM
E14-088
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ARTICLE IV—REPORTING REQUIREMENTS
1. The Sub-grantee shall submit with each reimbursement request a report describing
completed Work Plan activities for which reimbursement is sought.
2. In conjunction with the next annual grant cycle application process, the Sub-grantee shall
submit to the Department's key personnel a final report describing all completed activities
under this Grant Agreement and new activities for which grant funding will be sought in the
upcoming grant cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, a final report will be submitted to the
Department detailing progress on all activities listed in the Work Plan.
3. Additionally, in conjunction with the final report , the Sub-grantee shall submit a separate
report detailing how the Exercise and Training requirements were met for all personnel
funded in any part through any source of funding under this Agreement
ARTICLE V—EQUIPMENT MANAGEMENT
All equipment purchased under this Grant Agreement, by the Sub-grantee or a contractor, will
be recorded and maintained in the Sub-grantee's equipment inventory system.
1. Upon successful completion of the terms of this Grant Agreement, all equipment purchased
through this Grant Agreement will be owned by the Sub-grantee, or a recognized sub-
recipient for which a contract, sub-Grant Agreement, or other means of legal transfer of
ownership is in place.
2. The Sub-grantee, or a recognized sub-grantee/sub-contractor, shall be responsible for any
and all operational and maintenance expenses and for the safe operation of their
equipment including all questions of liability. The Sub-grantee shall develop appropriate
maintenance schedules and procedures to ensure the equipment is well maintained and
kept in good operating condition.
3. The Sub-grantee shall maintain equipment records that include: a description of the
property; the manufacturers 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.
B. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
DHS-FEMA-EMPG-FFY 13 Page 4 of 32 City of Kent OEM
E14.088
a. Items of equipment with a current per-unit fair market value of less than$5,000 may be
retained, sold or otherwise disposed of by the Sub-grantee with no further obligation to
the awarding agency.
b. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring
agency for its share.
9. As recipient of federal funds the Sub-grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all sub-contractors,
consultants, and sub-recipients who receive pass-through funding from this Grant
Agreement,
10. Allowable equipment categories for the FY 2013 EMPG program are listed on the web-
based version of the Authorized Equipment List (AEL) located at the Responder Knowledge
Base at http://www.rkb.us/. Reimbursement will only be provided for equipment that (1) is
on the AEL or, (2) if not on the AEL, has received prior written approval from FEMA through
the Department; Sub-grantees must contact the Department representative for assistance
In seeking FEMA approval for equipment not on the AEL. Unless expressly provided
otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted
standards to be eligible for purchase using EMPG funds. In addition, Sub-grantees must
obtain and maintain all necessary certifications and licenses for the equipment. Sub-
grantees are solely responsible for ensuring equipment eligibility.
ARTICLE VI—ENVIRONMENTAL AND HISTORICAL PRESERVATION
1. The Sub-grantee shall ensure full compliance with FEMA's Environmental and Historic
Preservation (EHP) Program.
2. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The Sub-grantee is
advised that any project or expenditure with the potential to impact natural or biological
resources or historic properties, including but not limited to, communication towers,
physical security enhancements, new construction, renovation, or modcatlon to buildings
or structures, cannot be initiated until FEMA has completed the required EHP review.
Projects implemented prior to receiving EHP approval from FEMA risk de-obligation of
funds.
ARTICLE VII—PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part 13,36,
Procurement. All sole source contracts expected to exceed $100,000 must be submitted to the
Department for review and approval prior to the Sub-grantee's award and execution of a
contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at
which point the Sub-grantee will be responsible for reviewing and approving their sub-
contractors' sole source justifications.
ARTICLE Vill—SUB-GRANTEE MONITORING
1. The Department will monitor the activities of the Sub-grantee from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial regulations,
as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations. As a subrecipient of federal financial assistance under Circular A-133, the
Sub-grantee shall complete and return to the Department Attachment #2 "OMB Circular A-
133 Audit Certification Form" with the signed Grant Agreement and each fiscal year
thereafter until the Grant Agreement is closed, which Farm is incorporated in and made a
part of this Agreement.
2. Monitoring activities may include, but are not limited to
a. review of performance reports;
b, monitoring and documentation the completion of Grant Agreement deliverables;
DHS-FEMA-EMPG-FFY 13 Page 5 of 32 City of Kent OEM
E14-088
c. documentation of phone calls, meetings, a-mails and correspondence;
d. review of reimbursement requests and supporting documentation to ensure allowability
and consistency with Grant Agreement budget and federal requirements;
e, observation and documentation of Grant Agreement related activities, such as
exercises, training,funded events and equipment demonstrations;
f. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
3. As a sub-recipient of federal funds, the Sub-grantee is required to meet or exceed the
monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-
recipients who receive pass-through funding from this Agreement.
ARTICLE IX—NIMS COMPLIANCY
1. The National Incident Management System {NIMS) identifies concepts and principles that
answer how to manage emergencies from preparedness to recovery regardless of their
cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build, sustain and
deliver the core capabilities needed to achieve a secure and resilient nation.
