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HomeMy WebLinkAboutFI15-058 - Original - Puget Sound Regional Fire Authority - Emergency Mgmt Performance Grant E15-135 - 06/01/2014 � N +tj� Records ernN3� ei`fi i� KE4ON ._ "; of Document— W ASHINOTON " Ord, egg'` 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: F This is assigned by City Clerk's Office Project Name: Emergency Management Performance Grant Award (E15-135) Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Memorandum of Understanding Contract Effective Date: June 1, 2014 Termination Date: August 31, 2015 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 (E15-135), including ensuring adherence to the terms and conditions of the Grant Agreement and other federal grant requirements. As of: 08/27/14 i I 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 E15-135 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; MOU, Kent&RFA EMPG E15-135 i I I I INDE)c To MOU PART I - GENERAL CONDITIONS............. .......... ...... ....... 1. Scope Of Mm.........................................................................................................................1 2, scope Of Project.......................................................................................................................1 3. Purpose And Primary Objective ..................................................................................................1 4. Commencement And Termination Of MOU ...................................................................................2 5, Administration .........................................................................................................................2 6, Compensation And Method Of Payment.............................................................. ........................2 7, Eligible Costs...........................................................................................................................3 S. Operating Budget.....................................................................................................................3 9, Amendments ...........................................................................................................................3 10. Assignment And Subcontracting .................................................................................................3 11, Hold Harmless And Indemnification........................ ....................................................................4 12. Project Close-Out......................-.............................................................................,...............4 1.3, Insurance...................................................................................................... .........................4 14. Conflict Of Interest-4................................. ................... .................................. ....__...............5 15. Suspension And Termination Of MOU..........................................................................................5 .PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS............................................................. 1. Nord iscrimlnatlon.....................................................................................................................6 2. Procurement Standards.............................................................................................................8 3. Uniform Administrative Requirements And Cost Principles.. ...........................................................8 4. Labor Standards.,.......................... .................._.......................................__........................_8 5. Data Universal Numbering System..............................................................................................9 6, Administrative And/Or Financial Requirements.............................................................................9 7, Reimbursement/Invoicing Procedures ................................................._...................... .......... 9 S. Reporting Requirements............................................................................................................9 9. Equipment Management........................................................................................................... 9 10. Environmental and Historical Preservation...................................................................................9 11. Procurement............................................................................................................................9 12. NIMS Compliancy ................................................................:..................................................10 13. EMPG Program Specific Requirements.......................................................................................10 14. General Terms And Conditions................................................................................................ 10 15, EMPG Work Plan..................................................................................................................... 10 16. Public Information.....................................................................................................:............ 10 17, Other Federal And State Requirements ..................................................................................... 10 18. Local Requirements................................................................................................................ 11 I. PART III- MONITORING AND REPORTING REQUIREMENTS......................................................................... 1. Monitoring...................................................................................................................... ...... 11 2. Fiscal Reporting Responsibilities..............................................................................................................................11 3. Audits.......................... ........................__........................................ ...................... 11 PART IV- RECORDKEEPING REQUIREMENTS.,........... .................................. .. 1. Program Records and Inspections............................................................................................. 12 ; 2. Financial Records ......:........................................................................ .................., 1.3 3. Records Of Program Operations, Management And Evaluation...................................................... 13 4. Procurement Records............................................................................... 13 5. Nondiscrimination And Equal-Opportunity Records .....................................................................13 6, Conflict Of Interest................................................................................................................. 14 7. Verification Of Subcontractor's Eligibility....................................................................................14 MOU, Kent&RFA EMPG E16-135 i PART I d GENERAL CONDITIONS i 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. E15-135 (Grant Agreement), which is 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 I , � I The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) I funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the 14EMPG Work Plan (Exhibit C of the Grant Agreement). 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 to the RFA. i MOU, Kent& RFA EMPG E15-135 � I if I 4. COMMENCEMENT AND TERMINATION OF MOU III This MOU will commence on June 1, 20141 and will terminate on August 31, 2015, unless otherwise extended in writing through an amendment to the Grant Agreement. No work on a project funded by this MOU shall occur prior to June 1, 2014. 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. 5. 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 Any work performed in conformance with this MOU prior to the date of signing, but no earlier than June 1,2014, is hereby ratified. MOU, Kent&RFA 2 EMPG E15-135 i 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 no later than the due dates listed within the Milestone Timeline (Exhibit D of the Grant Agreement), but not more frequently than monthly. The City reserves the right to demand and recover reimbursements made for ineligible costs. 7, ELIGIBLE COSTS A. All casts 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. 8. 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. I I 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. MOU, Kent & RFA EMPG E15.135 3 i 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 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, PR0.7ECT CLOSE-OUT 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 The RFA shall maintain insurance in the types and amounts set forth in Exhibit C, which is attached and incorporated by this reference. MOU, Kent&RFA 4 EMPG E15-135 I 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: 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 NIOU, Kent& RFA EMPG E15.135 5 (5) The RFA fails to submit reports or submits incomplete or inaccurate reports in any material respect, 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 MOU 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 1, Section 9 of this MOU. 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. i 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: 1. Deny any person facilities, services, financial aid, or other benefits j provided under the program or activity. ' MOU, Kent&RFA EMPG E15-135 II H. 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. A Deny any person any opportunity to participate in a program or activity as an employee. (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: MOU, Kent&RFA 7 EMPG E15-135 I I i i (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 YOU, 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 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 Cast Principles for State, Local, and Indian Tribal Governments relocated to 2 CFR Part 225. i 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 MOU, Kent& RFA $ EMPG E15-135 I i I 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, Financial And Programmatic Requirements of the Grant Agreement. s, REIMBURSEMENT/INVOICING PROCEDURES The RFA will comply with all requirements as reflected in Article II Administrative, Financial, Arad _Programmatic Requirements of the Grant Agreement and Part I Section 6 Compensation And Method oframent of the MOU. S. REPORTING REQUIREMENTS The RFA will comply with all requirements as reflected in Article II Administrative, Financial And Programmatic Requirements of the Grant Agreement and Part I Section 6 CQmp_ensation And Method of Payment of the MOU. 9. EQUIPMENT MANAGEMENT The RFA will comply with all requirements as reflected in Article II Administrative, Financial And Programmatic Requirements of the Grant Agreement. 10. ENVIRONMENTAL AND HISTORICAL PRESERVATION The RFA will comply with all requirements as reflected in Article II Administrative, Financial And Programmatic Requirements of the Grant Agreement. 11. PROCUREMENT The RFA will comply with all requirements as reflected in Article II Administrative.. Financial And Programmatic Requirements of the Grant Agreement. MOU, Kent & RFA 9 EMPG E15-135 12. NIMS COMPLIANCY The RFA will comply with all National Incident Management System (NIMS) requirements as reflected in Article II Administrative, Financial And Programmatic Requirements of the Grant Agreement. 