Consistent implementation of NIMS provides a solid foundation across jurisdictions and
disciplines to ensure effective and integrated preparedness, planning, and response. NIMS
empowers the components of the National Preparedness System, a requirement of
Presidential Policy Directive (PPD)-8, to guide activities within the public and private sector
and describes the planning, organizing, equipping, training and exercising needed to build
and sustain the core capabilities in support of the National Preparedness Goal.
2. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2013 (FFY13) federal
preparedness funding, to include EMPG, the National Incident Management System
(NIMS) compliance requirements for 2013 must be met.
ARTICLE X—EMPG SPECIFIC REQUIREMENTS
1. The Washington State Military Department Emergency Management Division (EMD)
receives grant funding each year from the U.S. Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) through the Emergency
Management Performance Grant (EMPG) Program. The funding assists state and local
governments enhance and sustain all-hazards emergency management capabilities as
authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public
Law 93-288, as amended, 42 U.S.C. 5121-5207).
2. A portion of the FFY13 EMPG grant has been identified by the state to be passed through
to local jurisdictions and tribes, which have emergency management programs, to
supplement their local/tribal operating budgets, Each jurisdiction or tribe that applied and
met the qualifications specified in WAC 118-09 regarding emergency management
assistance funds was awarded a sub-grant based on the size of their agency's emergency
management operating budget. Funds will be used by local jurisdictions and tribes to
enhance their emergency management capability.
3. Funds are provided by DHS/FEMA solely for the use of supporting emergency
management programs as provided by the EMPG Program. The Sub-grantee shall use the
funds to perform tasks as described in the Work Plan of the Sub-grantee's application for
funding, as approved by the Department. Funding may not be used to replace or supplant
existing local or tribal government funding of emergency management programs.
4. The Sub-grantee shall provide a match of $108,112 of non-federal origin. Match (cost
share) may be cash or in-kind. To meet matching requirements, the Sub-grantee
contributions must be reasonable, allowable, allocable, and necessary under the grant
program and must comply with all Federal requirements and regulations, including but not
limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part 13.24. An appropriate
mechanism must be in place to capture, track, and document match.
DHS-FEMA-EMPG-FFY 13 Page 8 of 32 City of Kent OEM
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5. The Sub-grantee acknowledges that since this Grant Agreement involves federal funding,
the period of performance described herein will likely begin prior to the availability of
appropriated federal funds. The Sub-grantee agrees that it will not hold the Department,
the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Grant
Agreement prior to distribution of appropriated federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement or any type of payment
if federal funds are not appropriated or are not appropriated in a particular amount.
6. Exercises that are implemented with grant funds must meet the requirements of the FFY13
EMPG Program. All personnel funded in any part through any source of funding under this
Agreement shall participate in no less than three exercises in a 12-month period.
7. All personnel funded in any part through any source of funding under this Agreement shall
complete the following training requirements and record proof of completion: NIMS Training
IS 100, IS 200, IS 700, and IS 800 and the FEMA Professional Development Series IS 120,
IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244.
8. Cumulative changes to budget categories in excess of 10% of the Grant Agreement
amount will not be reimbursed without prior written authorization from the Department. In
no case shall the total budget amount exceed the Grant Agreement amount. Budget
categories are as specified or defined on the budget sheet of the contract. Any changes to
budget categories other than in compliance with this paragraph will not be reimbursed.
9. As a recipient of federal financial assistance under this Agreement, the Sub-grantee shall
comply with all applicable state and federal statutes, regulations, executive orders, and
guidelines, including but not limited to the following:
a. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to nondiscrimination, Including but not limited to the following: (a)
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d 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. §§ 1 21 01-1 221 3)which prohibits discrimination on the basis of disability;
and (h) Executive Order 13166 Improving Access to Services for Persons with
Limited English Proficiency.
b. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to environmental and historical preservation, including but not
limited to the following: (a) the Coastal Wetlands Planning, Protection and
Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq.), Executive Order
11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C.
§7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387)
and Executive Order 11738; (c) floodplains management pursuant to EO 11988, as
amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L. 92-
583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as
amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended
DHS-FEMA-EMPG-FFY 13 Page 7 of 32 City of Kent OEM
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(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 seq., 2 CFR
3001, 44 CFR Part 17).
d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22
U.S.C. §7104) and 2 CFR §175,
e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes of
research, and the requirements in DHS Directive 026-04.
f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131
et. seq.).
g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of 1968,
as amended (42 U.S.C. §4001 et seq.).
h. The USA Patriot Act of 2001, as amended (18 U.S.C. §§175-175c).
i. The Fly America Act of 1974, as amended (49 U.S.G. §40118) and the interpretive
guidelines issued by the Comptroller General of the United States March 31, 1961,
amendment to Comptroller General Decision B138942.
j. The False Claims Act (FCA) (31 U.S.C. § 3729).
k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring
that all conference, meeting, convention, or training space funded In whole or in part
with Federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention Control Act of 1974, 15 U.S.C. §2226.
10.The Sub-grantee must obtain DHS approval prior to using the DHS seai(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast
Guard officials.
11.The Sub-grantee must comply with any Federal requirements to acknowledge Federal
funding when Issuing statements, press releases, requests for proposals, bid invitations,
and other documents describing projects or programs funded in whole or in part with
Federal funds.
12. If, during the past three years, the Sub-grantee has been accused of discrimination on the
grounds of race, color, national origin (including limited English proficiency), sex, age,
disability, religion, or familial status, the Sub-grantee must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to the Department for forwarding to the DHS awarding office and the DHS
Office of Civil Rights and Civil Liberties. In the event any court or administrative agency
makes a finding of discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against the Sub-grantee,
or the Sub-grantee settles a case or matter alleging such discrimination, the Sub-grantee
must forward a copy of the complaint and findings to the DHS Component and/or awarding
office. The United States has the right to seek judicial enforcement of these obligations.
13.The Sub-grantee must ensure that any project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
14. If the Sub-grantee collects personally identifiable information (PII), the Sub-grantee must
have a publically-available policy that describes what PII is collected, how the PII is used,
whether the PII is shared with third parties, and how individuals may have their PII
corrected as necessary.
15.The Sub-grantee and any of its sub-recipients are required to be non-delinquent in
repayment of any Federal debt.
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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.
1. "OMB"—is defined and used herein to mean the Office of Management and Budget.
J. "WAC"—is defined and used herein to mean the Washington Administrative Code.
k. "RCW"—is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $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-specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A-133-Audits of States, Local Governments,
and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities
that spend less than $500,000 a year In federal awards are exempt from federal audit
requirements for that year, except as noted in Circular A-133. As defined In Circular A-
133, the term "non-federal entity" means a State, local government, or non-profit
organization, and the term "State" includes Indian tribes. Circular A-133 is available on
the OMB Home Page at http://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
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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 Stale
Auditor's Office, a federal auditor, or a public accountant performing work using GALAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133,
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or If there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building#1 TA-20
Camp Murray,WA 98430.6032
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 98430-5032
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.
NHS-FEMA-EMPG-FFY 13 Page 10 of 32 City of Kent OEM
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipafion 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 fADA) OF 1990, PUBLIC LAW 101-336 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE"ADA"28 CFR Part 35,
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication,
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared Ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated Into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared Ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g, grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the System for Aware!Management thttLA&ww.sam.govi 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"
- i . rrvlfradestl �_ l - _ e/Awardi cr` Contract ,
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 10 CFR Part 601, the Sub-grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub-grantee to any person for Influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering Into of any cooperative agreement, and the extension,
DHS-FEMA-EMPG-FFY 13 Page 11 of 32 City of Kent OEM
E14-088
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the Sub-grantee will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," In accordance with its
Instructions; (3) and that, as applicable, the Sub-grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and Is a prerequisite for making or entering
Into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or Indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement.
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
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.
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.
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A.12 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party
may request a dispute resolution panel to resolve the dispute. A request for a dispute
resolution board shall be in writing, state the disputed Issues, state the relative positions
of the parties, and be sent to all parties. The panel shall consist of a representative
appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership Is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; Including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or In connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
OHS-FEMA-EMPG-FFY 13 Page 13 of 32 City of Kent OEM
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Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.17 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.18 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the
approval or defeat of any ballot issue.
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A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of
any bonus or commission for the purpose of obtaining approval of the application for
such assistance or any other approval or concurrence under this Grant Agreement
provided, however, that reasonable fees or bona fide technical consultant, managerial,
or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.25 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement(the"records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
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A,26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility- of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE In connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
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).
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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 $2,600 for other contracts which
involve the employment of mechanics or laborers).
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10.Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11, Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12.Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of
amounts in excess of$100,000).
13. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L. 94-163, 89 Stat. 871).
The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans
and documents, and require the Sub-Grantee to make changes to bring its plans and
documents Into compliance with the requirements of 44 CFR Part 13.36. The Sub-
Grantee must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the
costs of the project and to allow both the Sub-Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
Incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties Intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, andfor 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 j
OHS-FEMA-EMPG-FFY 13 Page 17 or 32 City of Kent OEM
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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.
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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 andfor 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, (ill) 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 j
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, In the
notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment
and/or facilities in relation to this Grant Agreement except as may be necessary for
completion of such portion of the work under the Grant Agreement as Is not
terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed
by the DEPARTMENT, all of the rights, title, and interest of the SUB-GRANTEE
under the orders and sub-contracts so terminated, in which case the DEPARTMENT
DHS-FEMA-EMPG-FFY 13 Page 19 of 32 City of Kent OEM
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has the right, at Its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and sub-contracts, with the approval or ratification of the DEPARTMENT to the
extent the DEPARTMENT may require,which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to
the extent directed by the DEPATMENT any property which, if the Grant Agreement
had been completed, would have been required to be furnished to the
DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by
the DEPARTMENT In compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for
the protection and preservation of the property related to this Grant Agreement which
Is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or
may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking)that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES MMWBE)
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.
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Exhibit C
FFY13 Emergency Management Performance Grant
WORK PLAN
Emergency Management Agency City of Kent
Required Activities for EMPG eligibility
The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal
emergency management programs.Activities conducted using EMPG funding should relate directly to the five
elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington
State does not require a specific number of activities to receive EMPG funding. However, there are required
capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the
ability to communicate and warn, educate the public, train and exercise, plan and be NIMS compliant.
ACTIVITY
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-cut.