13. EMPG PROGRAM SPECIFIC REQUIREMENTS The RFA will comply with all requirements as reflected in Article II Administrative, Financial, And Programmati_c._Reguirements 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 I The RFA will administer the EMPG award in accordance with the Work Plan established through Exhibit C 14EMPG Work Plan of the Grant Agreement. J.G. 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.). MOU, Kent&RFA 10 FMPG E15-135 18. LOCAL REQUIREMENTS 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 REPOR`fXNG REQUIREMENTS 1. MONITORING I Article 11 Administrative Financial, And Programmatic Requirements Part 6 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 contract with another local government or other contracting party to perform this service. The RFA shall provide to the City a copy of any Military Department monitoring report 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 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), MOU, Kent& RFA 11 EMPG E15-135 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. I PART IV! -- RECOR@KEEPING 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. 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. MOU, Kent&RFA 12 EMPG E15-135 I 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; I 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; 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 Loca!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. MOU, Kent&RFA 3 EMPG E15-135 1 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. 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. I MOU, Kent&RFA 14 EMPG E15-135 j I KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT: AUTHORITY: Sian in blue or black ink only Print Nagfe: Suzette Cooke Print Name: Jim Schneider // Tl la;'' Mayor . Title: Fire Chief DATE: DATE: � e ' APPROVED AS TO FORM: I Kent Law De Anent jI MOU, 1<ent & RFA 15 EMPG E15-135 i � i I EXHIBIT A MEMORANDUM OF UNDERSTANDING Grant Agreement EMPG Grant Agreement Number E15-135 i III i I MOU, Kent& RFA EMPG E15-135 Washington State Mlitery Department .HOMGl,AND SECURITY GRANT AGREEMENT FACE.SHUeT 1. Sub grant"Name end Addreaa: 2. GrantAgn amen Amount: 7Oraht roamonkNumbar. City of Kant,OEM 24011 110th Avenue fay $93,526 116.136 Kent WA 9e0"39. 4, Su •grenfea.Contaot,phbnofamell: 6, Gran Agroemontstartpate: 6, bmnt Agreement End Dalai JenniferKaizer,263.860 4342 tune 1,2014 August 31,2016 JDKolze dhent,wams 7, Depadmem Program Maaage6 p onolamo6; a. date Univereal Numhedng system(DONa); D, U91 flatetarevenue): Krlatlu Ramos,(263)612 7083 020263613 173.000-002 litlethIramosomil.wo,gov 10, FundmgAullo ty: Waahin toil State Military De ndment the°DEPARTMENT' ondlhoU.S.Do a m6ntoYHomoInndSgaQ±VjqHS 11, Funding SourmAgreementM I IZ, I-rQgramIHdaxIf & Osjj8uB,ojla. OFDAvtkjq1w 1 14. TIN; EMW-2014-EP-00033•S01 743PT NZ $7.042 EMPG(14) 01-6001269 10, Suvloe oWdolat 10, Sarvloe Area by Dounly(lee)! 17, Womenlm1no ty-Owned,State (BY LEGISLATIVE DISTRICT),33,47 Cor0ffift X NIA n NO (BY CONGRESr,IONAL DISTRICT):B,9,11 w1m L] YBB,OMWBEIP 1B, Agreement ClosalUgatisn 101 Commat Type(ohaat ollihat apply):' ❑ Paraonslftvlods EI 011ent0ewloas X PdbllokooalONt Ct Contract X Grant X Agreement f7 Caliabomilyo R0000 oh 0 Ar ❑ Other, ❑ Inisrgovemmentai (ROW 3g.M) M Inloreganoy 2D. 8u dramao Selection Procaae: zt. 8a"Gmntae type(ohack a2 uralapply X To all Who apply B quality, ❑ CompeUdve Blddlno rl Ptivafo Org o("9onlladlddual ❑ For-Praht 0 8olo fiouroe Ll AIN RCW.. CI NIA X Public OrganfulIvnMuttad)odon U Nan•Peoln !, L7 Flledw/OFM? ❑Advarfland? CI YES ❑NO D VENDOR X SUBHECIPIENT 0 OTHER 22, PURPOSE: Provide ,S, epartmento HamelandSecurty HS) a aralEmergency MarmpemontAtianny (FEMA)Emeraenoy Manngement Performance Grant(EMPG)funds to local Jurisdictions and tribes with emergency Nnaggementprollramslosuetain and enhancothose pr rams esdoscribadfnthoWorkPlan, • IN WITNESS WHEREOF,the Deperment and Sall-GmnWa aoknowledga end wept the lands of,thls Grant Agreement, Including ail referonced Exhibtla and Alieohmenls Whlah are hereby Incorporated In andmade a pad hereof,and have executed thia Grant Agreement as of flia date and year wddan below. This G entAg eament Face Sisal;8psa1el Tehns&cmldnlans(ExhlBg A};Ganerol Ta ma aid Cnndltlons(ltxhlblt B);Walk Plan(pcPoblt 0);Milestone 71malins(fhl6it D);Budget(Exhibit E);and oil other doodmanta,axhiblto and ohaohmapta oxpreas y referenced end Incorpoaed heroin cornain all the tanna and candulans ell uod upon by the peruse and govern the rghtsAoblIgmntshall be hdeemadto exia an and parties y l of ari hernia,undendings,oralorothordso,regordingthoaubjaolmafWr of i Want in the owent of an Inconalotenoy In find WentAflreemant,unlace othervAee provided herald,the mronsletenoy shall be Medved by g vl4g pmwdenca In the following order, 1, Applloablo Federal and State Stetulea and Ragutallone 2, Wod;Plan a, Spoolal Terms and Condillons 4, Oaneral Tome end Oandillons,ond, 6. Other,Erwlola m of tho arentegraernontlncor mated b r lice, _ WHEREAS,the Ogg herefa have exaouted this G ant Agreawe n lh ay and lac peolllad below. FOR 'HE DEPARTMENT: ORT P.LICA 9 aiuro a BI Uta alo Richard A,Woodruff Contracte Administrator oua coke,Mayor Washington Stale MIlltary Department ®��/• ` A i 1301LERPLATE APPROVED A9 TO FORM: 14 Data Wan E.Buchholz (signature on file)0-27.2014 Jing m Sc a hnsidar,Fire Chlel Assistant Attorney General i VELD A�8"TO FORM(If appiicehle): Gant a La si Review Date Form IV/211001allb DHS•FEMA.EMPG•FFY14 Pag of39 city at Kent OEM,E16-13a Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Grant Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel SUB-GRANTEE MILITARY DEPARTMENT Name. Jim Schneider Name Gar Stum In Title Fire Chief Title Program Coordinator L--Mail jschnelder@kentwa,gov E-Mall ga .stum h(o_Dmil.wa.gov Phone 263.856-4311 Phone 263.612.7483 Name Jonnifer'Kelzer Name Kristin Ramos Title EM Specialist Title Program Manager E-Mail JDKeizer@cl,kent,wa.us E-Mall Frfsfin.ramos@mil.wa.gov Phone 263-966.4342 one 253-612.7083 Name Dominic Marzano Name Dalton, amboa namilwa ov Title Division Chief ;E-Mall le Pro ram Assistant E-Mail dmarzano@kentwa.gov Dalian.gamboa ILwa.gov Phone 253.856-4316 one 263-512.7044 ARTICLE. iI. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS I The Sub-grantee shall comply with all applicable state and federal laws, rules, regulations, requlrernents and program guidance identified or referenced in this Agreement and the informational documents published by FEMA applicable to the FY 2014 EMPG Program, including, but not limited to, all criteria, restrictions and requirements of the "Department of Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management Performance Grant" document published by FEMA, the DHS Award Announcement Letter for Grant No. EMW-2014-00033,.and the federal regulations commonly applicable to DNS/FEMA grants,which are incorporated herein by reference, The Sub-grantee acknowledges that since this Agreemenf Involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Sub-grantee agrees that It will not hold the Department,the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or in a particular amount. A, STATE AND FEDERAL REQUIREMENTS FOR DNS/FEMA PREPAREDNESS GRANTS; The following requirements, which must be met prior to reimbursement, apply to all - DHS/FEMA Preparedness Grants adrninlstered by the Department. 1. REIMBURSEMENT&BUDGET REQUIREMENTS a. This Is a fixed price, roimbursoment Grant Agreement, Within the total Agreement amount, travel, sub-contracts,'salaries and wages, benefits, printing, equipment, and other goods and sendoes or other budget categories will be reimbursed on an aotual cost basis unless otherwise provided in this Agreement, DHS-FEMA-EMPG-FFY 14 Page 2 of 38 City of Kant OEM,F.15-135 ICI I � i I ' b. Any travel or subsistence reimbursement allowed under the Agreement shall be paid in accordance with rates set pursuant to RCW 43,03.060 and RCW 43,03,060 as now existing or amended, but shall not exceed federal maximum rates set forth at hftp://www.gsa.gov without prior written approval by Department key personnel. o. Receipts and/or backup documentation for any approved budget line items that are authorized under this Agreement must be malntalned by the Sub-grantee and be made available upon request by the Department, and local, state, or federal auditors, d, The Sub-grantee will submit reimbursement requests to (he 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 HL8,Retmbursements@mil.wa.gov no later than the due dates listed within the Milestone Timellne (Exhibit D), but not more frequently than monthly. e, Any request for extension of a clue date will be treated as a request for Amendment of the Agreement and must be submitted to the Department's Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and can be granted or denied within the Department's sole discretion. f, All work under this Agreement must end on or before the Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Agreement End Date, except as otherwise authorized by written amendment of the Agreement unless written approval is issued from the Dopartment as permitted by amendment, g. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Agreement Amount. h. No equipment or supply costs will be reimbursed until the related equipment/supplles have been received by the Sub-grantee and Invoiced by the vendor. i, Requests for reimbursement of equipment purchases must Include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Sub-grantee's authorized representative that states "all Items Invoiced have been received In good working order, are operational, and have been inventoried according to contract and local procurement requirements". Failure to timely submit complete reports and reimbursement requests as required by this Agreement (Including but not limited to those reports in the Milestone Timelino) will prohibit the Sub-grantee from being reimbursed until such oompletu reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k, Final reimbursement requests will not be approved for payment if the Sub-grantee is not current with all reporting requirements contained In this Agreement, 1. Cumulative changes to budget categories in excess of 10% of the Agreement amount will not be reimbursed without prior written I)HS-FEMA-FMPG-FFY 44 Page a of 38 Clly of Kant Q[M,F15-198 i authorization from the Department, In no case shall the total budget amount exceed the Agreement amount. Budget categories are as specified or defined on the Budget Sheet Exhibit E of the Agreement. Any changes to budget categories other then in compliance with this paragraph will not be reimbursed, M. The Sub-grantee Is to ensure that Federal funds received under this Agreement do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources, The EMPG Program prohibits supplanting, and the Sub-grantee may be required to demonstrate and document that a reduction In non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 2. REPORTING REQUIREMENTS III. The Sub-grantee shall submit with each reimbursement request a report describing completed Work Plan activities for which relmbursement Is sought In the format provided by the Department. b, In conjunction with the next annual grant cycle application process, the Sub-grantee shall submit to the Department's Key Personnel a final report describing all completed activities under this Agreement and new activities for which grant funding will be sought in the upcoming grant cycle's Work Plan, If a Sub-grantee will not be applying for grant funding during the next annual grant cycle application process, the Sub-grantee will submit a final report with Its final reimbursement request to the Department detailing progress on all activities listed In the Work Plan. c. In conjunction 'with the final report, the Sub-grantee shall submit a separate report detailing how the EMPG Exercise and Training requirements were met for all personnel funded in any part through any source of funding under this Agreement. d, The Sub-grantee shall also comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 100-282 as emended by section 6202(a) of Public Law 110 252 (see 31 U.S.C, 8101 note) and complete and return to the Department Attachment#1 attached to and made a part of this Agreement. e. The Sub-grantee shall participate in the State's annual capablllties assessment.for the State Preparedness Report. 