2 Emergency Management Activity:
Participatlon in scheduled testing between Kent OEM and the State EOC
Core Capability Operational Communications
General Plan for 13EMPG:
Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is
maintained and participate in scheduled testing between local Emergency Operations Center(EOC)
or similar facility and the state EOC.
3 Emergency Management Activity:
Update and test ARES& RACES plans
Core Capability Operational Communications
Community Resilience
General Plan for 13EMPG:
Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the
Amateur Radio Emergency Services (ARES) & Radio Amateur Civil Emergency Service (RACES)
program and the state RACES/ARES plan.
4 Emergency Management Activity:
Notification to State in the event of activation
Core Capability Operational Communications
Intelligence and Information Sharing
General Plan for 13EMPG:
Notify the state EOC Immediately upon activation of the Kent ECC. Provide Situation Reports
(SITREPS) as needed.
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5 Emergency Management Activity:
Communications and Warning
Core Capability Operational Communications
Public Information and Warning
General Plan for 13EMPG: T
Where possible,work with the Local Area Emergency Alert System (EAS)Committee (LAECC)to
complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC,
FEMA, and the State Emergency Communications Committee with assistance from the State EMD
Telecommunications staff.
6 Emergency Management Activity:
NIMS requirements
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Be fully compliant with Federal National Incident Management System (NIMS) compliance
requirements,
7 Emergency Management Activity:
Exercises
Core Capability Risk Management for Protection Programs& Activities
Operational Coordination
General Plan for 13EMPG:
Participate in the design, conduct, and evaluate at least one exercise during the performance period.
8 Emergency Management Activity:
CEMP
Core Capability Planning
Threat and Hazard Identification
General Plan for 13EMPG:
Review the Comprehensive Emergency Management Plan (CEMP)and supporting Emergency
Support Functions (ESFs). The CEMP to be compliant with both the National Response Framework
and National Incident Management System.
9 Emergency Management Activity:
Public Education and Training
Core Capability Community Resilience
Public Information and Warning
General Plan for 13EMPG:
Conduct public disaster/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).
i
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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. j
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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.
1s Emergency Management Activity:
Mass Care
Core Capability Mass Care Services
Planning
General Plan for 13EMPG:
Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in
seminars and exercises.
1s Emergency Management Activity:
Catastrophic Planning j
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
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22 Emergency Management Activity:
Zone Coordination
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Meet with South King County geographic Zone 3 Emergency Management Directors to collaborate on
common interest issues involving emergency management in Zone 3 and regional coordination with
King County, Zone 1 and Zone 5.
23 Emergency Management Activity:
CRS Review
Core Capability Threat and Hazard Identification
Risk and Disaster Resilience Assessment
General Plan for 13EMPG:
Review the requirements for the FEMA Community Rating System (CRS) Including any impact
analysis reports and CRS activities. Coordinate activities with Public Works to determine activities
necessary and achievable to reduce insurance premiums.
24 Emergency Management Activity:
ECC Enhancements
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Continue to identify enhancements for Kent OEM ECC functionality and capability.
25 Emergency Management Activity:
ECC Testing
Core Capability Operational Coordination
Operational Communications
General Plan for 13EMPG:
Continue to conduct monthly ECC in service days to test systems on a rotating basis. All systems
such as electronics, displays, forms, and other material required for activation are checked and
tested.
26 Emergency Management Activity:
Professional Development
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Research and send staff to available training activities, conferences, or professional development
courses or meetings to enhance personnel professionalism in emergency management.
27 Emergency Management Activity:
Amateur Radio Team Support
Core Capability Operational Communications
Operational Coordination
General Plan for 13EMPG:
Kent Communication Support Team (KCST)to hold drills on each 5th Saturday and participate in
other trainings as needed.
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28 Emergency Management Activity:
Community Warning System
Core Capability Public Information and Warning
Community Resilience
General Plan for 13EMPG:
Maintain and update the reverse 911 community alert systems (CodeRed)for Kent.
29 Emergency Management Activity:
Tier II Reporting
Core Capability Threat and Hazard Identification
Planning
General Plan for 13EMPG:
Receive, Review, and Document Tier il's from HazMat facilities.
30 Emergency Management Activity:
Volunteer Management
Core Capability Community Resilience
Public and Private Services and Resources
General Plan for 13EMPG:
Develop and train a volunteer team to support multiple functions within the ECC and/or Disaster
Preparedness/Recovery.
31 Emergency Management Activity:
Annual Statewide Exercise
Core Capability Community Resilience
Planning
General Plan for 13EMPG:
Participate in the Great Shakeout 2013 Exercise.
32 Emergency Management Activity:
Windshield Survey
Core Capability Situational Assessment
Operational Coordination
General Plan for 13EMPG:
Ongoing development and enhancement of the Citywide All Discipline windshield survey program.
33 Emergency Management Activity:
Credentialing
Core Capability Access Control
On-scene Security and Protection
General Plan for 13EMPO:
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.
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Exhibit D
MILESTONE TIMELINE
FFY13 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2013 Start of Grant Agreement performance period.
January 31, 2014
Submit reimbursement request#1
(June 1 —December 31, 2013)
April 30, 2014 Submit reimbursement request#2
(January 1 —March 31, 2014)
August 31, 2014 End of grant performance period.
October 15, 2014
Submit final reimbursement request (April 1 —August 31, 2014),
additional reports, and/or deliverables.
�I
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Exhibit E
Budget Sheet
FFY13 Emergency Management Performance Grant Program
The award Is based on the allocation factor of 17.32%of
13EMPG Allocation Factorl 17.32% the approved local/tdbal emergency management
13EMPG GRANTAWARD AMOUNT _$_108,11ZOO operating budgets.
SOLUTION
AREA SUOGEr CATEGORY AMOUNT NARRATNE
to Planning,printing,software for Haxmat,COOP and LEPC
z Goods&Services S 6,000 planning. _
z Travel/Per Diem $ - - -
Indirect __. _-_ -
0
Subtotal $ 6,000
soIartes&Benents $
® Overtime Backfili L -
SConsultants/Contractors $ _ -
2 EM Office Supplies,materials,instructional support for day
Goods &Servrces 36,500 today operations,IT,copier usage,phones,uniforms
O _ Subtotal $ 36 500
Tools/Minor Equipment&Furniture for OEM Office,ECC,
j Equipment S 36,000 DOC's&Amatuer Radio GroupAli
Sf indirect $_
Subtotal $ - 36,000 - -_-- --
t7 Supplies,Materials,Instructional Support for OEM �i
Z Goods&Services_ $ _ 4 000_Tratnin s
Z -- Travel/Conferences/Registration/Per Diem/Training.
.Travel/Per Diem $ 20,000 Examples are WSEMA,IAEM,EMI,PIEP,&LEPC
Subtotal $ 24,000
w Supplies,Materials,Instructional Support for OEM
G Goods&Services -.. $ 5,612 exercises.
Indirect_ $
5ubtoml $ 51612
TOTAL Grant Agreement Contract
AMOUNT- $ 100,112
• 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 changes to budget categories in excess of 10%of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted.
• The Sub-grantee agrees to make all records available to Military Department staff, upon request.
Funding Source: U.S. Department of Homeland Security-PI#733PT—EMPG
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C
ATTACHMENT#1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006(P.L. 109-282)(FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The
FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans,
awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts,
purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual
transactions below$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients
are reaulred by the Military Department to be familiar with the FFATA requirements and complete this
Worksheet for each contract for the State's submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the
sub-grantee agrees to provide all applicable reporting information to the Washington Military
Department(WMD)required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov)
containing information about entities that are awarded Federal grants, loans, and contracts. As
required by FFATA and OMB Guidance, certain information on the first-tier subawards related to
Federal contracts and grants, and the executive compensation of awardees, must be made publicly
available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the initial
subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or
over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward
exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the subaward continues to be subject
to the reporting requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this grant agreement contract, your organization is required by
FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant
awardee, all Information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number,
and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award
Management (SAM) is a government wide registration system for organizations that do business
with the Federal Government. SAM stores Information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current DUNS information,
http://www.sam.gov. WMD requires SAM registration and annual renewal by your organization to
minimize unnecessary data entry and re-entry required by both WMD and your organization. It will
also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from
the firm Dun and Bradstreet (D&B) (http://www.dnb.com). A DUNS number provides a method to
verify data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the Federal Government for organizations receiving Federal
assistance.
DHS-FEMA-EMPG-FFY 13 Page 29 of 32 City of Kent OEM
E14-088
E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the
five(5) most highly compensated officers of your organization(as the subawardee) If:
1. Your organization (the subawardee), In the preceding fiscal year, received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues
from Federal awards; and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash value
earned by the executive during the past fiscal year and includes salary and bonus; awards of stock,
stock options and stock appreciation rights; and other compensation such as severance and
termination payments, and value of life insurance paid on behalf of the employee, and as otherwise
provided by FFATA and applicable OMB guidance.
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F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross
revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal
awards, and (2) the public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly compensated
officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 13 Page 30 of 32 City of Kent OEM
E14-080
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WORKSHEET
Subreciplent Agency; cl OE
Grant and Year: E M Q Agreement Number: E b y®OM
Completed by: Jena tr Keiter -SQE atib 05 t®-4b4a
Noma Title Telephone
Date Completed:
,�� vas �t
Is your grant agreement less than$25,0007 YES STOP, no further analysis rper'f needed,GO to Step 6 NO I GO to Step 2
i
;Sift'"
In your preceding fiscat year, did your YES STOP,no further
organization receive 80%or more of its annual I GO to STEP 3 analysis needed, GO
gross revenues from federal funding? NO to Step 6
In your preceding fiscal year,did your ~YES _ STOP,no further
organization receive$25,000,000 or more in r t GO to STEP 4 F t analysts needed,GO
federal funding? i NO ' to Step B
Does the public have access to information about YES STOP,no further analysis t
the total compensation`of senior executives in r t needed, GO to step 6 NO r, GO to STEP 5
your organization?