3. EQUIPMENT MANAGEMENT All equipment purchased under this Agreement, by the Sub-grantee or a contractor, will be recorded and maintained In the Sub-grantee's equipment Inventory system. a, Allowable equipment categorles for the FY 2014 EMPG Program are listed on the web-based version of the Authorized Equipment List (AEL) located at the DHS Lessons Learned Information Sharing Responder Knowledge Base Home Page sponsored by FEMA at http:llwww,lils,dhs.gov/l(nowledgebaso, Reimbursement will only be provided for purchases of the following equipment; (1) equlpment Identified on the AEL as applicable to the EMPG program for which the Sub-grantee has received written approval'from the Department Key Personnel prior to purchase and, (2) equipment not Identified on the AEL as allowable under the EMPG Program for which the Sub-grantee has pHs-FEMA-EMPG-FFY 14 Page 4 of 38 Glty of Kent OEM,E15-136 I iI received written approval from FEMA through the Department Key Personnel prior to purchase. Sub-grantees must contact the Department Key Personnel for assistance in seeking FEMA approval for purchase of equipment not on the AEL. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or FEMA adopted standards to be eligible for purchase using EMPG Program funds, No reimbursement will be provided unless the appropriate prior written approval has been provided. b. Upon successful completion of the terms of this Agreement, all equipment purchased through this Agreement will be owned by the Sub-grantee, or a recognized sub••rectpient for which a contract, sub-Grant Agreement, or other means of legal transfer of ownership Is in place. c. The Sub-grantee, or a recognized sub-reciplentlsub-contractor, shall be responsible for any and all operational and maintenance expenses end for the safe operation of their equipment including all questions of liability. The Sub-grantee shall develop appropriate maintenance schedules and procedures to ensure the equipment Is well maintained and kept in good operating condition. d, The Sub-grantee shall maintain equipment records that include: a description of the property; the manufacturer's serlal number, model number, or other identification number; the source of the equipment, Including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds the title;the acquisition date;the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the Information was reported; and disposition data including the date of disposal and sale price of the property. e. Records for equipment shall be retained by the Sub-grantee for a period of six years from the date of the disposition, replacement, or transfer, If any litigation, claim, or audit Is started before the expiration of the six year period, the records shall be retained by the Sub-grantee until all litigation, claims, or audit findings Involving the records have been resolved. f. 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-grartee to determine the cause of the difference, The Sub-grantee shall, In connection with the Inventory, verify the existence, current utilization, and continued need for the equipment- g, The Sub-grantee shall develop a control system to ensure adequate safeguards to prevent loss, damage,and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. h, If the Sub-grantee Is authorized or required to sell the properly, proper sales procedures must be established and followed to ensure the highest Possible return. I. When original or replacement equipment Is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: DNS-FEMA-EMPG-FFY 14 Page 5 of 3a City of Kent OEM,E15-135 i 1. 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, il. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Sub-grantee shall compensate the Federal-sponsoring agency for Its share. J. As a recipient of federal funds, the Sub-grantee must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub�oontraotors,consultants, and sub-recipients who receive pass-through funding from this Agreement. I k. The Sub-grantee must obtaln and maintain all necessary certifications and licenses for the equipment. Sub-grantees are solely responsible for ensuring equipment eligibility. 4, ENVIRONMENTAL AND HISTORICAL PRESERVATION The Suh-grantee shall ensure full' compliance with FEMA's Environmental Planning and Historic Preservation(EHP) Program. a. sub-grantees proposing projects that have the potential to Impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilitles, or new construction including replacement of facilities, must participate In the FEMA EHP review process. b, The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. o. The Sub-grantee agrees that to receive any federal preparedness funding, all EHP compliance)requirements outlined in applicable guidance must be met, The EHP review process most be completed before funds are released to carry out the proposed project. 6. PROCUREMENT The Sub-grantee shall comply with all.procurement requirements of 44 CFR Part 13.36, Procurement and as speclfled in the General Terms and Conditions, Exhibit B, A,28. All sole source contracts expected to exceed$100,000 must be submitted to the Department for review and approval prior to the Sub-grantee's award and execution of a contract. This requirement must be passed on to all of the Sub-grantee's sub-contractors, at which point the sub-grantee will be responsible for reviewing and approving their sub-contractors' sole source ]ustifications. 6. SUB-GRANTEE MONITORING a. The Department will monitor the aotivities of the Sub-grantoo 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 thls Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulatlons, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Proflt Organizations. b, To document compliance with OMB Circular A-133 requirements, the Sub-grantee shall complete and return to the Department Attachment#2 "OMB Circular A-133 Audit Certification Form"with the signed Agreement DHS-FEMA-FMPG-FFY A Page 6 of 38 City of Kent OEM, E16A36 i I and each fiscal year thereafter until the Agreement Is closed, upon which the completed form is incorporated in and made a part of this Agreement. G. Monitoring activlties may Include, but are not limited to: t, review of performance reports; 11. monitoring and documenting the completion of Agreement dellverabies; III, documentation of phone calls, meetings, a-malls and correspondenoo; iv, review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget and federal requirements; v, observation and documentation of Agreement related activities, such as exercises, training,funded events and equipment demonstrations; vl. on-slte visits to review equipment records and Inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of delivershles, d. The Sub-grantee is required to most or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, end sub-reciplents who receive pass-through funding from this Agreement. 7. NIMS COMPLIANCE 1 a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencles from preparedness to recovery regardless of their cause, size, location, or i oomplexlty. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or Jurisdictions to work together to build, sustain and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across Jurisdictions and disciplines to ensure effecflve 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. Q. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2014 (FFY14) federal preparedness funding, to Inolude EMPG, NIMS compliance requirements for 2014 must be met. E. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from the DHS/FEMA,which is provided to assist state, local and tribal governments enhance and sustain ail- hszards emergency management capabilities as authorized by Robert T.Stafford - Disaster Relief and Emergency Assistance Act, as amended (42 U.S,C. §§ 5121 et seq) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. $762). 2. The Sub-grantee shell comply with all applicable federal laws, regulations and guldence referenced In the "Department of Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management Performance Grant" document published by FEMA, winch can be found at http;//wmv,fema.govipreparedness-non-disaster-grants and are hereby Incorporated In and made a part of this Agreement. 3, A portion of the FFY•14 EMPG grant was Identified by the state to be passed through to local jurisdictions and tribes with emergency management programs bHS-FEMA-FMPC-FFY 14 Page 7 of 38 City of Kant OFM,E15-135 to supplement their focalitribal operating budgets to help sustain and enhance emergency management capabilities under WAC 118-09. 4. The Sub-grantee shall use the EMPG funds authorized under this Agreement only to perform tasks as described In the Work Plan of the Sub-grantee's application for funding, as approved by the Department and incorporated Into this Agreement. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5. The Sub-grantee shall provide a fifty percent match of $93,626 of non-federal origin. To meet matching requirements, the Sub-grantee cash matching contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, Including but not limited to 2 CFR Pan 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. o Exercises that are implemented with EMPG Program funds under-this Agreement must meet the requirements of the FFY14 FMPG 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 poriod'. 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 IS244. C, DiAS FFY14 EMPG TERMS AND CONDITIONS As a reciplant of EMPG Program funding, the Sub-granteo shall comply with all applicable DHS terms and renditions of the FFY14 EMPG Award Letter documents for DHS Grant No. EMW-2014-EP-00033, which are incorporated herein by reference, Including but not limited to the following; 1. Administrative Requirements — The administrative requirements that apply to DHS award recipients originate from two sources: a. Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local Governments (also known as the "A-102 Common Rule"), These A-102 requirements are also located within DHS regulations at Title 44. Code of Federal Regulations (CFR)Part 13, b. OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nan-Profit Organizations, relocated to 2 CPR Part 215, 21 Cost Principles-- The cost principles that apply to DNS award recipients originate from one of the following sources: a. OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CPR Part 220, b. OMB Circular A-87, Cost Principles for State, Local, and Indian TNdal Governmonts, roiooated to 2 CFR Part 223. c. OMB Circular A-122, Cost Principles for Non-Profit Organizations, relocated to 2 CPR Part 230. 