WNA
Executive#1 Name:
Total Compensation amount $
Executive#2 Name;
Total Compensation amount: $
Executive#3 Name:
Total Compensation amount: $
Execufive#4 Name:
Total Compensation amount: $
Executive#5 Name;
Total Com ensation amount:$
If your organization does not meet these criteria,specifically identify below each criteria that Is not met for your&
organization:for Example:"Our organization received less than$25 000"
Date:
Signature: f 3 g � I
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
• Life Insurance value paid on behalf of the employee
Additional Resources:
h tto:flwww.whltehause,oovlomblor)en
h tto:Awww.hrsa.govtgrantslffata.html
htto:tlwww.aoo.aovlfdsyslokolFR-2010-09-14/odf12 0 1 0-227 0 5 gdf
hfto9lwww.grants aovl
DHS-FEMA-EMPG-FFY 13 Page 31 of 32 City of Kent OEM
E14.088
ATTACHMENT#2
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non-Profit Organizations
Contact Information
Subreciplent(Sub-Grantee)Name(Agency,Local Govemment,ororganizauon):
Authorized Financial Official: t
Address:'�t a b 76 Atig . Le
¢ J G 0
Email: Y�'1 G 1 'r �f�2rt+ tt!Ar l.j Phone#: _�53 - q5(-1-5:)-60
Purpose: As a pass-throuo agency of federal grant funds,the Washington Military Department/Emergency Management Division
(WMD/EMD)is required by Office of Management and Budget(OMB) Circular A-133 to monl(or activllias of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending$500,000 or more in federal awards during
their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by
MIUEMD because I is a non-federal entity that expends federal grant funds received from MIUEMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at hHPYAvww.whilehouse.00Wsites.'defauttfles/omblessefs/,gi33/
a133 revlsed 2007adf,and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend$500,000 in federal awards In a fiscal year shall
have a single or program-specific audit conducted for that year. If your entity is not subject to A-133 requirements, you must
complete Section A of this Form. If your entity Is required to complete an A-133 Audit,you must complete Section B of this form.
When completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant
agreement processing,withholding of federal awards or disallowance of costs,and suspension or termination of federal awards.
SECTION A: Entities NOTjub&Etto the audit,re uirements of 0 Circular A-133
Our entity is not subject to the requirements of OMB Circular A-133 because(check all that apply):
❑ We did not expend$500,000 or more of local federal awards during the fiscal year. j
❑ We are a for-profit agency.
❑ We are exempt for olher reasons(describe):
However,by signing below,I agree that we are still subject to the audit requirements,laws and regulations governing the
program(s)in which we participate,that we are required to maintain records of federal funding and to provide access to such
records by federal and state agencies end 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.
SECTION B• EnfiHes that ARE sub7gcflo the requirements of OUB CircularA-133
C'ont fete the Information below and check the ap Pop riate box -
We completed our Iasi 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 WMDIEMD as the pass-through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management
response,is either enclosed oravailable online at:
hhp:/Avww:.SQt)._ f ¢reptrPPl leg /Rr1010594,
❑ We completed our last A-13 Audit on(enter date]for Fiscal Year ending[enter dale]. There were findings related to
federal awards.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management
response, Is either enclosed or available online at:
hhp:/Avww.
❑ Our completed AA33 Audit will be available on[enter dale]for Fiscal Year ending[enter date]. We will forward a
copy of the audit report to you at that time unless it will be available online at:
hhp:/Avww.
I hereby certify that I am an individual authorized by the above Identified entity to complete this form. Further, I certify that
the above Information Is true and correct and all relevant material findings contained in audit roport/statement have been
disclosed.Additionally,I understand this Form is to be submittedpvery fiscal year for which this entity Is a subrecipient of
federal grant funds from MIUEMD until the grant agree n 4�t is closed.
Signature of Authorized Financial Official: _ Date:
Print Name &Title: N��CIa Flrrt�+c f}[ fkcToJ`
WMD Form 1009-13,811812013
OHS-FEMA-EMPG-FFY 13 Page 32 of 32 City of Kent OEM
E1$-088
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before com olefing this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Kent- OEM
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant E14-088
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLEIT ERM OF OFFICE
Suzette Cooke Mayor
Jim Schneider Fire Chief
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2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Suzette Cooke Mayor
Jim Schneider Fire Chief
aerie
77.
_ --
f
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3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
JenniferKeizer EMSpecialist
Dominic Marzano Division Chief
wA --MOWHOMEWAREN 1...1 SIGNAUTH Revised 3103
Washington State INitifM Department
AMENDMENT
1. SUB-GRANTEE NAME/ADDRESS: 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,PHONEIEMAIL• 5. DEPARTMENT CONTACT,PHONEIEMAIL:
Jennifer Kelzer,253.8564342 Gary Stumph,253.512.7483
ldkelzer<Dkentwa.gov Gary.Stumoh(1mII.Wa.goV
6. TIN.or SSN: 7.CATALOG OF FEDERAL DOMESTIC 8. FUNDING SOURCE NAME/AGREEMENT#:
991.6001254 ASST.(CFDA)#: 97.042 EMPG EMW-2013-EP-00050-801
9, FUNDING AUTHORITY:
Washington State Military Department(Department)and Department of Homeland Security(DHS)
TO. DESCRIPTIONIJUSTIFICATION OF AMENDMENT:
The Sub�grantee requests modifications to the Work Plan, Budget, and Timellne due to the addition of Activity
#35, Communications Equipment. Cost savings were realized in exercise, training, and organization and are
being reallocated to purchase the equipment for Activity#35. 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, 2014
2. The overall grant agreement amount of$108,112 remains unchanged.
3. Replace the original Work Plan, Exhibit C with the Revised Work Plan, Exhibit C, attached.
4. Replace original Timeline, Exhibit D with the Revised Timeline, Exhibit R, attached.
5. Replace the original Budget, Exhibit E with the Revised Budget, Exhibit E, attached.
This Amendment is incorporated in and made a part of the Grant Agreement, Except as emended herein, all other terms
and conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreement or
an Amendment to the"Grant Agreement"shall mean"Grant Agreement as amended". The Department and Sub-grantee
acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below.
By signing this Amendment,the signatories warrant they have the authority to execute this Amendment.
IN WITNESS WHEREOF,the parties have executed this Amendment:
FOR THE DEPARTMENT: THE SUB- E t ��
Signature Date
Signature Date Suzette Cookt
Richard A.Woodruff, Contracts Administrator Mayor
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM Signature Da e
Jim Schneider
Brian E. Buchholz (signature on file) 9116/2013 Fire Chief
Assistant Attorney General
APP E �e�j
pplican s Leg Ll view Dat
Form pater 10127/tOv4g
DHS-FEMA-EMPG-FFY 13 Page 1 of 10 City of Kent
E14-088,Amendment A
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Exhibit C
FFY13 Emergency Management Performance Grant
REVISED WORK PLAN
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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 FCC. Provide Situation Reports
(SITREPS) as needed.
DHS-FEMA-EMPG-FFY 13 Page 2 of 10 City of Kent
E14-088,Amendment A
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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.
6 Emergency Management Activity:
NIMS requirements
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Be fully compliant with Federal National Incident Management System (NIMS) compliance
requirements.
7 Emergency Management Activity:
Exercises
Core Capability Risk Management for Protection Programs &Activities
Operational Coordination
General Plan for 13EMPG:
Participate in the design, conduct, and evaluate at least one exercise during the performance period.
+ 8 Emergency Management Activity:
CEMP
Core Capability Planning
Threat and Hazard Identification
General Plan for 13EMPG:
Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency
Support Functions (ESFs). The CEMP to be compliant with both the National Response Framework
and National Incident Management System.
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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-FFY13 Page 3 of 10 City of Kent
E14-088,Amendment A
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 KenttCovington 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 I 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.
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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.
16 Emergency Management Activity:
Citizen Corps Council
Core Capability Planning
Community Resilience
DHS-FEMA-EMPG-FFY 13 Page 4 of 10 City of Kent
El4-088,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:
Continue participation in the King County Region Hazmat Providers Group.
18 Emergency Management Activity:
Mass Care
Core Capability Mass Care Services
Planning
General Plan for 13EMPG:
Continue participation in the KC Mass Care Workgroup bi-monthly meetings and participation in
seminars and exercises.
19 Emergency Management Activity:
Catastrophic Planning
Core Capability Planning
General Plan for 13EMPG:
Continue participation in the Regional Catastrophic Planning Group meetings.
20 Emergency Management Activity:
Kent EPC
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
Conduct City Emergency Planning Committee (EPC) meetings to address all five phases of
emergency management within the City of Kent and Kent Fire Dept. Members are representatives of
individual departments and the meeting activities incorporate training, ECC/DOC interface, and
planning elements.
21 Emergency Management Activity:
COOP Plans
Core Capability Planning
Risk Management for Protection Programs &Activities
General Plan for 13EMPG:
Continue to coordinate COOP plan development for all city departments, review draft plans and
assist with standardization for essential functions
22 Emergency Management Activity:
Zone Coordination
Core Capability Planning
Operational Coordination
General Plan for 13EMPG:
NHS-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:
Revlewthe 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.
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.
DHS-FEMA-EMPG-FFY 13 Page 6 of 10 City of Kent
E14.088,Amendment A
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29 Emergency Management Activity:
Tier Il Reporting
Core Capability Threat and Hazard Identification
Planning
General Plan for 13EMPG:
Receive, Review, and Document Tier II'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 n ess/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 j
Core Capability Situational Assessment
Operational Coordination
General Plan for 13EMPG,-
Ongoing development and enhancement of the Citywide All Discipline windshield survey program.
33 Emergency Management Activity:
Credentialing
Core Capability Access Control
On-scene Security and Protection
General Plan for 13EMPG:
Enhance existing credentialing program.
34 Emergency Management Activity:
Regional Hazard Mitigation Plan
Core Capability Long-term Vulnerability Reduction
Planning
General Plan for 13EMPG:
Participate in the King County Regional Hazard Mitigation planning.
35 Emergency Management-AcYivtfy
Kent Communication Support Team`Errpergency Communicaflons equipment
Core Capability Operational Comlunications
CnUcal7ransportation.