3, Audit Requirements -- The audit requirements for State, Local and Tribal recipients of DHS awards originate from OMB Circular A-13% Audits of Slates, Local Governments and Non-Profit Organizations. 4, Acknowledgement of Federal Funding from DHS -- The Sub-grantoo must acknowledge Its use of Federal funding when Issuing statements, press releases, DHS.FEMA-EMPG-FFY 14 Page 8 of 30 City of Kant OEM,E16.136 i i , requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds, 5. Activities Conducted Abroad--The Sub-grantee must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 6. Ago Discrimination Act of 1975 (42 U.S..C. § 6101 at soq) -- The Sub-grantee must oornply with the Act, which prohibits discrimination on the basis of age In any program of activity receiving Federal financial assistance. 7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101-12213)—The Sub- I grantee must comply with the requirements of Titles I, 11, and III of the Act, which prohibits recipients from discriminating on the basis of disability In the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 8, Best Practices for Collection and Use of Personally identifiable information (Pil)— If a Sub-grantee collects Pll, it Is required to have a publically-available privacy policy that describes what Pit they collect, how they use the PII, whether they share Pil with third parties, and haw individuals may have their PII corrected where appropriate, The DHS Privacy Impact Assessments is available as a resource on this requirement at: http:]Mww.dtis,gov/xiibrary/assets/privacy/prlvscy—pla_g uidancojune2010.pdf and http;//www.dhs.gov/xiibrarylassets/privacy/privacy_pla template.pdf, respectively. 9. Title VI of the Civil Rights Act of 1964 (42 U,S.C. § 2000d at seq.), codified at 6 CFR Part 21 and 44 CFR Part 7 -- The Sub-grantee must comply with the requirements of the Act, which provides that no person in the United States will, on the grounds of race, color, or natlohal origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 10, Civil Rights Act of 1968 — The.Sub-grumee must comply with the Act, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provlslon of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 at seq.), as implemented by the Department of !lousing and Urban Developmant at 24 CFR Part 100, The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units--i.e., the public and common use areas and individual apartment units (all units In buildings with elevators and ground-floor units in buildings without olovators)—be designed and constructed with certain accessible features(see 24 CFR § 100.201). _ 11. Copyright— The Sub-grantee must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other Information subject to national security or export control laws or regulations). 12. 0abarment and Suspension —The Sub-grantee must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed lrresponsiblo in their dealings with the Federal government. p1i5-FEMA-EMPG-FFY 14 Page 9 of 38 City of Kent OEM,EIU-136 i 13, Drug-Froo Workplace Regulations -- The Sub-grantee must comply with the Drug-Freo Workplace Act of 1968(412 U.S.C. §701 et seq.),which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace.These regulelions are codified At 2 CFR 3001. 14, Duplication of Benefits — The Sub-grantee must comply with 2 GFR Part 225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund def ciencles. 15, False Claims Act and Program Fraud Civil Remedies— The Sub-grantee must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. % Federal Debt Status—The Sub-grantee is required to be non-delinquent In their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424B, Item number 17 for additional Information and guidance, 17, Fly America Act of 1974 — The Sub-grantee must comply with Preference for U.S. Flag Air Carriers; (air carriers holding certificates under 49 U.S.G. §41102) far International air transportation of people and property to the extent that such service is available, In accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S,C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, '1981, amendment to Comptroller General Decision 13138942. i 18. Hotel and Motel Fire Safety Act of 1990—In accordance with Section 6 of the Act (15 U.S.C. §2225(a)),the Sub-grantee must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal File Prevention and Control Act of 1974, 15 U.S.C. §2225, 19. Limited English Proficiency (civil Rights Act of 1964, Title VI) — The Sub- grantee must comply with the Act's prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral Interpretation and +written translation.. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered In developing program budgets. Executive order 13.166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required reolpient gudance In April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting limited English Proficient Persons,. 76 Fed, Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful Information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS DHS-FEMA-EMPG-FFY 14 Pago 10 of 38 city of ISmit OCM, F15--135 i Recipient Guidance http:liwww.dhs.govlguidance-published-help depariment- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www,lep.gov. 20, Lobbying Prohibitions — The Sub-grantee must comply with 31 U,S.C, § 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. 21. Non-supplanting Requirement -- The Sub-grantee must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds, 22. SAFECOM — If the Sub-grantee Is awarded funds to provide emergency communication equipment and related activities, the Sub-grantee must comply with the SAFECOM Guidance for Emergency Communication j Grants, including provisions on technical standards that ensure and enhance - interoperable communications ! (hitp:/Iwww.safec,,omprogram.gov/ecg/2014,.,3afecotii—guidance final,pdf). 23. Title iX of the Educatlon Amendments of 1975 (Equal Opportunity in Education Act) — The Sub-grantee must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.),which provides that no person In the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CPR Part 17 and 44 CFR Part 19. 24, Tra{ficldng Victims Protection Art of 2000—The Sub-grantee must comply with the requirements or the government-wide award term which implements Section 106(g) of the Traffioldng Victims Protoction Act(TVPA) of 2000, as amended (22 U.S.C, §7104), located at 2 CFR Part 176. This is Implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No,.218, November 13,2007. + 4 In aocordanee with the statutory requirement, the Agreement shall be terminated, without penalty, If the Sub-grantee; a. Engages In severe forms of trafficking In persons during the period of time that the award is In effect; b. Procures a commercial sex act during the period of time that the award is in effect; or c, Uses forced labor in the performance of the award or subawards under the award. 25. Rehabilitation Ac1 of 1973—The Sub-grantee must comply with the requirements of Section.504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual In the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to dlscriminatlon under any program or aoWity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment, bHS-FEMA-EMPG-FFY 14 Page 11 of 58 city of Kant OEM,E15-135 i I i I 26, USA Patriot Act of 2001 —The Sub-grantee must comply with the requirements of the Uniting and Strengthening Amarice by Providing- Appropriate Tools Required io Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U,S,C, §§ 175-175c, Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that Is not reasonably justified by a prophylactic, protective, bona fide research,or other peaceful purpose. 27. Use of DNS Seal, Logo, and Flags — The Sub-grantee must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 28, DHS Specific Acknowledgements and Assurances — The Sub-grantee acknowledges and agrees, and will require any s.uh-raclplonts, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,facilities, and staff, a. Cooperate with any compliance review or complaint Investigation conducted by DHS, b. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related 10 the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance c. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate back-up documentation to support the reports. d. Comply with all other special reporting, date collection, and evaluation requirements, as prescrlbed by law or detailed program guidance. e. If, during the past three years, the Sub-grantee has been accused of discrimination on the grounds of race, color, national origin (Including limited English proficiency), sex, age, disability, religion, or familial status, provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil!-loonies. f, h1 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 famtilal status against the Sub-grantee, or the Sub-grantea settles a case or matter alleging such discrimination, the Sub-grantee must forward a copy of the complaint and findings to the DHS Component andlor awarding office. The United States has the right to seek Judicial enforcement of these obligations, DNS-FEMA-EMPO-FFY 14 Paas 12 of 38 City of Kent OEM,E155-1so 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. e. "Sub-grantee Agent" means the official representative and alternate designated or appointed by the Sub-grantee In writing and authorized to mako 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 it 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, o. "Monitoring Activities" means all odminlstrative,financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, authorities and policies, f. "Investment Justification" means grant application investment justification submitted by the sub grantee describing the project for which federal funding is sought and provided under this Grant Agreement. Such grant application Investment justification is hereby incorporated Into this Grant Agreement by reference. g, "PL"—is defined and used herein to mean the Public Law. h, "CFR"—is defined and used herein to mean the Code of Federal Regulations. I. "OMB"—is defined and used herein to mean the Office of Management and Budget. j, "WAC"—is deflbod 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 entitles, as subrecipients of a federal award, that expend$800,000 or more In one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-spoclfic audit conducted in eccordance 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-fec[eral entities that spend less than $600,000 a year In federal awards are exempt from federal audit requirements for that year, except as noted In Circular A-133. As defined in Circular A- 133, the term "non-federal entity" means a State, local government, or non-profit organization, and the term "State" includes Indian tribes. Circular A-133 is available on the OMB Homo Pago at http:llwmv.omh.gov. SUB-GRANTEFS that qualify as subrecipients required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found In the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Complianeq NH6-FEMA-EMP0-FI=Y 14 Page 0 of 88 city of Kent OEM,El6-135 i I i Supplement. The SUB-GRANTEE has the responsibility of notifying Its auditor and requesting an audit in compliance with Circular A-133, to Include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by Circular A-133. The SUB-GRANTEE shall maintain audltable records and accounts so as to facilltate the audit requirement and shall ensure that any sub-contractors also maintain aLich,bie 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 quostloned 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 98430-6032 The DEPARTMENT retalrls the solo discretion to determine whether a valid claim for on exemption from the audit requirements of this provision has boon established. The SUB-GRANTEE shalf 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, tho $UB-GRANTEES failure to comply with said audit requirements may result 10 one or more of the following actions In the Department's solo 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 fedora[award. DI15-FEMA-EMPG-FFY 14 Page 14 of 38 City of Kent OEM,E16-136 A.3 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance, or in anticipation of goods or services to be provided under this Agreement. SUB-GRANTEE shall not Invoice the Department In advance of delivery and invoicing of such goods or services, A,4 AMENDMENTS AND MODIFICATIONS The SUB-GRANTEE or the DEPARTMENT may request, In writing, an amendment or modification of this Grant Agreement, However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other understandings or agreements, written or oral, shall be binding on the parties. A.6 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 42 U S b 12b 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, rides and regulations, AJ 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 voluMarlly 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 Voittntary 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- recip'lents 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 sup-reciplents for any amount. With respect to covered transactions, the SUB-GRANTEE may comply with this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or by checking the System for Award Management {httgLiwww.sam.goy) 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" (hflP://www.Inl,wa.ciovLTradesLlo8nsin.q/PrevWige/Aw—ardjrig Aclencles/DobarredGontraetorsll. The SUB-GRANTEE also agrees not to onter into any agrcements or contacts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (hh p:llwww de4 wa gov/servcns/ContractingPurchaslnq/Business/PagesNendor- Debarmrrnt.aspx). DFIS-FEMA•CMPC-FFY 14 Page 16 of 38 City of Kent OEM,E16-135 i i 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, [tie entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan,or cooperative agreement; (2) that If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influenco 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 Instruction's; (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-contraots, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-reciplents shall certify and cilsclose 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 responsibllitlos 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 paiformod In connection with the project assisted under this Grant Agreement, The SUB-GRANTEE shall Incorporate, or cause to Incorporate, in all such contracts or subcontracts,a provision prohibiting such Interest pursuant to this provision. AA COMPLIANCE WITH APPLICABLE STATUZES RULES AND DEPARTMENT POLICIES The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT Is not responsible for detennining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policles• This obligation Includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-168, 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 42.62), 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 43.210), Shoreline Management Act of 1971 (RCW 90.68), State Bulldldg Code (RCW i 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 ]is 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, CH8+KmA-EMPa+YY 14 Page 16 of 33 City of{Cent OEM,E16.135 I I i AA1 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 complywith the state Public Records Act, other law or court order: A,12 DISPUTES Except as otherwise provided In this contract, when a bona fide dispute arises between the parties and It cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is`understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party, No joint venture or partnership Is fanned 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 206.0 Non-Ilabillt , 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 pail of a federal agency or an employee of the federal government In carrying out the provisions of the Stafford Act. A,14 LIMI_TATiONOFAUTHORITY—AUTHORIZEDSIGNPTURE 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 SUES-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 op condition of this Grant Agreement. Any alteration, amendment, modification, or waiver nHS-FEMA-EMPO-FFY'14 Page 17 of 36 city of Kent OEM,E15-135 it II it I of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both parties Authorized Signature representatives, Further, only the Authorized Signature representative or Alternate for the SUB- GRANTEE shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A,15 LOSS OR REDUCTION OF FUNDING' In the event funding from state, federal, or other sources Is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause"without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modificatlons" 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. AA8 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 compllanco. 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 perfonnance under this Grant Agreement. To the extent allowed by law, the SUB-GRANTEE further agrees to indemnify and hold harmless the j 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 PACILITIES The DEPARTMENT makes no calm 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 ail 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, i OHS-FEMA-EMPG-FFY 14 Page 18 of 38 City of KeOOEM,E15-135 I i A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall he used for any partisan political activity or to further the election or defeat of any candidate for public office or Influence the approval or defeat of any ballot Issue. A,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, ether 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 ail advertising and publicity matters relating to this Orant 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 FFMA'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 PRQVISION In the event the SUB-GRANTEE falls to expend funds under this Agreement in accordance with applicable federal, state, and local laws and/or the provisions of the Grant Agreomont,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 ten»Ination. 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, l 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 f 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 determhno the appropriate level of funding to be paid under the Grant Agreement, o. 'rho records shall be made available by the SUB-GRANTEE for such inspection and audit, together with suitable apaoe for such purpose, at any and all times during the SUB-GRANTEFs normal working day. i DHS-FEMA-EMPG-FFY 14 Pogo 19 of 38 Oily of Kent QEM,E15--'135 d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant Agreement and the funded project(s)for a period of at least six(6) years following final payment and closure of the grant under this Grant Agreement, A,26 RESPONSIBILITY FOR PROJECT/STATEMENT CF WORKIWORK 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 responsibillty 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 SUES-GRANTEE, as is responsibillty for any claim or suit of any nature by any third party rotated 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 clearanoes 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, ossistanoo, 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 :Jl B-CONTRACTING The SUB-GRANTEE shall use a competitive procurement process in the. award of any contracts with contractors or sub-contraotora 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 Requlroments for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as apielicoNo to the SUB-GRANTEE. Sub-Grantees must comply with the following provisions regarding procurement, and all Sub-Cranteo contracts with sub-oontractors or sub recipients must contain the following provisions regarding procurement, per44 CPR Part 13.36(l): 1. Administrative, contractual, or legal remedies in Instances whore 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 of 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, 1906, entltled "Equal Employment Opportunity," as amended by ExeCLIWe Order 11376 of October 13, 1967, and as supplemented In Department of Labor regulations (41 CFR chapter DI]a-FFMA-FMPG-FFY 14 Page 20 of as City of Kent OEM,E15-135 il! 60), (All construction contracts awarded In excess of$10.000 by grantees and their contractors or sub-grantees), 4, Compliance with the Copeland"Antt-Kickback"Act(18 U.S.C. $74) 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 6), (Construction contracts awarded by grantees and sub- grantees in excess of $2,000, and in excess of $2,500 for other contracts which Involve the employment of mechanics or laborers), 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8, Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed In the course of or under such contract. 9, Awarding agency requirements and regulations pertalning to copyrights and rights In data. 10.Access by the grantee, the sub-granted,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 appllcablo standards, orders, or requirements Issued under section 306 of the Clean Air Act(42 U.S.C• 1857(h)), section BOB of the Clean Water Act(33 U,S,C. 1368), Executive Order 11738,end 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, 69 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 Pad 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 eligibiilty of project costs. All sub-contracting agreements entered Into pursuant to this Grant Agreement shall Incorporate this Grant Agreement by reference. A.20 SUB-GRANTEE NOT EMPLOYEE The parties Intend that an independent contractor relationship will be created by this Grant Agreement, The SUB-GRANTEE, andlor 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 CHS-FF.MA•EMPo-FFY 14 Page 21 of 311 City of Kent OEM,E15-135 I'i I employee of the DEPARTMENT or of the Slate of Washington by reason of this Grant Agreement, nor will the SUB-GRANTEE make any cialm, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment Insurance benefits, social security benefits,retirement membership or credit,or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It Is understood that it 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 Tegulation that are applicable to Grant Agreement performance. A.31 TERMINATION FOR CONVENIEf�CE Notwithstanding any provislons 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. Excopt 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 Agreeient In whole or In part by providing ten (10) calendar days written notice, beginning on the second day after malting to the SUB-GRANTEE. Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspond 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 performehce 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 GrantAgreement 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,noed 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 oorrective action is deemed by the DEPARTMENT to be insufficient, the Grant Agreement may be terminated in whole or In part, DHS-FEMA-EMPG-FFY 14 Page 22 of 30 city of I<ent OEM,E16.135 i The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUB-GRANTEE, If allowed, or pending a decision by the DEPARTMENT to terminate the Grant Agreement in whole or in part. In the event of termination, the SUB-GRANTEE shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the,origlnal 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 dellver 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 shell 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 torminatton, and the amount agreed upon by the SUB-GRANTEE and (lie DEPARTMENT for (I) completed work and services and/or equipment or supplies provided for which no separate price is stated, ((i) partially completed work and services andlor equipment or supplies provided which aro accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the DEPARTMENT, and (Iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability of the DEPARTMENT.- The DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination. The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum as the DEPARTMENT determines to be nocessuiy 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 recelpt 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 he 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(lines, and to the extent directed by the DEPARTMENT, all of the rights, title, and interest of tho SUB-GRANTEE under the orders and sub-contracts so terminated, In which case the DEPARTMENT DHS•FEMA-FMPGFFY 14 Page 23 of 30 Cily of Kom OGM,G16-"3 i i has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and sub-contracts; d, Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT may require,which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the DEPARTMENT and deilver 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 fMWBEj The SUB-GRANTEE Is encouraged to utiilzo 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 utillzaflon standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified In WAG 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 preach, 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 Elie parties arising out of this Grant Agreement shall be the Superior Court of Thurston county, Washington. The SUB-GRANTEE, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. DHS-FEMA-EMPG-FFY 14 Page 24 of 38 City of Kant OEM,EIS-135 Exhibit C 14EMPG WORK PLAN Emergency Management Organization: City of Kent—Office of Emergency Management The purpose of EMPG is to assist with the enhancement,Bust' and Improvement of state, local, and tribal emergency management programs.AoUvitles 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 arllvitles to receive EMPG funding. I lowever, there are required capabllltlos 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 NIBS compliant. The Work Plan delineates the EMO's emergency management program planning and priority focus for this grant cycle(to include 14EMPG grant and local funds). Program Area#9 Public Educatlon f Community Training To educate the citizens of the types of disasters and threats that could happen In this region and to help them uridorstand ways they can prevent, asslet and help In the during the different phases of a disaster, By having more citizens tralned and/or having a greater understanding of what to do In a disaster it will help In the rebuilding of our community by having fewer injuries and less strain on emergency ersonnel. Emergency Management Function: Crisis Communlcations,Public Educatlon and Information Sustairnaient or # Activity Enhancement Community Emergency Response Team (CERT) sustainment Teach two Iterations of the full 8 week long FEMA CERT course using the approved curriculum. Accommodate students from the general citizenry in Description: Kent and Fire District 37, the business community In the greater Kent area, y and employees from the City of Kent, City of Covington, Kent Fire w Department, and KentlGovington Schools Buslness/Neighborhood/School Trainings sustainment 2 Conduct public disaster I emergency preparodness education programs for 4 Descriptions the citizens, schools, end businesses in the community. CERT Continuing Education sustainment 3 Conduct continuing education classes for past CERT graduates, to improve Desrrlptlonr and refresh skills, and to enhance ability to respond in the community, Program Area#2 Kent Communication Support Team(KCST) KCST's primary role is providing communications for the ECC'and staffing RFA station emergency communications,and meets and trains regularly to maintain a roster of competent communications volunteers, KCST conducts weekly drills and periodic regionaltstatewide exercises such as field day, the great shakeout and on 5th Saturdays.The emphasis in on filling communications gaps Identified in the communication plan. Gaps were related to otifficiont trained staff, a moblie communications cache, and communications Interoperability with dispatching qijqriclosjaqd neighboring jurisdictions. Emergency Management Function: I Crisis Communications, Public Educatlon and Information DH8-FEMA-EMPG-FFY 14 Page 25 of 38 City of Kent OEM,E16-136 I i i Sustainment or # Arfivty Enhancement Field Day sustainment KCST participates in the annual"Field Day"nation-wide exercise which emphasizes emergency communications.This two-day exercise is conducted in the field and relies on emergency power; and provides a Description; chance to test the gasoline generators and our disaster communications center kits, as well as coordinaflon with local CERT teams. i 5th Saturday Drill enhancement Kent Communications Support Team(KCST)to holds a drill on each 5th Saturday in 2 01 411 01 5. In addition to taking part in the emergency scenario 2 designed by the state EMD. KCST conducts its own exercise to achieve Descriptlow local objectives.The drill Includes communicating with King County, regional EOC, and with the state l_MD In a variety of redundant communications, such as phone,fax, amateur radio, and email, Weekly NETS/Regular meetings sustainment Weekly nets are radio-based"meetings" requiring members to use radio equipment to check-In, pass formal or informal messages,and verify the 3 proper operation of their equipment. The"net control' role is rotated through Desaipffon: the membership to give each practice in this important skill. In addition, the KCST team meets monthly to conduct business and offer short training sessions on technical and preparedness topics. Developing mobile communications capability enhancement The KCST continues to enhance Ito mobile/portablo communications capability by re-activating a portable"disaster communications center"for 4 the City. In addition, some older equipment is being re purposed to serve as Descripflon: a part of a radio cache to be distributed as needed in an emergency situation.Along with the positioning of equipment, procedures and trainings are in development to make more Volunteers competent in system use. Participate In development of regional communication plan enhancement Team members participate In the development of a regional communications 5 plan by documenting equipment, procedures, and systems ourrently used in -- Description: the Kant F-.CC, Based on identifled capabilities and gaps, recommendations are made to resolve the problems and Implement best practices. Program Area#3 community Events To discuss with the community the importance of disaster preparedness and make them aware of the disasters I threats In our community. Also to teach our younger community the importance of preparedness through activities geared towards kids of all apes. Emergency Management Function: ICrisis Communications, Public Education and Information DHs-F'EMA-EMPG-FFY 14 Page 26 of 38 City of Kent OEM,E164M I Sustainment or # Activity Enhancement Cornucopia 1 Covington Days sustainment 1 Set up and staff visual public display emergency preparation booths for(2) Descriptlow large citywide events (Kent Cornucopia Days and Covington Days); and distribute preparedness Information and flyers. National Night Out I sustainment National Night Out(NNO) is a neighborhood crime prevention end 2 preparedness event held every August. Kent OEM visits with multiple Descriptlon: neighborhoods to hand out disaster preparedness Information and talk to the community about personallnetghborhbod disaster preparedness and the CERT Class. Kid Safety Day sustatnment H King County Fire& Life Safety Assoclatlon host's the Annual Kid's Safety Day at the museum of flight every July. Fire/Police/Emergency Management 3 Departments from the region get together to talk to kids about safety, Kent Description: OEM has a tent for kids to participate in a preparedness activity and also hands out flyers and information to parents to include disaster preparedness and CERT training Opportunities, You, Me,We Event sustatnment I A free annual event in Kent every August to celebrate kids in the community, 4 Desot'iption: with a preparedness activity booth for kids, as well as handing out important disaster preparedness Information to children and adults. School Events sustainment 5 Conduct disastarlemergency preparedness education programs for the Doscription: schools in the oommunity. Program Area#4 Operational Communication Ensure communication is maintained and personnel are well trained;,participate in multiple radio drills; develop a backup radios stem plan to ensure redundant communications In a disaster. Emergency Management Function; I crisis Communications, Public Education and Information Sustalnment or # Activity Enhancement CEMNET j sustainment Work with EMD to ensure Comprehensive Emergency Management Network f (CEMNET) capability is maintained and participate in scheduled testing Description. between local Emergency Operatoons Center(EOC) or similar facility and the rn state EOC, w Citywide Radios sustalnment Conduct a monthly Citywide radio drill on the 800 MHz radio Kent Citywide 2 Desarip$on: Radio System between the Kent FCC end all designated Department Operating Centers (DOC's). County 800 MHz sustainment 3 Desodpilon; Participate in the King County 800 MHz radio test monthly, h 1 VHF sustainment DHS-FEMA-EMPG-FFY 14 Page 27 of 38 City of Kent GEM,El6-135 Description: Working with City Radio shop to develop a backup radio system and communications plan. Program Area#5 Exercises/Testing/Training Continue to enhance capabilities through testing,exercises and training. Emergency Management Function; I Exercises, Evaluations and Corrective Actions Sustainment or # Activity Enhancement School Exercises/trainings enhancement t Description: To participate in the design, conduct,and evaluation of at least one exercise during the performance period. 2 Great Washington Shakeout enhancement Description.'FTb participate in the Great Washington Shakeout 2014.Exercise. ECC Setup I Drills iTralnings I enhancement 3 Continue to conduct monthly ECC in service days to test systems on a pascriptlon; rotating basis. All systems such as electronics, displays,forms, and other material required for activation are checked and tested. Collaborative training with NGO's,FBO's and other regional partners enhancement 4 To participate In the design, conduct and evaluation of drills/exercise pesorrption: /trainings with area Non-Governmental Organizations (NGOs), Faith Based Organizations (FBOs), and other regional partners. Program Area#6 Professional Development Continue to enhance professional development of staff through attendance to conferences,tralnings, and Classes, Emergency Management Function; I Training Sustainment or # Activity Enhancement Conferences sustainment 1 Send staff to approved conferences, such as but not limited to, Partners In Description: Preparedness and WSEMA to enhance personnel professionalism in emergency management, Trainings I Classes sustainment 0) p 2 Send staff to approved available trainings/classes to enhance professional Description: development in emergency managernont. v - C EMI I sustainment 3 Sond staff to approved available FEMA EMI (Emergency Management Description: Institute)classes to enhance professional development in emergency management, WSEMA, Partners, IAEM,Zone 3 EM, EMAC sustainment 4 pescription: I Participate in local emergency management organization meetings. DI-IS-FEMA-EMPa-FFY 14 Page 28 of 38 City of Kent OEM,E'15.135 i , Program Area 97 Planning Continue to review, coordinate, and participate In required and other planning that supports}Cent Emergency Management. Emergency Management Function: Operational Planning sustainment or # Activity Enhancement CEMP sustainment To review the Comprehensive Emergency Management Plan (CEMP) and 1 supporting Emergency Support Functions (ESFs)for compliance with both Description: the National Response Framework and National Incident Management Systom. update plan based on gaps Identified during exercises and incident response. COOP sustainment � ' vi 2 Desrripfiorrr To continue to coordinate COOP plan development for all city departments, w review draft plans and assist with standardizations for essential functions, Sara Titio-Tier Il 1sustainment 3 To Receive, Review and Document Tier Is from Hazmat facillties In Kent, Description: updating to close gapo identified during exercises and Incident response. NIMS Isustainment 4 To be#uliy compilont with Federal National Incident Management System Oesrrlplionr (NIMS}training requirements, and track personnel training completion. or groups (Citizen Corp, Mass Care, LEPC, EPC, RCPG) sustainment 5 To continue participation In and/or conduct local emergency management Description: workgroups/meetings,Including LEPC (Local Emergency Planning Group), EPC(Kent Emergency Planning Committee), RCPG(Regional Catastrophic Planning Grou Mass Care and Citizen Cor Program Area #8 Upgrades/Improvements Fx and the capabilities and effectiveness of the Kant ECC, DOC's, Volunteer Management and KCST. Emergency Management Function: Operations and Procedures Sustalnment or A Activity Enhancement ECC enhancement 1 Identify enhancement opportunities of the Kent OEM FOC and plan for Desciiptlonr upgrades and updates. _ DOC enhancement to 2 Identify enhancement opportunities of Kent DOC's(Department Operating w t7esrriptio0. Centers functionallties and capabilities and !an for upgrades and updates, a ) p P pg p . tiVolunteerpAanagement enhancement 3 Develop and train a volunteer team to support multiple functions within the Description: ECC and/or Disaster Preparedness/Recovery as per WAG 118.04 KCST I enhancement 4 Acquire and deploy approved mobile radio equipment to provide emergency Description: backup communications service for all responder sites,to inolude training of o erators and assembling of mobile kits which are self contained and DI IS-FEMA•EMPG-FFY 14 Page 29 of 88 City of Kant OEM,E15-138 supports both voice and data communications, independent of commercial communications infrastructure. Obtain a cache of emergency communications a uipment. Program Area##9 Public Information and Warning Continue to communicate with the public via multiple ways in order to relay emergency Information, preparedness info, claasitrainings schedules or any other import nt Information that the public may need. Emergency Management Function: I Communications and Warning Sustainment or #6 Activi Enhancement Code Red sustelnment I TO maintain and update the reverse 911 community alert system (CodeRod) Description; for Kent. Social Media (Face Book,Twitter) sustainment L Description; I-o utilize the city and fire dept. social media channels to communicate with the community, Webslte sustalnment N 3 To utilize the city and fire dept.WobPages as a resource for outreach and w Description; information to Ehe local,regional, and business communities, H 5 Emergency Alart System (EAS) sustalnment c~i Work with the local Area Emergency Alert System (PAS) Committee to Q 4 complete a EAS plan and the Local Relay Network(LRN)per existing Description; guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Community Rating System (CRS)I Storm Ready sustainment Review the requirements for the FEMA Community Rating System Including j 5 any impact analysis reports and ORS activities, Coordinate activities with Description: Public works to determine activities necessary and achievable to reduce Insurance premiums; participate and renew Storm Ready Communities within Kent. _ Program Area##10 Hazard Mitigation Work fo mitigate known hazards to the area and research current and new threats. Develop programs and procedures when necessary to address hazards, Emergency Management Function. I Hazard Mitigation sustainment or # Activity Enhancement Research and mitigation plan development for different hazards In the sustainment Kent area. (Landslides, oil/coal trains, atc) fill1 Continue public awareness level for current and future hazards and threats Description: to the region. Incorporate Into existing plans and procedural. Pipeline awareness and plan development I sustainment a 2 Description: Continue an awareness of hazards associated with pipelines.Attend local and regional meetings/training to address issues. 3 Cybar security sustainmont I)HS-FEMA-EMPG-FFY 14 Page 30 of 38 City or Kent ORM,E15-115 Continue an awareness of cyber security Issues and how they relate to emergency management. Coordinate work with information technology Dascrlptlon: department to enhance security:Attend local and regional meetings& trainings to address Issues. Plan Maintenance-for Hazard Mitigation Plan sustairnnent a Review and update hazard mitigation plan In coordination with King County Description; OEM. Program Area#11 Marketing and Information Support To expand our services to non-English speaking or hard of hearing/deaf community and to increase marketing through multiple channels to Include vehicle graphics,marketing documents,flyers, and to Increase ability document development to enhance the emergency management program. Emergency Management Function: Administration and Finance Sus'tainrnent or # Activity Enhancement Interpretation and Translation services enhancement t To utfllze interpreters or translation services when needed in Descrlpflonr tralningslexerclses In order to communicate effectively with the publio. Vehicle Graphics enhancement 2 To enhance vehicles with graphics that supports the emergency Description: management mission and the KCST team. Document and mamlal printing I enhancement 3 Printing of Emergency Management documents and manuals for public Descrtptlont education distribution, d Document development enhancement 4 Creation of documents for our ECC, DOC,KCST, etc,to enhance functional Descriptlonr ability dovelo ment enhancement Technology p 5 Description: Research and update approved software and other related technology, and develoo or research systems that serve the community more efficiently. Program Aroa 912 OEM vehicles Purchase 2 cargo vans; 1 cargo van for Kent Communications Support Team (KCS ) and 1 cargo van for Kent Office of Emergency Management.There is no plan to replace current vehicles from local funding. Emergency Management Function: Crisis Go nmunications, Public Education and Information Sustainment or it Activitv Enhancement DHS-FEMA•EMPG-FFY 14 Page 31 of 88 Clty of Kent OEM,EI5-185 I Purchase Vehicles orihancement w Descrlption: purchasing of two approved cargo vans. Equip Vans sustalnment 4 Descr/ption: Equip vans with the necessar/equipment such as radios, antennas, computers, eto.,to achieve operational objectives i Program Aron#13 LEPC Continue to support the growth of regional hazmat response and facility coordination through trainings and ddlis. Coordinate and conduct analysis of crude oil movement through the valley and its impacts. Continue database support for Tier II eiteslintegrate Into response access. Ensure EPCRA mandates are met. Emergency Management.Function: Hazard Identification, Risk Assessment, and Consequence Analysis �MSustainment or # Acilvltv Enhancement Drills 1 Exercises sustalnment Coordinate with Zone 3 hazmat teams to conduct drills and exercises In 1 existing facilities or through simulation to test plans, personnel, and Description: equipment capabilities. Continue to Coordinate with Zone 1 &Zone b hazmat teams regarding collaboration of functionality, Hazmat Mitigation Emergency Response Plan(HMERP) sustalnment w 2 Update the Kent HMERP to include recent changes and data inputs 5 Doscr7ptlnnt regarding Tier II sites, response areas, and overall mission guidance. Local 1 Regional Meetings sustainment Represent the LEPC on the King County Emergency Management Advisory 3 Committee atthe monthly meetings. Participate with the King County LEPC, Description; Conduct Kent LEPC meetings as needod and supportwebsite accuracy on current events related to hazardous materlals. Database Management I sustainment 4 Description; Expand the Tier 11 database created by Kent LEPC for use by external partners such as King County and Zone 3 hazmat partners and affiliates. i DHR-FEMA-EMPG-FFY 14 Page 32 of 38 City of kentOEM,E16-136 i Exhibit Q MILESTONE TIMELINE FFY14 Emergency Management Performance Grant Program MILESTONE TASK June 1, 2014 Otnrtof Grant Agreement performance period, January81, 2015 Submit relmbursomentrequest Juno 30, 2015 Submit reimbursement request August 31, 2015 find of grant performance period. October 15, 2018 Submit final reimbursoment request, additional reports, andlor deliverables. DHS-FEMA-EMPG-FFY 14 Page 33 of 38 Cliy of Kent OFM,M-M I Exhibit E Budget Sheet FFY14 Emergency Management Performance Grant Program SOLUTION r AREA BUDGETCATEGORY AMOUNT NARRATIVE j m Planning,printing,sofbma re,COOP grid LEPC Goods Ft$ervl ces $ 1,250 planrdngmatorials Indirect $ o. Submm! $ 1,250 Consultants Contractors $ 19,175 For FCC u grader EM Office Supplies,materials,Instructional s�7 supportfor day to day operations,IT,copier 6 Goods&Services $ 1,300 Usage (tones and uniforms Indirect _ subtotol $ 20,475 Tools/Equipment-2 Vehicle purchases for((ant OEM and Kent Colnmurdeatloll Support'reom a (KCST),Tools/Equipment-for OEM,FCC,DOC's Equipment $ 64,000 Indlrert $ subtoto) $ 64,000 supplies,MaMrinls,Instructional Supportfor W Goods&Services $ 1,n00 OEM tralnitgs g Travel/Conferances/Reglstmtton/Por z OI era/Train)ng. Examples are WSEMA,EMI, Travel/Prr Diem $ 6000 IAEMI PIED LEPC Indirect --- _ Subtotal $ 7,000 w Supplies,Materials,instructional supportfor rrru Goods&.Services $ g00 OEM exeretses Indirect Subtotal $ 800 �TOTAL Grant Agreement Contract ^ AMOUNT; $ 93 525 y ® City of Kent-Office of Emergency Management(Of_M)will provide a match of$0,525, 50%of the total projoct cost (local/tribal budget plus EMPG award),of non-federal origin. Cumulative changes to budgot calog❑rigs In excess of 1 D%of the grant agreement award will not be reimbursed without prior wrllten aulhorizalion frorn the Department. -- n This award will not be used to supplant the local/tribal funds. 0 The DeparltnetiN Roimbursament Spreadsheet must accompany each reimbursement request submitted. The Sub-grantee agroos to make all records avallable to Department staff,upon request. Funding Source: U.S,Department of Homeland Socurity-PI#743PT—F.MPG DNS-FEMA-EMPG-FFY 14 Page 34 of 313 City of Kant OEM,El5-135 ATTACHMENT#1 ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET For Compliance With The Federal Funding Accountability and Transparency Act of 2006(P.L, 109�262) (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 farms of financlal 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 varlablllty in compliance Subrecipients are re uired by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for s arh contract for the State's submisslon 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 110-262 (see 31 U,S,C, 6101 note). By entering into this grant agreement controot, 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 databaso (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$26,000, 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 $26,000 but funding is subsequently de., obligated such that the total award amount falls below $26,000, 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 ourront DUNS information, http:/1www,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:(lwww,dnb.com), A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique IdenNflers and organizational linkages on behalf of the Federal Govemment for organizations receiving Federal assistance. DHS-FEMA-EMPG-FFY 14 Page 36 of38 City of 1<ent OEM,E15-136 I ; I ' i E. The WMD, as the prime awardee, Is required by FFATA to report names and total compensation of the five (6) 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 $26,000,000 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(16 U.S.C, §§ 78m(a), 78o(d) or section 6194 of the Internal Revenue Code of 1986. "Total compensaflW 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 stook appreciation rights; and other compensation such as severance and termination payments, and value of life Insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If (1) in the preceding fiscal year your organlzatlon received 80 percent or more of Its annual gross revenues from Federal awards and $26,000,000 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 Securitles and Exchange Act of 1934 (16 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 rnost highly compensated officers of your organization in the table below, I i i DHS-FEMA-EMP9-FFY 14 Page 38 of 38 City of Kent OEM,El5A3G � i I ' WORK NEST SnbreclpieneAgency: _ Mtn GrantondYear EM aO AgresmantNamber' 05. , Ramp etod by: ,yy .4 t(3r� Noma K,P.iZPi' Tigo�(n eCl IS .7ela ho n'o Data Completed: OWN p 7 YES STop no furtheranolyala NO In your grant agtoemant loam then$26,0007 rl f needed,G0 to Stop 6 d0 to Step 2. In your preceding fiscal year,did your YES NO STOP,no furlhar organization receive 00%ormore of Its annual r7f 00 to STEP 3 f� analysis needed,Go gross revenues from federal funding? l r to Stop 6 siMW�I° " •a. In your preceding fiscal year,did your YES NO STOP,no further organization reoelva$25,000,000 or more In f 00 to STEP 4 n( analysis needed,00 ' federal funding? r to Stop 6 Does the public have 000ess to information about YES STOP,n4 furtheranaly6ls NO the total componsolloW of senior oxeoullvas In jai needed,00 to step 6 of 00 to STEP 6 yourorganizallon7 r s 1011 ,, y 'tiY ,_ >, � .1�:;�«q, •r u,s� ,>.. , .�ss .. M1 1 , t r �0_A5pp1ua1�U�� �in�9 @•. �. x`x.� C'�1 A.n.� .�. .a k�c '['� ,,tr �..- �a � .I� tad ;a ..P e"FNC.k`c� Exeoutivedl2 Name: rTotal compensation omaant $ t;it rf7�> iylY,``SSrr��,��jji rr,1 yi ,6 e { r t ..ds Z�TMr' an s t ,. [V x �4c rfr' T•t t i :,� •,I' f•,S %t''!. Q klat�an'allle"tlJ.t{(�+.+$ ,r., k7...k, 15xeouliveft4 Name. Total Compensation amount: $ q }t.,•� IQp�. {i ?•2�. "'..,.tF.,i ° v 'i , If your organization does not moot theme to terls,apoolfloeliy Idenliry below each criteria that Is not mat for your organization! or(igg¢7ule "OuroraanlzellonrQpQivedtentjinq$26000" 8tgnature 1 r • z�h Data; Illig11� ; "Total componsatlon refers to; o Salary and bonuses a Awards of stack,stock options,and slook appreciation rights • Other componeatian Including,but not limited to,oeveranoo and termination payments a Life Ineuraneovalue paid on behalf of the employee Additional Resources: hup•1/Www.whltahouae gov/0mblcumn hlhx/lwurw.hrsa.aavlaranlslifale.html hd0J/ww,vmoo aavRdsve/akafpR-2090-09-141odF12010-22706 p.� hdo:llwgwf arants,aov! phis-FEMA•P.PAr'd-PPYM Page 37of00 city of gont OrM,E`IMM ATTACHMENT#2 0MA Circular A-133 Audit Certification Form Audits of States, Local Governments,and Non-Profit Organizations dY Suhraolpla0t(Sub-tarentea)Nemo(Agenoy,LasaiDovemmenh, ropsnlzailDnj; Authorized Ohlef Flnatic(al DlFlsar(canlrel Accsunvrre om�ey: Emall; fl� Phaneay; Purposm s pass through agene o federal grant the Waadngion Mlgtary Pepe en margeaoy ertagamant Plvlelan 1WMP1efA0)Is required by Office of Alanagament and Wont(OM9)GiroulsrA•733 to monitor saUVltlea of aubreotplente M spears ftadoral evrarde wo used for authorized purposes and ensure lhatl aubreaiplants,ogpndlnD"00,000 or more In federal aware$during their peed your have met the NO Olroular A-133 Audit Hoqulroneonla. Your anOly is a aubred lent subject to such monitoring by MIUEMD because It Ise non-federal anhlythatoxponde isdemf gmnl fudde racsived fmm MltlEMD as 0 pose-1hmugh early to no" outnfadsral.progmm, DMBChoulsr.A•133caribefoundotlfffiJAyaauwhkahnuso.vov/sHe�dgrsulUtl/esromb/axae(s/gt�,Q( alQ rrWsod 2tl07pd(,and U ehauld b'a consulted when complagng this tome Dlreatlonst As requited by OMB ClroularA-183, non-faderal angles that expend$5D0,000In federal awards Ina fiscal year shall - it have a Dingle or program-st»dRc audit conducted for that year, If your ungty It net subject to A•133 requitaments,you must i complete 8eollon A of thin perm. If your singly/g required to complete on A-133 Audit,you must camµlato Scotian B of this form, When completed,you must slop,dale,and return this farm Will ill your grant agreament.contraot and every fiscal yyear thereafter until die grant eoroemalit ooatraid Is dosed. Failure to return (his completed Audit Cedlgoallon Form may naedt In delay of grant oareementprooessing,wIthhoiding of federal awards orcluollowance ofeoete,and euapanalon ortermh atlon of fademl awards. HeJ' Our engly fs ntlt subject to the requhamente of CMB 01raulerA-133 beauuse(oheck ell that apply); p We did not expand$500,000 or more of total federal Awards dudnp Via fiscal year, ❑ We are a fooprofit aganoy. i] We are exempt for other reasons(deandbs): However,by eloping below,I Ogren thatwe are 011 subject to the audit requirements,Iowa and regulations govqmlno the progni In which we pamolpde,that we are requlredto maintain records of federal funding end to pmvide access to such records byfederal and state agencies end their doslgeieos,and that WMDIEMD may request and be provided access to additional Information and/or doaumehlaucnw ensure proper etewardehipoffederetfunds. - j5ED' 8`the" r ' 11 U1,01VIE1 I OfF4im dr, i'7 Si" 'I t 4rll L "ji �,i7. ,,1 "'ill 11Ptfa ".th'r4. U• � ` t e ' t:S :'�'' x,::�,I.1ac•. �1�.. :s 'r�, i a I1,e d Wonomplotedourlaet A-133•Audlton 1onterddo —for Flow]Year ending tenter dote) ; There vrere no findings related to redomi awards from=11710D��v No follow•up actlonis required by WMDIFMD as the pees-thmuoil omtty. A complete Dopy of the nadir report,which tncludos exaepdone,oamcgve notion plan and msnagomsnt. reapbasa,le aithor provided niaolmnloDlIV to pc ntrads,ofnoo@mfl.wa.pov or provide the auto auditor ropart number. . . idWecomploled our last A-933AudIt Oil tenter dals6 o for Fiscal Year ending[enter dute7,i11A1/o,:Tharewero Wings related to redord awards. A complete cog of the audit report,whlah includes a tagpgono,oorrsonve action plan end management response, Is ohhor provids sleotrorlually to n c .Offrne gq we. av or provide the etato auditor report namUer: ire 1vl 7K rJ OureornpietedA•133Auditwlllboaveilebloon Jenterdale]for Ronal Yeorendlno.�_i enter dote], i —• WawlllprovldealscUanlnrapyofUfeaudHmpafto anhaols.aGco[a1_mllWa.agvatiliattimaorprovldethoetete oudltor report number. i horaby oorttfy that I am uti Individual authorized by the above Idunilf ed cooly to complete this form, Pudber,I codify that the above Information Is true and correct and ail relev nafadel tin Inge don slnod In audit repuritxtatement have been dleoloeod,Addltlondiy,l untloretand fhia Fenn le lobe ub fled der Usoat ear 111e1)this endly a suhraoiplent of federal giantfuntlu from M1l1EMD until the grantagre f a Is as Signature of Aulhorl Chief Flnan al oUf ar: Print Nzme&TP Witt f I Ah WMD Farm 100043,a[tur2ats DHS•PEMA-EMPq.fW14 Page30of00 011yofKentOEM,EIH•136 i i I I EXHIBIT B MEMORANDUM OF UNDERSTANDING Appointment of Liaison EMPG Grant Agreement Number EIS-135 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: Jennifer Keiaer Emergency Management Specialist MOU, Kent& RFA EMPG E14.088 I , I EXHIBIT C INSURANCE REQUIREMENTS FOR EPMG SUB-AWARD AGREEMENT Insurance I 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 j or in connection with the performance of the work hereunder by the RFA, their agents, representatives, employees or subcontractors, i I A. Minimum Scope of Insurance i 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. f The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 1185. 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, hired 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' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 13, Minimum Amounts of Insurance I 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 E15-135 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 Certi icate 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. RFXs 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 El5.135 II'i i 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 j 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 AM. 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 E15.135 REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Robert Goehrin Phone Originator): 5262 Date Sent: February 25, 2015 Date Required: March 6,_2015 Return Signed Document to: Robert CONTRACT TERMINATION DATE: Contract Goehring covers the period June 1, 2014 through Aug 31, 2015 VENDOR NAME: --- DATE OF COUNCIL APPROVAL: Feb 17, 2015 Kent Fire De artment RFA Brief Explanation of Document: The City Council authorized acceptance of this Emergency Management Performance Grant from the Washington Military Department on November 18, 2014 which provides a total of $93,525 for the period June 1, 2014 through August 31, 2015. 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 (E15-135); including ensuring adherence to the terms and conditions of the Grant Agreement and other federal grant requirements. All Contracts Must Be Routed Through The Law Department (This area to be completed by the l.aw Deq rtment) Received: r d ) d rj . L Approval DF Law Dept.: i C'_ q rfi, ;i iEt i tf 11:i cr k"€ V_'.A1!'YPik'e"'il J Law Dept. Comments: i 44 yy .,`,' •,., i ) r• .._.�� N" F Date Forwarded to Mayor: j �k �( ..� t ���.jr+ r<(:'( i t , t,f I Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: /' -f W . y 1'' /l• I�`�i ' 'j/ (1` Date Returned; I