General Plan.i'6O3EMP.G
DHS-FEMA-EMPG-FFY 13 Page 7 of 10 City of Kent
E14-088,Amendment A
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Egwpment for Kent Communication Support team such as;'Radio s Antennas 'and Kits as,well as
equipment for sargohvan for Kent Communication Support Team Equipment will be used for'
emergency communioatlons and will serve as a.rrsobde cache of emergency communications gear;
The%portable kitswilf be used to deploy radipantennas as meeded d(tnng communlcatio_ris outages
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DHS-FEMA-EMPC-FFY 13 Page 8 of 10 City of Ken(
E14-088,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
E14-088,Amendment A
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Exhibit E
REVISED BUDGET SHEET
FFY13 Emergency Management Performance Grant Program
13EMPG GRANT AWARD AMOUNT $ 108,112,00
Additional Funds
Amended 13EMPG GRANT AWARD AMOUNT $ 108,112.00
SOLLMOa
ARM BUDGETCATEGORY Original Amount Modlricatiun Amended Amount Narrative
Planning,printing,software for Hazmat,
z Goods&Servl ces $ 6,000 $ (4,000) 2,000 COOP and LEPC planning.
Travel/Per Diem
Indirect $ $ $
u Subtotal $ 6,000 $ 4,000 $ 2,000
EM Office Supplies,materials,support
for day to day operations,17,copier
Qlease,peones,un4focros
Goods&Services $ 36,500.00 $ (22,288) $ 13,612
Subtotal $ 36,500 $ (22,888) $ 13,612
Tools/Minor Equipment&Furniture
for OEM Office,ECC,DOC's&Amatuer
n. Radio Group radios/antennas/far
p' E ui pment $ 36,000.00 $ 50,000 $ 86,000 aehi cl e a nd off ce
w
Indirect
Subtotal $ 36,000 $ 50.000 $ 86,000
Consultants/Contractors $ 5 $
Supplies,Materials,Instructlonal
l9 Goods&Services S 4,000 $ 3500) $ Soo Support for OEM Teoiningv
? Travel/Conferences/Registration/Per
Z Diem/Training. Examples are WSEMA,
Travel/Per Dlem $ 20,000 $ (14,000) $ 61000 ,P4,PI EP,&LEPC
Indirect $ S $
Subtotal $ 24,000 $ (17,500) $ 61500
Salaries&Benefits $ $ 5
Goods&Services $ 5,612 $ (5,6121 $ -
iGyl Travel/Per Diem $
Indirect $ $ $
Subtotal $ 5,612 $ (5,6121 $
TOTAL Grant Agreement Contract
AMOUNT: $ 108,112 $ $ 108112
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 localltribal 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- PI#733PT—EMPG
DHS-FEMA-EMPG-FFY 13 Page 10 of 10 City of Kent
E14-088,Amendment A
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Number E14-088
The Kent Fire Department Regional Fire Authority appoints the following
person as the liaison for the Memorandum of Understanding between the City
and the Kent Fire Department Regional Fire Authority; this person shall be
responsible for overall administration of the EMPG funded program:
Liaison: Aennifer Keizer Emergency Management Specialist
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MOU, Kent & RFA
EMPG E14-088
EXHIBIT C
INSURANCE REQUIREMENTS FOR
EPMG SUB-AWARD AGREEMENT
Insurance
The RFA shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors.
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A. Minimum Scope of Insurance
RFA shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of
not less than $3,000,000 per occurrence and in the aggregate.
Products and Completed Operations coverage shall be provided for
a period of 3 years following Substantial Completion of the work.
The Commercial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
11 85. The City shall be named as an Additional Insured
under the Contactor's Commercial General Liability
insurance policy with respect to the work performed for the
City. All endorsements adding Additional Insureds shall be
issued on form CG 20 10 1185 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned,
Tired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Comnensation coverage as required by the Industrial
Insurance laws of the State of Washington.
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B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent & RFA
EMPG E14-088
EXHIBIT C (Continued)
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $3,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The RFA's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the RFA's insurance and
shall not contribute with it.
2. The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer's
liability.
D. RFA's Insurance for Other Losses
The RFA shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
MOU, Kent & RFA
EMPG E14-088
EXHIBIT C (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work.
H. Subcontractors
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent& RFA
EMPG E14-088
REQUEST FOR MAYOR'S SIGNATURE
® T Please Fill in All Applicable Boxes
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Routing Information (ALL REQUESTS MUST FIRST HE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Robert Goehrin Phone Ori inator : 5262
Date Sent: February 25, 2015 Date Required: March 6, 2015
Return Signed Document to: CONTRACT TERMINATION DATE: Contract
Robert Goehring covers the period June 1, 2013 through Sept 30,
2014
VENDOR NAME: DATE OF COUNCIL APPROVAL: Feb 17, 2015
Kent Fire Department RFA
Brief Explanation of Document:
The City Council authorized acceptance of this Emergency Management Performance Grant
from the Washington Military Department on October 13, 2013 which provides a total of
$118,112 for the period June 1, 2013 through September 30, 2014.
The purpose of this grant 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, this grant is awarded directly to the City and is then passed-through
to the Kent Fire Department RFA.
This MOU establishes the requirements governing the Kent Fire Department RFA's
administration of the EMPG Award (E14-088); including ensuring adherence to the terms and
conditions of the Grant Agreement and other federal grant requirements.
All Contracts Must Be pouted Through The Law Department
(This area to be completed by the Law*(ae�partmet�t) .
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Received:
Approval of Law Dept..
Law Dept. Comments:
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Date Forwarded to Mayor: t =f,;
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments:
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Date Returned: