HomeMy WebLinkAboutFD15-321 - Original - Wa State Military Department - Emergency Management Performance Grant (EMPG) - 06/01/2014 ® T Records '° -)
WASHINGT N M ®®�lal-llt'llt
CONTRACT COVER SKEET
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: 'VA SJCAP J J Jd"I� ��•
Vendor Number:
JD Edwards Number
Contract Number: FQ i[�_—7)1 1
This is assigned by City Clerk's Office
Project Name: Zo IL �Lo'.5 E"Anunw WmAcArnyfint
�� ��i�°f� vwv l f 0 am-
Description: Ltd Tnterlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date:_ ; Termination Date: 2 �;i ¢
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager. 9. ( Department: F1 ' F_ # ', Q
Contract Amount:
Approval Authority: ❑ Department Director uMayor ❑City Council
Detail. (i.e. address, location, parcel number, tax id, etc.):
adccW10877_8_14
Washington State Military Department
.HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Sub-grantee Name and Address: 2. Grant Agreement Amount: 3: Grant Agreement Number.
City of Kent-OEM
24611 116th Avenue SE $93,626 E16-135
Kent,WA 980304939
4. Sub-grantee Contact,phonelemail: 6. Grant Agreement Start Date: 6. Grant Agreement End Date!
Jennifer Kelzer,253-BSS-4342 June 1,2014 August 31,2016
JDKeizer cl.kenLwa.us
7. Department Program Manager,phone/small: B. Data Universal Numbering System(DUNS): 9. UBI#(state revenue):
Kristin Ramos,(263)612-7083 020263613 173-000-002
kristin.ramos@1mll.wa.gov
10. Funding Authority:
Washin ton State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS)
11. Funding Source Agreement#: 12. Progmmindex# & OBJISUB-OJ 13. CFDA#&Title: 14. TIN:
EMW.2014-EP-OD033-501 743PT NZ 97.042 EMPG(14) 81.6001264
15, Service Districts: 16. Service Area by Ccunty(les); 17. WomenfMlnority-Owned,State
(BY LEGISLATIVE DISTRICT):33,47 Certified?: X NIA ❑ NO
(BY CONGRESSIONAL DISTRICT):8,9,11 King 1 ❑ YES,OMWBE#
18. Agreement Classification 19. Contract Type(check all that apply):'
❑ Personal Services ❑ Client Services X PublicfLocal Gov't ❑ Contract X Grant X Agreement
❑ Collaborative Research ❑ AIE ❑ other ❑ Intergovernmental (RCW 39.34) ❑ interagency
20. Sub-Grantee Selection Process: 21. Sub-Grantee Type(check all that apply)
X "To all who apply&quality" . ❑ Competitive Bidding ❑ Private Organizationlindividuai - ❑ For-Profit
❑ Sole Source ❑ AIE RCW ❑ NIA X Public OrganizetionlJurlsdlction ❑ Non-Profit '...
❑ FlledwlOFM? ❑ Advertised? ❑YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER
22. PURPOSE: Provide U.S.Department of Homeland Security(DHS)/Federal Emergency Management Agency
(FEMA)Emergency Management Performance Grant(EMPG)funds to local jurisdictions and tribes with emergency
management programs to sustain and enhance those pMqrams as described In the Work Plan.
IN WITNESS WHEREOF, the Daparbnent and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, including all `
referenced Exhibits and Attachments which are hereby Incorporated In and made a part hereof,and have executed this Grant Agreement
as of the date and year written below. This Grant Agreement Face Sheet,,Special Terms 9 Conditions(Exhibit A); General Terms and
Conditions(Exhibit B);Work Plan(Exhibit C); Milestone Ttmellne(Exhlblt D);Budget(Exhibit E); and ell other documents,exhibits and
attachments expressly referenced and Incorporated herein contain all the terms and conditions agreed upon by the parties and govern
the rights and obligations of the parties to this Grant Agreement No other understandings,oral or otherwise,regarding the subject matter
of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an Inconsistency In this Grant Agreement,unless otherwise provided herein,the Inconsistency shall be resolved by giving
precedence in the following order.
1. Applicable Federal and State Statutes and Regulations
2. Work Plan
3. Special Terms and Conditions
4. General Terms and Conditions,and,
S. Other provisions of the grant agreement incorporated by r-elmirice.
WHEREAS,the parties hereto have executed this Grant Agree on th ay and a ias pacified below.
FOR HE DEPARTMENT: y *0R77AA
Richard A.Woodruff,Contracts Administrator Mayor
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM: Signature pate
� Jim Schneider,Fire Chief
Brian E.Buchholz (signature on file)8-27-2014
Assistant Attorney General
VED AS TO FORM(If applicable):
fftMant's Legal Review Date
Form 10 7100 kdb
DHS-FEMA-EMPG-FFY 14 Pag of 3B City of Kent OEM,E16-135
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 Gary Stumph
Title Fire Chief Title Program Coordinator
E-Mail jschneider@kentwa.gov E-Mail{ 'gary.stumph@mil.wa.gov
Phone 253-856-4311 Phone 253-512-7483
Name Jennifer Keizer Name Kristin Ramos
Title EM Specialist Title Program Manager
E-Mail JDKeizer@ci.kent.wa.us E-Mail I kristin.ramos@mil.wa.gov
r
253-856-4342 Phone 253-612-7083
Dominic Marzano Name Dalton. amboa mil.wa. ov
Division Chief Title Program Assistant
dmarzano@kentwa.gov E-Maif Dalton.gamboa mil.wa.gov
253-856-4316 Phone '':253-512-7044
ARTICLE II. ADMINISTRATIVE, FINANCIAL, AND PROGRAMMATIC REQUIREMENTS
The Sub-grantee shall comply with all applicable state and federal laws, rules, regulations,
requirements and program guidance identified or referenced in this Agreement and the
informational documents published by FEMA applicable to the FY 2014 EMPG Program,
including, but not limited to, all criteria, restrictions and requirements of the "Department of
Homeland Security Funding Opportunity Announcement FY 2014 Emergency Management
Performance Grant' document published by FEMA, the DHS Award Announcement Letter for
Grant No. EMW-2014-00033, and the federal regulations commonly applicable to DHS/FEMA
grants, which are incorporated herein by reference.
The Sub-grantee acknowledges that since this Agreement involves federal funding, the period
of performance described herein will likely begin prior to the availability of appropriated federal
funds. The Sub-grantee agrees that it will not hold the Department, the State of Washington, or
the United States liable for any damages, claim for reimbursement, or any type of payment
whatsoever for services performed under this Agreement prior to distribution of appropriated
federal funds.
The Sub-grantee agrees that it will not hold the Department, the State of Washington, or the
United States liable for any damages, claim for reimbursement or any type of payment if federal
funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements, which must be met prior to reimbursement, apply to all
DHS/FEMA Preparedness Grants administered by the Department.
1. REIMBURSEMENT & BUDGET REQUIREMENTS
a. This is a fixed price, reimbursement Grant Agreement. Within the total
Agreement amount, travel, sub-contracts, salaries and wages, benefits,
printing, equipment, and other goods and services or other budget
categories will be reimbursed on an actual cost basis unless otherwise
provided in this Agreement.
DHS-FEMA-EMPG-FFY 14 Page 2 of 38 City of Kent OEM, E15-135
b. 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, but shall not exceed
federal maximum rates set forth at http://www.gsa.gov without prior
written approval by Department key personnel.
C. Receipts and/or backup documentation for any approved budget line
items that are authorized under this Agreement must be maintained by
the Sub-grantee and be made available upon request by the Department,
and local, state, or federal auditors.
d. The Sub-grantee will submit reimbursement requests to the Department
by submitting a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department)
detailing the expenditures for which reimbursement is sought.
Reimbursement requests must be submitted to
HLS.Reimbursements@mil.wa.gov no later than the due dates listed
within the Milestone Timeline (Exhibit D), but not more frequently than
monthly.
e. Any request for extension of a due date will be treated as a request for
Amendment of the Agreement and must be submitted to the
Department's Key Personnel sufficiently in advance of the due date to
provide adequate time for Department review and consideration, and can
be granted or denied within the Department's sole discretion.
f. All work under this Agreement must end on or before the Agreement End
Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Agreement End Date, except as
otherwise authorized by written amendment of the Agreement unless
written approval is issued from the Department as permitted by
amendment.
g. The maximum amount of all reimbursement requests permitted to be
submitted under this Agreement, including the final reimbursement
request, is limited to and shall not exceed the total Agreement Amount.
h. No equipment or supply costs will be reimbursed until the related
equipment/supplies have been received by the Sub-grantee and invoiced
by the vendor.
i. Requests for reimbursement of equipment purchases must include a copy
of the vendor's invoice and packing slip or a statement signed and dated
by the Sub-grantee's authorized representative that states "all items
invoiced have been received in good working order, are operational, and
have been inventoried according to contract and local procurement
requirements".
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement (including but not limited to those reports in
the Milestone Timeline) will prohibit the Sub-grantee from being
reimbursed until such complete reports and reimbursement requests are
submitted and the Department has had reasonable time to conduct its
review.
k. Final reimbursement requests will not be approved for payment if the
Sub-grantee is not current with all reporting requirements contained in
this Agreement.
I. Cumulative changes to budget categories in excess of 10% of the
Agreement amount will not be reimbursed without prior written
DHS-FEMA-EMPG-FFY 14 Page 3 of 38 City of Kent OEM, E15-135
authorization from the Department. In no case shall the total budget
amount exceed the Agreement amount. Budget categories are as
specified or defined on the Budget Sheet Exhibit E of the Agreement.
Any changes to budget categories other than in compliance with this
paragraph will not be reimbursed.
M. The Sub-grantee is to ensure that Federal funds received under this
Agreement do not replace (supplant) funds that have been budgeted for
the same purpose through non-Federal sources. The EMPG Program
prohibits supplanting, and the Sub-grantee may be required to
demonstrate and document that a reduction in non-Federal resources
occurred for reasons other than the receipt or expected receipt of Federal
funds.
2. REPORTING REQUIREMENTS
a. The Sub-grantee shall submit with each reimbursement request a report
describing completed Work Plan activities for which reimbursement is
sought in the format provided by the Department.
b. In conjunction with the next annual grant cycle application process, the
Sub-grantee shall submit to the Department's Key Personnel a final report
describing all completed activities under this Agreement and new
activities for which grant funding will be sought in the upcoming grant
cycle's Work Plan. If a Sub-grantee will not be applying for grant funding
during the next annual grant cycle application process, the Sub-grantee
will submit a final report with its final reimbursement request to the
Department detailing progress on all activities listed in the Work Plan.
C. In conjunction with the final report, the Sub-grantee shall submit a
separate report detailing how the EMPG Exercise and Training
requirements were met for all personnel funded in any part through any
source of funding under this Agreement.
d. The Sub-grantee shall also comply with the Federal Funding
Accountability and Transparency Act (FFATA) and related OMB
Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete
and return to the Department Attachment#1 attached to and made a part
of this Agreement.
e. The Sub-grantee shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
3. EQUIPMENT MANAGEMENT
All equipment purchased under this Agreement, by the Sub-grantee or a
contractor, will be recorded and maintained in the Sub-grantee's equipment
inventory system.
a. Allowable equipment categories for the FY 2014 EMPG Program are
listed on the web-based version of the Authorized Equipment List (AEL)
located at the DHS Lessons Learned Information Sharing Responder
Knowledge Base Home Page sponsored by FEMA at
http://www.Ilis.dhs.gov/knowledgebase. Reimbursement will only be
provided for purchases of the following equipment: (1) equipment
identified on the AEL as applicable to the EMPG program for which the
Sub-grantee has received written approval from the Department Key
Personnel prior to purchase and, (2) equipment not identified on the AEL
as allowable under the EMPG Program for which the Sub-grantee has
DHS-FEMA-EMPG-FFY 14 Page 4 of 38 City of Kent OEM, E15-135
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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-recipient for which a contract, sub-Grant Agreement, or
other means of legal transfer of ownership is in place.
C. The Sub-grantee, or a recognized sub-recipient/sub-contractor, shall be
responsible for any and all operational and maintenance expenses and
for the safe operation of their equipment including all questions of liability.
The Sub-grantee shall develop appropriate maintenance schedules and
procedures to ensure the equipment is well maintained and kept in good
operating condition.
d. The Sub-grantee shall maintain equipment records that include: a
description of the property; the manufacturer's serial number, model
number, or other identification number; the source of the equipment,
including the Catalogue of Federal Domestic Assistance (CFDA) number;
who holds the title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and
condition of the equipment at the date the information was reported; and
disposition data including the date of disposal and sale price of the
property.
e. Records for equipment shall be retained by the Sub-grantee for a period
of six years from the date of the disposition, replacement, or transfer.
If any litigation, claim, or audit is started before the expiration of the six
year period, the records shall be retained by the Sub-grantee until all
litigation, claims, or audit findings involving the records have been
resolved.
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-grantee to determine the cause of the difference. The Sub-grantee
shall, in connection with the inventory, verify the existence, current
utilization, and continued need for the equipment.
g. The Sub-grantee shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any loss,
damage, or theft shall be investigated and a report generated and sent to
the Department.
h. If the Sub-grantee is authorized or required to sell the property, proper
sales procedures must be established and followed to ensure the highest
possible return.
I. When original or replacement equipment is no longer needed for the
original project or program or for other activities currently or previously
supported by a Federal agency, disposition of the equipment will be made
as follows:
DHS-FEMA-EMPG-FFY 14 Page 5 of 38 City of Kent OEM, El5-135
i. Items of equipment with a current per-unit fair market value of less
than $5,000 may be retained, sold or otherwise disposed of by the
Sub-grantee with no further obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market value of more
than $5,000 may be retained or sold and the Sub-grantee shall
compensate the Federal-sponsoring agency for its share.
j. As a recipient of federal funds, the Sub-grantee must pass on equipment
management requirements that meet or exceed the requirements outlined
above for all sub-contractors, consultants, and sub-recipients who receive
pass-through funding from this Agreement.
k. The Sub-grantee must obtain and maintain all necessary certifications
and licenses for the equipment. Sub-grantees are solely responsible for
ensuring equipment eligibility.
4. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Sub-grantee shall ensure full compliance with FEMA's Environmental
Planning and Historic Preservation (EHP) Program.
a. Sub-grantees proposing projects that have the potential to impact the
environment, including but not limited to construction of communication
towers, modification or renovation of existing buildings, structures and
facilities, or new construction including replacement of facilities, must
participate in the FEMA EHP review process.
b. The EHP review process involves the submission of a detailed project
description that explains the goals and objectives of the proposed project
along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources
and/or historic properties.
C. The Sub-grantee agrees that to receive any federal preparedness
funding, all EHP compliance requirements outlined in applicable guidance
must be met. The EHP review process must be completed before
funds are released to carry out the proposed project.
5. PROCUREMENT
The Sub-grantee shall comply with all procurement requirements of 44 CFR Part
13.36, Procurement and as specified in the General Terms and Conditions,
Exhibit B, A.28. All sole source contracts expected to exceed $100,000 must be
submitted to the Department for review and approval prior to the Sub-grantee's
award and execution of a contract. This requirement must be passed on to all of
the Sub-grantee's sub-contractors, at which point the Sub-grantee will be
responsible for reviewing and approving their sub-contractors' sole source
justifications.
6. SUB-GRANTEE MONITORING
a. The Department will monitor the activities of the Sub-grantee from award
to closeout. The goal of the Department's monitoring activities will be to
ensure that agencies receiving federal pass-through funds are in
compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial
regulations, as well as OMB Circular A-133, Audits of States, Local
Governments and Non-Profit Organizations.
b. To document compliance with OMB Circular A-133 requirements, the
Sub-grantee shall complete and return to the Department Attachment #2
"OMB Circular A-133 Audit Certification Form" with the signed Agreement
DHS-FEMA-EMPG-FFY 14 Page 6 of 38 City of Kent OEM, E15-135
and each fiscal year thereafter until the Agreement is closed, upon which
the completed form is incorporated in and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of performance reports;
ii. monitoring and documenting the completion of Agreement
deliverables;
iii. documentation of phone calls, meetings, e-mails and correspondence;
iv. review of reimbursement requests and supporting documentation to
ensure 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;
vi. on-site visits to review equipment records and inventories, to verify
source documentation for reimbursement requests and performance
reports, and to verify completion of deliverables.
d. The Sub-grantee is required to meet or exceed the monitoring activities,
as outlined above, for all sub-contractors, consultants, and sub-recipients
who receive pass-through funding from this Agreement.
7. NIMS COMPLIANCE
a. The National Incident Management System (NIMS) identifies concepts
and principles that answer how to manage emergencies from
preparedness to recovery regardless of their cause, size, location, or
complexity. NIMS provides a consistent, nationwide approach and
vocabulary for multiple agencies or jurisdictions to work together to build,
sustain and deliver the core capabilities needed to achieve a secure and
resilient nation.
b. Consistent implementation of NIMS provides a solid foundation across
jurisdictions and disciplines to ensure effective and integrated
preparedness, planning, and response. NIMS empowers the components
of the National Preparedness System, a requirement of Presidential
Policy Directive (PPD)-8, to guide activities within the public and private
sector and describes the planning, organizing, equipping, training and
exercising needed to build and sustain the core capabilities in support of
the National Preparedness Goal.
C. The Sub-grantee agrees that in order to receive Federal Fiscal Year 2014
(FFY14) federal preparedness funding, to include EMPG, NIMS
compliance requirements for 2014 must be met.
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 all-
hazards 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 shall comply with all applicable federal laws, regulations and
guidance referenced in the "Department of Homeland Security Funding
Opportunity Announcement FY 2014 Emergency Management Performance
Grant' document published by FEMA, which can be found at
http://www.fema.gov/preparedness-non-disaster-grants and are hereby
incorporated in and made a part of this Agreement.
3. A portion of the FFY14 EMPG grant was identified by the state to be passed
through to local jurisdictions and tribes with emergency management programs
DHS-FEMA-EMPG-FFY 14 Page 7 of 38 City of Kent OEM, E15-135
to supplement their localltribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
4. The Sub-grantee shall use the EMPG funds authorized under this Agreement
only to perform tasks as described in the Work Plan of the Sub-grantee's
application for funding, as approved by the Department and incorporated into this
Agreement. Funding may not be used to replace or supplant existing local or
tribal government funding of emergency management programs.
5. The Sub-grantee shall provide a fifty percent match of $93,526 of non-federal
origin. To meet matching requirements, the Sub-grantee cash matching
contributions must be reasonable, allowable, allocable, and necessary under the
grant program and must comply with all Federal requirements and regulations,
including but not limited to 2 CFR Part 225, 2 CFR Part 215.23, and 44 CFR Part
13.24. An appropriate mechanism must be in place to capture, track, and
document match.
6. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the FFY14 EMPG Program. All personnel funded
in any part through any source of funding under this Agreement shall participate
in no less than three exercises in a 12-month period.
7. All personnel funded in any part through any source of funding under this
Agreement shall complete the following training requirements and record proof of
completion: NIMS Training IS 100, IS 200, IS 700, and IS 800 and the FEMA
Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242,
and IS 244.
C. DHS FFY14 EMPG TERMS AND CONDITIONS
As a recipient of EMPG Program funding, the Sub-grantee shall comply with all
applicable DHS terms and conditions of the FFY14 EMPG Award Letter documents for
DHS Grant No. EMW-2014-EP-00033, which are incorporated herein by reference,
including but not limited to the following:
1. Administrative Requirements — The administrative requirements that apply to
DHS award recipients originate from two sources:
a. Office of Management and Budget (OMB) Circular A-102, Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments (also known as the "A-102 Common
Rule"). These A-102 requirements are also located within DHS
regulations at Title 44, Code of Federal Regulations (CFR) Part 13.
b. OMB Circular A-110, Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and
Other Non- Profit Organizations, relocated to 2 CFR Part 215.
2. Cost Principles— The cost principles that apply to DHS award recipients originate
from one of the following sources:
a. OMB Circular A-21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220.
b. OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal
Governments, relocated to 2 CFR Part 225.
C. OMB Circular A-122, Cost Principles for Nan-Profit Organizations,
relocated to 2 CFR Part 230.
3. Audit Requirements — The audit requirements for State, Local and Tribal
recipients of DHS awards originate from OMB Circular A-133, Audits of States,
Local Governments and Non-Profit Organizations.
4. Acknowledgement of Federal Funding from DHS -- The Sub-grantee must
acknowledge its use of Federal funding when issuing statements, press releases,
DHS-FEMA-EMPG-FFY 14 Page 8 of 38 City of Kent OEM, E15-135
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requests for proposals, bid invitations, and other documents describing projects
or programs funded in whole or in part with Federal funds.
5. Activities Conducted Abroad-- The Sub-grantee must ensure that project
activities carried on outside the United States are coordinated as necessary with
appropriate government authorities and that appropriate licenses, permits, or
approvals are obtained.
6. Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.) — The Sub-grantee
must comply with the Act, which prohibits discrimination on the basis of age in
any program or activity receiving Federal financial assistance.
7. Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101-12213) — The Sub-
grantee must comply with the requirements of Titles I, II, and III of the Act, which
prohibits recipients from discriminating on the basis of disability in the operation
of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities.
8. Best Practices for Collection and Use of Personally Identifiable Information (P11) —
If a Sub-grantee collects PII, it is required to have a publically-available privacy
policy that describes what PII they collect, how they use the PII, whether they
share Ph with third parties, and how individuals may have their PII corrected
where appropriate. The DHS Privacy Impact Assessments is available as a
resource on this requirement at:
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june20l O.pdf
and http://www.dhs.gov/xiibrarylassets/privacy/privacy_pia_template.pdf,
respectively.
9. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6
CFR Part 21 and 44 CFR Part 7 — The Sub-grantee must comply with the
requirements of the Act, which provides that no person in the United States will,
on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
10. Civil Rights Act of 1968 — The Sub-grantee must comply with the Act, which
prohibits recipients from discriminating in the sale, rental, financing, and
advertising of dwellings, or in the provision of services in connection therewith,
on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing
and Urban Development at 24 CFR Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or
more dwelling units—i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground-floor units in
buildings without elevators)—be designed and constructed with certain
accessible features (see 24 CFR § 100.201).
11. Copyright — The Sub-grantee must affix the applicable copyright notices of 17
U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under Federal financial
assistance awards, unless the work includes any information that is otherwise
controlled by the Government (e.g., classified information or other information
subject to national security or export control laws or regulations).
12. Debarment and Suspension —The Sub-grantee must comply with Executive
Orders 12549 and 12689, which provide protection against waste, fraud and
abuse by debarring or suspending those persons deemed irresponsible in their
dealings with the Federal government.
DHS-FEMA-EMPG-FFY 14 Page 9 of 38 City of Kent OEM, E15-135
13. Drug-Free Workplace Regulations — The Sub-grantee must comply with the
Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that
all organizations receiving grants from any Federal agency agree to maintain a
drug-free workplace. These regulations are codified at 2 CFR 3001.
14. Duplication of Benefits — The Sub-grantee must comply with 2 CFR Part 225,
Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a
particular Federal award or cost objective under the principles provided for in this
authority may not be charged to other Federal awards to overcome fund
deficiencies.
15. False Claims Act and Program Fraud Civil Remedies — The Sub-grantee must
comply with the requirements of 31 U.S.C. § 3729 which set forth that no
recipient of federal payments shall submit a false claim for payment. See also 38
U.S.C. § 3801-3812 which details the administrative remedies for false claims
and statements made.
16. Federal Debt Status — The Sub-grantee is required to be non-delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent
payroll and other taxes, audit disallowances, and benefit overpayments. See
OMB Circular A-129 and form SF-42413, 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.C. § 41102)
for international air transportation of people and property to the extent that such
service is available, in accordance with the international Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative
guidelines issued by the Comptroller General of the United States in the March
31, 1981, amendment to Comptroller General Decision B138942.
18. Hotel and Motel Fire Safety Act of 1990— In accordance with Section 6 of the Act
(15 U.S.C. § 2225(a)), the Sub-grantee must ensure that all conference, meeting,
convention, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire
Prevention and Control Act of 1974, 15 U.S.C. § 2225.
19. Limited English Proficiency (Civil Rights Act of 1964, Title VI) — The Sub-
grantee must comply with the Act's prohibition against discrimination on the
basis of national origin, which requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons
with limited English proficiency (LEP) to their programs and services.
Providing meaningful access for persons with LEP may entail providing
language assistance services, including oral interpretation and written
translation. In order to facilitate compliance with Title VI, recipients are
encouraged to consider the need for language services for LEP persons
served or encountered in developing program budgets. Executive Order
13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance
to recipients, assisting such organizations and entities in understanding their
language access obligations. DHS published the required recipient guidance
in April 2011, DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination
Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a
recipient can determine the extent of its obligation to provide language
services; selecting language services; and elements of an effective plan on
language assistance for LEP persons. For additional assistance and
information regarding language access obligations, please refer to the DHS
DHS-FEMA-EMPG-FFY 14 Page 10 of 38 City of Kent OEM, E15-135
Recipient Guidance hftp://www.dhs.govlguidance-published-help-department-
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
Grants, including provisions on technical standards that ensure and enhance
interoperable communications
(http://www.safecomprog ram.gov/ecg/2014.safecom_g uida nce_final.pdf),
23. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education
Act) — The Sub-grantee must comply with the requirements of Title IX of the
Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that
no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any educational program or activity receiving Federal financial
assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part
19.
24. Trafficking Victims Protection Act of 2000 — The Sub-grantee must comply with
the requirements of the government-wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance
with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218,
November 13, 2007.
In accordance with the statutory requirement, the Agreement shall be terminated,
without penalty, if the Sub-grantee:
a. Engages in severe forms of trafficking in persons during the period of time
that the award is in effect;
b. Procures a commercial sex act during the period of time that the award is
in effect; or
C. Uses forced labor in the performance of the award or subawards under
the award.
25. Rehabilitation Act of 1973—The Sub-grantee must comply with the requirements
of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified handicapped individual in the United
States will, solely by reason of the handicap, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance. These requirements pertain to the
provision of benefits or services as well as to employment.
DHS-FEMA-EMPG-FFY 14 Page 11 of 38 City of Kent OEM, E15-135
26, USA Patriot Act of 2001 — The Sub-grantee must comply with the requirements
of the Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which
amends 18 U.S.C. §§ 175-175c. Among other things, the USA PATRIOT Act
prescribes criminal penalties for possession of any biological agent, toxin, or
delivery system of a type or in a quantity that is not reasonably justified by a
prophylactic, protective, bona fide research, or other peaceful purpose.
27. Use of DHS 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 sub-recipients, 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 to the
grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance
C. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate back-up documentation to support the
reports.
d. Comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed program guidance.
e. If, during the past three years, the Sub-grantee has been accused of
discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status,
provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS awarding office
and the DHS Office of Civil Rights and Civil Liberties.
f. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against
the Sub-grantee, or the Sub-grantee settles a case or matter alleging
such discrimination, the Sub-grantee must forward a copy of the
complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
DHS-FEMA-EMPG-FFY 14 Page 12 of 38 City of Kent OEM, E15-135
Exhibit B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. 'Department' means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the
officers or other officials lawfully representing that Department.
b. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term "Sub-grantee" and "Contractor" may be used
interchangeably in this Agreement.
c. "Sub-grantee Agent' means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
d. "Grantee" means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the DEPARTMENT are one and the same.
e. "Monitoring Activities" means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities and policies.
f. `Investment Justification" means grant application investment justification
submitted by the sub-grantee describing the project for which federal funding is
sought and provided under this Grant Agreement. Such grant application investment
justification is hereby incorporated into this Grant Agreement by reference.
g. "PL" — is defined and used herein to mean the Public Law.
h. "CFR" — is defined and used herein to mean the Code of Federal Regulations.
I. "OMB" — is defined and used herein to mean the Office of Management and Budget.
j. "WAC" — is defined and used herein to mean the Washington Administrative Code.
k. "RCW"— is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $500,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to
have a single or a program-specific audit conducted in accordance with the Office of
Management and Budget (OMB) Circular A-133-Audits of States, Local Governments,
and Non-Profit Organizations (amended June 27, 2003, effective for fiscal years ending
after December 31, 2003, and further amended June 26, 2007). Non-federal entities
that spend less than $500,000 a year in federal awards are exempt from federal audit
requirements for that year, except as noted in Circular A-133. As defined in Circular A-
133, the term "non-federal entity" means a State, local government, or non-profit
organization, and the term "State" includes Indian tribes. Circular A-133 is available on
the OMB Home Page at http://www.omb.gov.
SUB-GRANTEES that qualify as subrecipients required to have an audit must ensure
the audit is performed in accordance with Generally Accepted Government Auditing
Standards (GALAS) as found in the Government Auditing Standards (the Revised
Yellow Book) developed by the Comptroller General and the OMB Compliance
DHS-FEMA-EMPG-FFY 14 Page 13 of 38 City of Kent OEM, E15-135
Supplement. The SUB-GRANTEE has the responsibility of notifying its auditor and
requesting an audit in compliance with Circular A-133, to include the Washington State
Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS,
as appropriate. Costs of the audit may be an allowable grant expenditure as authorized
by Circular A-133.
The SUB-GRANTEE shall maintain auditable records and accounts so as to facilitate the
audit requirement and shall ensure that any sub-contractors also maintain auditable
records.
The SUB-GRANTEE is responsible for any audit exceptions incurred by its own
organization or that of its sub-contractors. Responses to any unresolved management
findings and disallowed or questioned costs shall be included with the audit report. The
SUB-GRANTEE must respond to Department requests for information or corrective
action concerning audit issues or findings within 30 days of the date of request. The
DEPARTMENT reserves the right to recover from the SUB-GRANTEE all disallowed
costs resulting from the audit.
Once the single audit has been completed, the SUB-GRANTEE must send a full copy of
the audit to the DEPARTMENT and a letter stating there were no findings, or if there
were findings, the letter should provide a list of the findings. The SUB-GRANTEE must
send the audit and the letter no later than nine (9) months after the end of the SUB-
GRANTEE's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the SUB-GRANTEE must include a corrective
action plan for any audit findings and a copy of the management letter if one was
received.
If SUB-GRANTEE claims it is exempt from the audit requirements of Circular A-133,
SUB-GRANTEE must send a letter identifying this Grant Agreement and explaining the
criteria for exemption no later than nine (9) months after the end of the SUB-GRANTEE
fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to'determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The SUB-GRANTEE shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with Circular A-133 is a
material requirement of this Grant Agreement. In the absence of a valid claim of
exemption from the audit requirements of Circular A-133, the SUB-GRANTEES failure to
comply with said audit requirements may result in one or more of the following actions in
the Department's sole discretion: a percentage of federal awards being withheld until the
audit is completed in accordance with Circular A-133; the withholding or disallowing of
overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
DHS-FEMA-EMPG-FFY 14 Page 14 of 38 City of Kent OEM, E15-135
A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or
services to be provided under this Agreement. SUB-GRANTEE shall not invoice the
Department in advance of delivery and invoicing of such goods or services.
AA AMENDMENTS AND MODIFICATIONS
The SUB-GRANTEE or the DEPARTMENT may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the DEPARTMENT and the SUB-GRANTEE. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE "ADA" 28 CFR Part 35.
The SUB-GRANTEE must comply with the ADA, which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 ASSURANCES
DEPARTMENT and SUB-GRANTEE agree that all activity pursuant to this Grant
Agreement will be in accordance with all the applicable current federal, state and local
laws, rules and regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the SUB-GRANTEE certifies that
the SUB-GRANTEE is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this Grant Agreement by
any federal department or agency.
If requested by the DEPARTMENT, the SUB-GRANTEE shall complete and sign a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
form. Any such form completed by the SUB-GRANTEE for this Grant Agreement shall
be incorporated into this Grant Agreement by reference.
Further, the SUB-GRANTEE agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180.
The SUB-GRANTEE certifies that it will ensure that potential sub-contractors or sub-
recipients or any of their principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions' by any federal department or agency. "Covered transactions" include
procurement contracts for goods or services awarded under a non-procurement
transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed
$25,000, and sub-awards to sub-recipients for any amount. With respect to covered
transactions, the SUB-GRANTEE may comply with this provision by obtaining a
certification statement from the potential sub-contractor or sub-recipient or by checking
the System for Award Management ht( tp://www.sam.gov) maintained by the federal
government. The SUB-GRANTEE also agrees not to enter into any arrangements or
contracts with any party on the Washington State Department of Labor and Industries'
"Debarred Contractor List" (http://www.ini.wa.gov/TradggLicensing/PrevWage/Awarding
Agencies/DebarredContractors/). The SUB-GRANTEE also agrees not to enter into any
agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(http://www.des.wa.gov/services/ContractingPurchasinq/Business/Pages/Vendor-
Debarment.aspx).
DHS-FEMA-EMPG-FFY 14 Page 15 of 38 City of Kent OEM, E15-135
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 10 CFR Part 601, the Sub-grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub-grantee to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; (2) that if any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Grant
Agreement, grant, loan, or cooperative agreement, the Sub-grantee will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; (3) and that, as applicable, the Sub-grantee will require that the language of
this certification be included in the award documents for all subawards at all tiers
(including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, and is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the
SUB-GRANTEE or its designees or agents; no member of the governing body of the
jurisdiction in which the project is undertaken or located; and no other official of such the
SUB-GRANTEE who exercises any functions or responsibilities with respect to the
project during his or her tenure, shall have any personal or pecuniary gain or interest,
direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Grant Agreement,
The SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or
subcontracts, a provision prohibiting such interest pursuant to this provision.
AA0 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT
POLICIES
The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is
not responsible for determining compliance with, any and all applicable federal, state,
and local laws, regulations, executive orders, OMB Circulars, and/or policies. This
obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy
Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities
Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL
93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against
Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56),
Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW
43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for
Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to
comply with any applicable law, regulation, executive order, OMB Circular or policy, the
DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in
part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability
arising from its failure to comply with applicable law, regulation, executive order, OMB
Circular or policy.
DHS-FEMA-EMPG-FFY 14 Page 16 of 38 City of Kent OEM, E15-135
i
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for
any purpose not directly connected with the administration of the DEPARTMENT's or the
SUB-GRANTEE's responsibilities with respect to services provided under this Grant
Agreement is prohibited except by prior written consent of the DEPARTMENT or as
required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party
may request a dispute resolution panel to resolve the dispute. A request for a dispute
resolution board shall be in writing, state the disputed issues, state the relative positions
of the parties, and be sent to all parties. The panel shall consist of a representative
appointed by the Department, a representative appointed by the Contractor and a third
party mutually agreed upon by both parties. The panel shall, by majority vote, resolve
the dispute. Each party shall bear the cost for its panel member and its attorney fees
and costs, and share equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the
parties to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will
protect, save and hold harmless the DEPARTMENT, the State of Washington, and the
United States Government and their authorized agents and employees, from all claims,
actions, costs, damages or expenses of any nature whatsoever by reason of the acts or
omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors,
consultants, licensees, invitees, employees or any person whomsoever arising out of or
in connection with any acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the SUB-GRANTEE further agrees to defend the
DEPARTMENT and the State of Washington and their authorized agents and employees
in any litigation; including payment of any costs or attorneys' fees for any claims or
action commenced thereon arising out of or in connection with acts or activities
authorized by this Grant Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the DEPARTMENT; provided, that if the claims or
damages are caused by or result from the concurrent negligence of (1) the
DEPARTMENT, and (2) the SUB-GRANTEE, its agents, or employees, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the SUB-
GRANTEE, or.SUB-GRANTEE's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim
based upon the exercise or performance of, or the failure to exercise or perform a
discretionary function or duty on the part of a federal agency or an employee of the
federal government in carrying out the provisions of the Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the DEPARTMENT's Authorized
Signature and the Authorized Signature of the assigned SUB-GRANTEE Agent or
Alternate for the SUB-GRANTEE Agent, formally designated in writing, shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant Agreement. Any alteration, amendment, modification, or waiver
DHS-FEMA-EMPG-FFY 14 Page 17 of 38 City of Kent OEM, E15-135
of any clause or condition of this Grant Agreement is not effective or binding unless
made in writing and signed by both parties Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the SUB-
GRANTEE shall have signature authority to sign reimbursement requests, time
extension requests, amendment and modification requests, requests for changes to
projects or work plans, and other requests, certifications and documents authorized by
or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to normal
completion or end date, the DEPARTMENT may unilaterally reduce the scope of work
and budget or unilaterally terminate all or part of the Agreement as a "Termination for
Cause" without providing the SUB-GRANTEE an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and
Modifications" to comply with new funding limitations and conditions, although the
Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
be transferred or assigned by the SUB-GRANTEE.
A.17 NONDISCRIMINATION
The SUB-GRANTEE shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory) be
denied the benefits of, or otherwise be subjected to discrimination under any project,
program, or activity, funded, in whole or in part, under this Grant Agreement.
A.18 NOTICES
The SUB-GRANTEE shall comply with all public notices or notices to individuals
required by applicable local, state and federal laws and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHAAVISHA)
The SUB-GRANTEE represents and warrants that its work place does now or will meet
all applicable federal and state safety and health regulations that are in effect during the
SUB-GRANTEE's performance under this Grant Agreement. To the extent allowed by
law, the SUB-GRANTEE further agrees to indemnify and hold harmless the
DEPARTMENT and its employees and agents from all liability, damages and costs of
any nature, including but not limited to, costs of suits and attorneys' fees assessed
against the DEPARTMENT, as a result of the failure of the SUB-GRANTEE to so
comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the SUB-
GRANTEE. The SUB-GRANTEE shall assume all liabilities arising from the ownership
and operation of the project and agrees to hold the DEPARTMENT and the state of
Washington and the United States government harmless from any and all causes of
action arising from the ownership and operation of the project.
DHS-FEMA-EMPG-FFY 14 Page 18 of 38 City of Kent OEM, E15-135
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity 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, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The SUB-GRANTEE agrees to submit to the DEPARTMENT prior to issuance all
advertising and publicity matters relating to this Grant Agreement wherein the
DEPARTMENT's name is mentioned or language used from which the connection of the
DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied.
The SUB-GRANTEE agrees not to publish or use such advertising and publicity matters
without the prior written consent of the DEPARTMENT. The SUB-GRANTEE may
copyright original work it develops in the course of or under this Grant Agreement;
however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use the work for government purposes.
Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA's financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the SUB-GRANTEE fails to expend funds under this Agreement in
accordance with applicable federal, state, and local laws and/or the provisions of the
Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for the life
of the project following Grant Agreement termination. Repayment by the SUB-
GRANTEE of funds under this recapture provision shall occur within 30 days of demand.
In the event the DEPARTMENT is required to institute legal proceedings to enforce the
recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including
attorney fees.
A.25 RECORDS
a. The SUB-GRANTEE agrees to maintain all books, records, documents, receipts,
invoices and all other electronic or written records necessary to sufficiently and
properly reflect the SUB-GRANTEE's contracts, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Grant Agreement (the "records").
b. The SUB-GRANTEE's records related to this Grant Agreement and the projects
funded may be inspected and audited by the DEPARTMENT or its designee, by the
Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller
General of the United States or its designees, or by other state or federal officials
authorized by law, for the purposes of determining compliance by the SUB-
GRANTEE with the terms of this Grant Agreement and to determine the appropriate
level of funding to be paid under the Grant Agreement.
c. The records shall be made available by the SUB-GRANTEE for such inspection and
audit, together with suitable space for such purpose, at any and all times during the
SUB-GRANTEE's normal working day.
DHS-FEMA-EMPG-FFY 14 Page 19 of 38 City of Kent OEM, E15-135
d. The SUB-GRANTEE shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following
final payment and closure of the grant under this Grant Agreement.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUB-GRANTEE with the
project/statement of work/work plan (project) by providing grant funds pursuant to this
Grant Agreement, the project itself remains the sole responsibility of the SUB-
GRANTEE. The DEPARTMENT undertakes no responsibility to the SUB-GRANTEE, or
to any third party, other than as is expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the SUB-GRANTEE, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
Prior to the start of any construction activity, the SUB-GRANTEE shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The SUB-GRANTEE shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the SUB-GRANTEE in connection with the project.
The SUB-GRANTEE shall not look to the DEPARTMENT, or to any state or federal
agency, or to any of their employees or agents, for any performance, assistance, or any
payment or indemnity, including but not limited to cost of defense and/or attorneys' fees,
in connection with any claim or lawsuit brought by any third party related to any design,
development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.28 SUB-CONTRACTING
The SUB-GRANTEE shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-GRANTEE.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-contractors or sub-recipients must contain the following
provisions regarding procurement, per 44 CFR Part 13.36(i):
1. Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2. Termination for cause and for convenience by the grantee or sub-grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of$10,000).
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
DHS-FEMA-EMPG-FFY 14 Page 20 of 38 City of Kent OEM, E15-135
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub-grantees).
i
4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction or repair).
5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in
excess of $2,000 awarded by grantees and sub-grantees when required by Federal
grant program legislation).
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers).
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11. Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of
amounts in excess of$100,000).
13. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
The DEPARTMENT reserves the right to review the Sub-Grantee procurement plans
and documents, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub-
Grantee must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the
costs of the project and to allow both the Sub-Grantee and DEPARTMENT to make a
determination on eligibility of project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.29 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Grant Agreement. The SUB-GRANTEE, and/or employees or agents performing under
this Grant Agreement are not employees or agents of the DEPARTMENT in any manner
whatsoever. The SUB-GRANTEE will not be presented as nor claim to be an officer or
DHS-FEMA-EMPG-FFY 14 Page 21 of 38 City of Kent OEM, E15-135
employee of the DEPARTMENT or of the State of Washington by reason of this Grant
Agreement, nor will the SUB-GRANTEE make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of the DEPARTMENT or of
the State of Washington by reason of this Grant Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security
benefits, retirement membership or credit, or privilege or benefit which would accrue to a
civil service employee under Chapter 41.06 RCW.
It is understood that if the SUB-GRANTEE is another state department, state agency,
state university, state college, state community college, state board, or state
commission, that the officers and employees are employed by the state of Washington in
their own right and not by reason of this Grant Agreement.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the SUB-GRANTEE shall be
responsible for, pay and maintain in current status all taxes, unemployment
contributions, fees, licenses, assessments, permit charges and expenses of any other
kind for the SUB-GRANTEE or its staff required by statute or regulation that are
applicable to Grant Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the SUB-GRANTEE may
terminate this Grant Agreement by providing written notice of such termination to the
DEPARTMENTS's Key Personnel identified in the Grant Agreement, specifying the
effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the DEPARTMENT, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice,
beginning on the second day after mailing to the SUB-GRANTEE. Upon notice of
termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Grant Agreement, withhold further payments, or prohibit the SUB-GRANTEE from
incurring additional obligations of funds. In the event of termination, the SUB-GRANTEE
shall be liable for all damages as authorized by law. The rights and remedies of the
DEPARTMENT provided for in this section shall not be exclusive and are in addition to
any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUB-GRANTEE
has failed to fulfill in a timely and proper manner its obligations under this Grant
Agreement, is in an unsound financial condition so as to endanger performance
hereunder, is in violation of any laws or regulations that render the SUB-GRANTEE
unable to perform any aspect of the Grant Agreement, or has violated any of the
covenants, agreements or stipulations of this Grant Agreement, the DEPARTMENT has
the right to immediately suspend or terminate this Grant Agreement in whole or in part.
The DEPARTMENT may notify the SUB-GRANTEE in writing of the need to take
corrective action and provide a period of time in which to cure. The DEPARTMENT is
not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as
determined solely within the DEPARTMENT's discretion. Any time allowed for cure shall
not diminish or eliminate the SUB-GRANTEE's liability for damages or otherwise affect
any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUB-GRANTEE an opportunity to cure, the DEPARTMENT shall notify the SUB-
GRANTEE in writing of the need to take corrective action. If the corrective action is not
taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if
such corrective action is deemed by the DEPARTMENT to be insufficient, the Grant
Agreement may be terminated in whole or in part.
DHS-FEMA-EMPG-FFY 14 Page 22 of 38 City of Kent OEM, E15-135
The DEPARTMENT reserves the right to suspend all or part of the Grant Agreement,
withhold further payments, or prohibit the SUB-GRANTEE from incurring additional
obligations of funds during investigation of the alleged compliance breach, pending
corrective action by the SUB-GRANTEE, if allowed, or pending a decision by the
DEPARTMENT to terminate the Grant Agreement in whole or in part.
In the event of termination, the SUB-GRANTEE shall be liable for all damages as
authorized by law, including but not limited to, any cost difference between the original
Grant Agreement and the replacement or cover Grant Agreement and all administrative
costs directly related to the replacement Grant Agreement, e.g., cost of administering the
competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be
exclusive and are in addition to any other rights and remedies provided by law.
If it is determined that the SUB-GRANTEE: (1) was not in default or material breach, or
(2) failure to perform was outside of the SUB-GRANTEE's control, fault or negligence,
the termination shall be deemed to be a "Termination for Convenience".
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Grant
Agreement, the SUB-GRANTEE shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the DEPARTMENT may require the SUB-GRANTEE
to deliver to the DEPARTMENT any property specifically produced or acquired for the
performance of such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUB-
GRANTEE the agreed upon price, if separately stated, for properly authorized and
completed work and services rendered or goods delivered to and accepted by the
DEPARTMENT prior to the effective date of Grant Agreement termination, and the
amount agreed upon by the SUB-GRANTEE and the DEPARTMENT for (i) completed
work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided
which are accepted by the DEPARTMENT, (iii) other work, services and/or equipment or
supplies which are accepted by the DEPARTMENT, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the
"Disputes" clause of this Grant Agreement. If the termination is for cause, the
DEPARTMENT shall determine the extent of the liability of the DEPARTMENT. The
DEPARTMENT shall have no other obligation to the SUB-GRANTEE for termination.
The DEPARTMENT may withhold from any amounts due the SUB-GRANTEE such sum
as the DEPARTMENT determines to be necessary to protect the DEPARTMENT against
potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Grant Agreement shall
not be exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
DEPARTMENT in writing, the SUB-GRANTEE shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in the
notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment
and/or facilities in relation to this Grant Agreement except as may be necessary for
completion of such portion of the work under the Grant Agreement as is not
terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed
by the DEPARTMENT, all of the rights, title, and interest of the SUB-GRANTEE
under the orders and sub-contracts so terminated, in which case the DEPARTMENT
DHS-FEMA-EMPG-FFY 14 Page 23 of 38 City of Kent OEM, E15-135
has the right, at its discretion, to settle or pay any or all claims arising out of the
termination of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and sub-contracts, with the approval or ratification of the DEPARTMENT to the
extent the DEPARTMENT may require, which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to
the extent directed by the DEPATMENT any property which, if the Grant Agreement
had been completed, would have been required to be furnished to the
DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by
the DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for
the protection and preservation of the property related to this Grant Agreement which
is in the possession of the SUB-GRANTEE and in which the DEPARTMENT has or
may acquire an interest.
A.34 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The SUB-GRANTEE may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example:
parking) that are authorized under this Agreement.
A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUB-GRANTEE is encouraged to utilize business firms that are certified as
minority-owned and/or women-owned in carrying out the purposes of this Grant
Agreement. The SUB-GRANTEE may set utilization standards, based upon local
conditions or may utilize the state of Washington MWBE goals, as identified in WAC
326-30-041.
A.36 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon
strict performance of any provision of the Grant Agreement or to exercise any right
based upon a breach thereof, or the acceptance of any performance during such breach,
shall not constitute a waiver of any right under this Grant Agreement.
A.37 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the
validity and performance shall be governed by, the laws of the state of Washington.
Venue of any suit between the parties arising out of this Grant Agreement shall be the
Superior Court of Thurston County, Washington. The SUB-GRANTEE, by execution of
this Grant Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
DHS-FEMA-EMPG-FFY 14 Page 24 of 38 City of Kent OEM, E15-135
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, sustainment and improvement of state, local, and
tribal emergency management programs. Activities conducted using EMPG funding should relate directly to
the five elements of emergency management: prevention; protection; response; recovery, and mitigation.
Washington State does not require a specific number of activities to receive EMPG funding. However,
there are required capabilities that must be conducted in order to remain eligible for EMPG funding,
including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan
and be NIMS compliant. The Work Plan delineates the EMO's emergency management program planning
and priority focus for this grant cycle (to include 14EMPG grant and local funds).
Program Area #1 Public Education / Community Training
To educate the citizens of the types of disasters and threats that could happen in this region and to help
them understand ways they can prevent, assist and help in the during the different phases of a disaster.
By having more citizens trained and/or having a greater understanding of what to do in a disaster it will help
in the rebuilding of our community by having fewer injuries and less strain on emergency personnel.
Emergency Management Function: Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
Community Emergency Response Team (CERT) sustainment
Teach two iterations of the full 8 week long FEMA CERT course using the
1 approved curriculum. Accommodate students from the general citizenry in
Description: Kent and Fire District 37, the business community in the greater Kent area,
U) and employees from the City of Kent, City of Covington, Kent Fire
w Department, and Kent/Covington Schools
h
Business/Neighborhood/School Trainings sustainment
U 2 Conduct public disaster/emergency preparedness education programs for
Description: the citizens, schools, and businesses in the community.
CERT Continuing Education sustainment
3 Conduct continuing education classes for past CERT graduates, to improve
Description: and refresh skills, and to enhance ability to respond in the community.
Program Area#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 regional/statewide exercises such as field day, the
great shakeout and on 5th Saturdays. The emphasis in on filling communications gaps identified in the
communication plan. Gaps were related to sufficient trained staff, a mobile communications cache, and
communications interoperability with dispatching agencies and neighboring jurisdictions.
Emergency Management Function: I Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 Page 25 of 38 City of Kent OEM, E15-135
Sustainment or
# Activity Enhancement
111,10
Field Day sustainment
KCST participates in the annual "Field Day" nation-wide exercise which
emphasizes emergency communications. This two-day exercise is
1 conducted in the field and relies on emergency power, and provides a
Description: chance to test the gasoline generators and our disaster communications
center kits, as well as coordination with local CERT teams.
5th Saturday Drill enhancement
Kent Communications Support Team (KCST) to holds a drill on each 5th
Saturday in 2014/1015. In addition to taking part in the emergency scenario
2 designed by the state EMD, KCST conducts its own exercise to achieve
Description: local objectives. The drill includes communicating with King County, regional
EOC, and with the state EMD in a variety of redundant communications,
such as phone, fax, amateur radio, and email.
Weekly NETS / Regular meetings sustainment
co w Weekly nets are radio-based "meetings" requiring members to use radio
p_ equipment to check-in, pass formal or informal messages, and verify the
> 3 proper operation of their equipment. The "net control' role is rotated through
aDescription: 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 its mobile/portable communications
capability by re-activating a portable "disaster communications center"for
4 the City. In addition, some older equipment is being re-purposed to serve as
Description: a part of a radio cache to be distributed as needed in an emergency
situation. Along with the positioning of equipment, procedures and trainings
are in development to make more volunteers competent in system use.
Participate in development of regional communication plan enhancement
Team members participate in the development of a regional communications
5 plan by documenting equipment, procedures, and systems currently used in
Description: the Kent ECC. Based on identified capabilities and gaps, recommendations
are made to resolve the problems and implement best practices.
Program Area #3 1 Community Events
To discuss with the community the importance of disaster preparedness and make them aware of the
disasters/threats in our community. Also to teach our younger community the importance of preparedness
through activities geared towards kids of all ages.
Emergency Management Function: Crisis Communications, Public Education and Information
DHS-FEMA-EMPG-FFY 14 Page 26 of 38 City of Kent OEM, E15-135
f.
I
Sustainment or
# Activity Enhancement
Cornucopia/Covington Days sustainment
1 Set up and staff visual public display emergency preparation booths for (2)
Description: large citywide events (Kent Cornucopia Days and Covington Days); and
distribute preparedness information and flyers.
National Night Out I sustainment
National Night Out (NNO) is a neighborhood crime prevention and
2 preparedness event held every August. Kent OEM visits with multiple
Description: neighborhoods to hand out disaster preparedness information and talk to the
community about personal/neighborhood disaster preparedness and the
CERT Class.
W Kid Safety Day sustainment
°= King County Fire & Life Safety Association host's the Annual Kid's Safety
FDay at the museum of flight every July. Fire/Police/Emergency Management
U 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 F sustainment
4 A free annual event in Kent every August to celebrate kids in the community,
Description. with a preparedness activity booth for kids, as well as handing out important
disaster preparedness information to children and adults.
School Events sustainment
5 Conduct disaster/emergency preparedness education programs for the
Description: I schools in the community.
Program Area #4 1 Operational Communication
Ensure communication is maintained and personnel are well trained; participate in multiple radio drills;
develop a backup radios stem plan to ensure redundant communications in a disaster.
Emergency Management Function: I Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
CEMNET sustainment
Work with EMD to ensure Comprehensive Emergency Management Network
1 (CEMNET) capability is maintained and participate in scheduled testing
Description: between local Emergency Operations Center (EOC) or similar facility and the
W state EOC.
F Citywide Radios sustainment
> Conduct a monthly Citywide radio drill on the 800 MHz radio Kent Citywide
4 2 Description: Radio System between the Kent ECC and all designated Department
Operating Centers (DOC's).
County 800 MHz I sustainment
3 Description: Participate in the King County 800 MHz radio test monthly.
4 1 VHF sustainment
DHS-FEMA-EMPG-FFY 14 Page 27 of 38 City of Kent OEM, E15-135 '',
Working with City Radio shop to develop a backup radio system and
Description: communications plan.
Program Area#5 1 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
1 To participate in the design, conduct, and evaluation of at least one exercise
Description: during the performance period.
2 Great Washington Shakeout enhancement
w Description: To participate in the Great Washington Shakeout 2014 Exercise.
w H ECC Setup/ Drills/Trainings enhancement
> Continue to conduct monthly ECC in service days to test systems on a
Q3 Description: rotating basis. All systems such as electronics, displays, forms, and other
material required for activation are checked and tested.
Collaborative training with NGO's, FBO's and other regional partners enhancement
4 To participate in the design, conduct and evaluation of drills/exercise
Description: /trainings with area Non-Governmental Organizations (NGOs), Faith Based
Organizations (FBOs), and other regional partners.
Program Area #6 Professional Development
Continue to enhance professional development of staff through attendance to conferences, trainings, and
classes.
Emergency Management Function: ITraining
Sustainment or
# Activity Enhancement
05
Conferences sustainment
1 Send staff to approved conferences, such as but not limited to, Partners in
Description: Preparedness and WSEMA to enhance personnel professionalism in
emergency management.
Trainings/ Classes sustainment
to
LU 2
� Send staff to approved available trainings/ classes to enhance professional
> Description: development in emergency management.
t—
U EMI sustainment
Q
3 Send staff to approved available FEMA EMI (Emergency Management
Description: Institute) classes to enhance professional development in emergency
management.
WSEMA, Partners, IAEM, Zone 3 EM, EMAC sustainment
4
Description: Participate in local emergency management organization meetings.
DHS-FEMA-EMPG-FFY 14 Page 28 of 38 City of Kent OEM, E15-135
Program Area #7 Planning
Continue to review, coordinate, and participate in required and other planning that supports Kent
Emergency Management.
Emergency Management Function: I Operational Planning
Sustainment or
# Activity Enhancement
CEMP sustainment
To review the Comprehensive Emergency Management Plan (CEMP) and
supporting Emergency Support Functions (ESFs)for compliance with both
Description: the National Response Framework and National Incident Management
System. Update plan based on gaps identified during exercises and incident
response.
COOP sustainment
2 To continue to coordinate COOP plan development for all city departments,
w Description:
w review draft plans and assist with standardizations for essential functions.
Sara Title 3 -Tier II sustainment
3 To Receive, Review and Document Tier Its from Hazmat facilities in Kent,
v Description:
B updating to close gaps identified during exercises and incident response.
NIMS sustainment
4 To be fully compliant with Federal National Incident Management System
Description: (NIMS) training requirements, and track personnel training completion.
Workgroups (Citizen Corp, Mass Care, LEPC, EPC, RCPG) sustainment
To continue participation in and/or conduct local emergency management
5 workgroups/meetings, including LEPC (Local Emergency Planning Group),
Description: EPC (Kent Emergency Planning Committee), RCPG (Regional Catastrophic
Plannin Grou ,Mass Care and Citizen Corp.
Program Area #8 Upgrades/ Improvements
Expand the capabilities and effectiveness of the Kent ECC, DOC's, Volunteer Management and KCST.
Emergency Management Function: Operations and Procedures
Sustainment or
# Activity Enhancement
ECC enhancement
1 Identify enhancement opportunities of the Kent OEM ECC and plan for
Description: upgrades and updates.
DOC enhancement
as 2 Identify enhancement opportunities of Kent DOC's (Department Operating
w Description:F Centers) functionalities and capabilities and plan for upgrades and updates.
h
Volunteer Management enhancement
3 Develop and train a volunteer team to support multiple functions within the
Description: ECC and/or Disaster Preparedness/Recovery as per WAC 118.04
KCST Fenhancement
4 Acquire and deploy approved mobile radio equipment to provide emergency
Description: backup communications service for all responder sites, to include training of
operators and assembling of mobile kits, which are self contained and
DHS-FEMA-EMPG-FFY 14 Page 29 of 38 City of Kent OEM, E15-135
supports both voice and data communications; independent of commercial
communications infrastructure. Obtain a cache of emergency
communications a ui ment.
mmm
Program Area #9 Public Information and Warning
Continue to communicate with the public via multiple ways in order to relay emergency information,
preparedness info, class/trainings schedules or any other important information that the public may need.
Emergency Management Function: I Communications and Warning
Sustainment or
# Activity Enhancement
Code Red sustainment
1 To maintain and update the reverse 911 community alert system (CodeRed)
Description: for Kent.
Social Media (Face Book, Twitter) sustainment
2 To utilize the city and fire dept. social media channels to communicate with
Description: the community.
Website sustainment
(n 3 To utilize the city and fire dept. WebPages as a resource for outreach and
w Description., information to the local, regional, and business communities.
P
Emergency Alert System (EAS) sustainment
U Work with the local Area Emergency Alert System (EAS) Committee to
4 complete a EAS plan and the Local Relay Network (I-RN) per existing
Description: guidance from the FCC, FEMA, and the State Emergency Communications
Committee with assistance from the State EMD Telecommunications staff.
Community Rating System (CRS) / Storm Ready sustainment
Review the requirements for the FEMA Community Rating System including
5 any impact analysis reports and CRS activities. Coordinate activities with
Description: Public works to determine activities necessary and achievable to reduce
insurance premiums; participate and renew Storm Ready Communities
within Kent.
Program Area #10 1 Hazard Mitigation
Work to mitigate known hazards to the area and research current and new threats. Develop programs and
procedures when necessary to address hazards.
Emergency Management Function: Hazard Mitigation
Sustainment or
# Activity Enhancement
Research and mitigation plan development for different hazards in the sustainment
Kent area. (Landslides, oil/coal trains, etc)
w 1 Description: Continue public awareness level for current and future hazards and threats
P to the region. Incorporate into existing plans and procedures.
> Pipeline awareness and plan development sustainment
F
U 2 Continue an awareness of hazards associated with pipelines. Attend local
Q Description: and regional meetings/training to address issues.
3 1 Cyber security sustainment
DHS-FEMA-EMPG-FFY 14 Page 30 of 38 City of Kent OEM, E15-135
Continue an awareness of cyber security issues and how they relate to
emergency management. Coordinate work with information technology
Description department to enhance security. Attend local and regional meetings &
trainings to address issues.
Plan Maintenance for Hazard Mitigation Plan sustainment
4 Review and update hazard mitigation plan in coordination with King County
Description: OEM.
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: I Administration and Finance
Sustainment or
# Activity Enhancement
Interpretation and Translation services enhancement
11 To utilize interpreters or translation services when needed in
Description: trainings/exercises in order to communicate effectively with the public.
Vehicle Graphics I enhancement
2 To enhance vehicles with graphics that supports the emergency
Description: management mission and the KCST team.
w Document and manual printing enhancement
a-
j 3 Printing of Emergency Management documents and manuals for public
Description: education distribution.
U
Document development enhancement
4 Creation of documents for our ECC, DOC, KCST, etc. to enhance functional
Description: ability
Technology development enhancement
5 Research and update approved software and other related technology, and
Description: develop or research systems that serve the community more efficiently.
Program Area#12 1 OEM Vehicles
Purchase 2 cargo vans: 1 cargo van for Kent Communications Support Team (KCST) and 1 cargo van for
Kent Office of Emergency Management. There is no plan to replace current vehicles from local funding.
Emergency Management Function: Crisis Communications, Public Education and Information
Sustainment or
# Activity Enhancement
DHS-FEMA-EMPG-FFY 14 Page 31 of 38 City of Kent OEM, E15-135
Purchase Vehicles enhancement
� 1
FDescription: Purchasing of two approved cargo vans.
> Equip Vans sustainment
i=
U 2 Equip vans with the necessary equipment such as radios, antennas,
Description: computers, etc., to achieve operational objectives
Program Area #13 LEPC
Continue to support the growth of regional hazmat response and facility coordination through trainings and
drills. Coordinate and conduct analysis of crude oil movement through the valley and its impacts. Continue
database support for Tier II sites/integrate into response access. Ensure EPCRA mandates are met.
Hazard Identification, Risk Assessment, and Consequence
Emergency Management Function: Analysis
Sustainment or
# Activity Enhancement
Drills/ Exercises sustainment
Coordinate with Zone 3 hazmat teams to conduct drills and exercises in
1 existing facilities or through simulation to test plans, personnel, and
Description; equipment capabilities. Continue to coordinate with Zone 1 & Zone 5 hazmat
teams regarding collaboration of functionality.
Hazmat Mitigation Emergency Response Plan (HMERP) sustainment
2 Update the Kent HMERP to include recent changes and data inputs
LLIDescription: regarding Tier II sites, response areas, and overall mission guidance.
Local / Regional Meetings sustainment
� 9 9
a Represent the LEPC on the King County Emergency Management Advisory
3 Committee at the monthly meetings. Participate with the King County LEPC.
Description: Conduct Kent LEPC meetings as needed and support website accuracy on
current events related to hazardous materials.
Database Management Isustainment
4 Expand the Tier II database created by Kent LEPC for use by external
Description: partners such as King County and Zone 3 hazmat partners and affiliates.
am
DHS-FEMA-EMPG-FFY 14 Page 32 of 38 City of Kent OEM, E15-135
Exhibit D
MILESTONE TIMELINE
FFY14 Emergency Management Performance Grant Program
MILESTONE TASK
June 1, 2014 Start of Grant Agreement performance period.
January 31, 2015' Submit reimbursement request
June 30, 2015 Submit reimbursement request
August 31, 2015 End of grant performance period.
October 15, 2015 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 14 Page 33 of 38 City of Kent OEM, E15-135
Exhibit E
Budget Sheet
FFY14 Emergency Management Performance Grant Program
SOLUTION
AREA BUDGETCATEGORY AMOUNT NARRATIVE
z Planning,printing,software,COOP and LEPC
z Goods &_Services $ _1,250 planning materials
Indirect $ -
a
Subtotal $ 1,250
Consultants/Contractors $ 19,175 For ECC upgrades
�FM Office Supplies,materials,instructional
support for day today operations, IT,copier
O Goods &Services $ 1,300 usage,phones and uniforms
Indirect $
Subtotal $ 20,475
Tools/Equipment-2 vehicle purchases for Kent
OEM and Kent Comrnuni cation Support Team
a (KCST),Tools/Equipment-for OEM,FCC,DOC's
Equipment $ 64,000
Indirect $
Subtotal $ 64,000
Supplies,Materials,Instructional Supportfor
Goods &Services $ 1,000 OEMtrainings
2 Travel/Conferences/Registration/Per
Z Diem/Training. Examples are WSEMA,EMI,
Travel/Per Diem $ 6,000 IAEM,PIEP, LEPC.
F $
nd rect
subtotal $ 7,000
W Supplies,Materials,Instructional Supportfor
� Goods &Services $ 800
OEM exercises
w Indirect $ -
X
W
Subtotal $ 800
TOTAL Grant Agreement Contract
AMOUNT: $ 93,525 ;a a ,41'°;, i�=�.' '•
• City of Kent- Office of Emergency Management (OEM) will provide a match of$93,525, 50% of the total project cost
(local/tribal budget plus EMPG award), of non-federal origin.
• Cumulative changes to budget categories in excess of 10% of the grant agreement award will not be reimbursed
without prior written authorization from the Department.
• This award will not be used to supplant the local/tribal funds.
• The Department's Reimbursement Spreadsheet must accompany each reimbursement request submitted.
• The Sub-grantee agrees to make all records available to Department staff, upon request.
Funding Source: U.S. Department of Homeland Security- PI#743PT—EMPG
DHS-FEMA-EMPG-FFY 14 Page 34 of 38 City of Kent OEM, E15-135
ATTACHMENT#1
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006, The
FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be
made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans,
awards, cooperative agreements, and other forms of financial assistance as well as contracts, subcontracts,
purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual
transactions below$25,000 or credit card transactions before October 1, 2008. However, if an award is initially
below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients
are required by the Military Department to be familiar with the FFATA requirements and complete this
Worksheet for each contract for the State's submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This grant agreement contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of
Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of
Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this grant agreement contract, the
sub-grantee agrees to provide all applicable reporting information to the Washington Military
Department (WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database (USASpending.gov)
containing information about entities that are awarded Federal grants, loans, and contracts. As
required by FFATA and OMB Guidance, certain information on the first-tier subawards related to
Federal contracts and grants, and the executive compensation of awardees, must be made publicly
available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than
$25,000, reporting of the subaward and executive compensation information is required. If the initial
subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or
over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward
exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the subaward continues to be subject
to the reporting requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this grant agreement contract, your organization is required by
FFATA, OMB Guidance and this grant agreement contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable
subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number,
and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award
Management (SAM) is a government wide registration system for organizations that do business
with the Federal Government. SAM stores information about awardees including financial account
information for payment purposes and a link to D&B for maintaining current DUNS information,
http://www.sam.gov. WMD requires SAM registration and annual renewal by your organization to
minimize unnecessary data entry and re-entry required by both WMD and your organization. It will
also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from
the firm Dun and Bradstreet (D&B) (http://www.dnb.com). A DUNS number provides a method to
verify data about your organization. D&B is responsible for maintaining unique identifiers and
organizational linkages on behalf of the Federal Government for organizations receiving Federal
assistance.
DHS-FEMA-EMPG-FFY 14 Page 35 of 38 City of Kent OEM, E15-135
E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the
five (5) most highly compensated officers of your organization (as the subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues
from Federal awards, and
2. The public does not have access to this information about the compensation of the senior
executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986.
"Total compensation" for purposes of this requirement generally means the cash and non-cash value
earned by the executive during the past fiscal year and includes salary and bonus; awards of stock,
stock options and stock appreciation rights; and other compensation such as severance and
termination payments, and value of life insurance paid on behalf of the employee, and as otherwise
provided by FFATA and applicable OMB guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its annual gross
revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal
awards, and (2) the public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the
Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal
Revenue Code of 1986, insert the names and total compensation for the five most highly compensated
officers of your organization in the table below.
DHS-FEMA-EMPG-FFY 14 Page 36 of 38 City of Kent OEM, E15-135
WORKSHEE T
Subrecipient Agency; C
Grant and Year: E d01 Agreement plumber: E 15-i
Completed by: SS�'t�5(p-fit-P�
Name �fAZ-P� Trtle Em eCl fi�$ .Tale hone
Date Completed:
YES STOP, no further analysis NO
Is your grant agreement less than$25,0007 r H needed,GO to Step 6 IT r GO to Step 2
M. M�iM R,RO..•'4 tc �..�,�Dwx'�f.`,�i`. �a!0.0 '.-�fii�a� -a
In
In your preceding fiscal year,did your YES NO STOP, no further
organization receive 80%or more of its annual rl f GO to STEP 3 analysis needed,GO
gross revenues from federal funding? r to Step 6
V'R r S i yyit ..�;•y.�}r � �,5.-..'��}W'"J- w,vy��a ,�;y 't2wx'y
V• xYek i. n In `J1 J+.� 0.`uk: .ti.N �
In your preceding fiscal year,did your YES NO STOP, no further
organization receive$26,000,000 or more in t GO to STEP 4 ( analysis needed, GO
federal funding? CI r a to Step 6
E1,'w+�tw �+..r` r .:�a+ a�i�,}4.�i'S'w'+o`�a.`,i1F •. 's, aa"''v ,�a
Does the public have access to information about YES STOP,no further analysis NO
the total compensatlon"of senior executives In t f GO to STEP 5
your organization? �l needed,GO to step 6
..y M ,D,'��y4 ),' ,q Y 1 � o-,•;',^�) `ST�I?�$` r<.�i/.ry $N' J i+.•4 ,�(y�.1^a''., z..,N
y `•Rv\fo` nV,:.i'.Y". M\. J W. L
�. ...........( ra` 'wt ayr: T5'txv, L5'S^ str '�.t LE q'g rly�y�bd +,i e ay tt : f4xS 5`*z iae t e X'C
tvht T t "SS b'
sFJCSCB11Ve ��F� '.fOta,f.O[atlBIJ58tI0r181rlbnrltk ;}, :.' ' s
Executive#2 Name:
Total Compensation amount: $
rExecrf�rve`#3 r r
Name:
Executive#4
Total Compensation amount: $
',T�fal bOf�lp.CgSat19n,af770llfJt -
{
a5..z�.��• .a�t�'��.is�� .r. ?�._,.>�o�, .wJ,�s{STEF33,B:��'+t N< 'a:['�'�'a ten.,�.r,)z, .'?:�r.�,3'FtW
If your organization dues not meet these criteria,specifically Identify below each criteria that is not met for your
organization:For Example:"Our organization received less than 25 000."
signature; A, r1A_A� Date:
Total compensation refers to:
" Salary and bonuses
® Awards of stock, stock options,and stock appreciation rights
° Other compensation Including,but not limited to,severance and termination payments
° Life Insurance value paid on behalf of the employee
Additional Resources:
http:l/www.whhehouse.aov/omb/open
htto://www.hrsa.govlarantslffata,htm l
http•//www mpo gov/fdsys/i)ko/FR-2010-09-14/pdfi2010-227051)df
htto•/lwww.grants.-g
DHS-FEMA-EMPG-FFY 14 Page 37 of 3B City of Kent OEM,E15-136
ATTACHMENT#2
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments,and Non-Profit Organizations
AiCOhtacf nformat®fir 4 - ,
Subreciplent(Sub-Grantee) Name(Agency,Local Government,prOrganizatlon):
Authorized Chief Financial Officer(central accounting Office): MotA
Email: tF)%J ' Phone#: •M {
Purpose: As epees-through agency of feden�t grantAIAA the Washington Military DapadmerittEmergancy Management Division
(1NMD/EMD)Is required by Office of Management and Budget(OMB)Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subreciplents expending$500,000 or more In federal awards during
their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity Is a subredplent subject to such monitoring by
MIUEMD because It is a non-federal entity that expends federal grant funds received from MIUEMD as a pass-through entity to carry
out a federal.progmm. OMB Circular A-133 can be found at hQ;&ww.whftehoesa.00v1sResFdefaU1W11es/omhjassatMA 33l
a133 revised 2007odf,and it should be consulted when completing this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend$5D0,000 In federal awards In a fiscal year shall
have a single or program-specific audit conducted for that year. If your entity Is not subject to A-133 requirements, you must
complete Section A of this Form. If your entity fs required to complete an A-133 Audit,you must complete Section B of this form.
When completed,you must sign,date,and return this form with your grant agreement contract and every fiscal year thereafter until
the grant agreement contract Is closed. Failure to return this completed Audit Certification Form may result In delay of grant
agreement processing,withholding of federal awards or disallowance of costs,and suspension or termination of federal awards.
SECTION A;iiErfiBes'NOTsrlbect'tbaH�"sUBffre urre»ien'fs'ofOMB::Cfr'cider-A-433
Ourentity is not subjectto the requirements of OMB Circular A-133 beoeuse(check all that apply):
❑ We did not expend W0,000 or more of total federal awards during the fiscal year,
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe): _
However,by signing below,I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)
In which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal
and state agendas and their designees,and that WMDIEMD may request and be provided access to additional Information and/or
documentation to ensure proper stewardship of federal funds. -
SECTiON 8'�EntWes tbafARE sublect to fhe reuurrements ofdDMt3 CrrcularA f33
i;
Cti' ate; a}nfotmapop b"e1ow,arid,cHecktha a ._ro rlate.bo5s. _ _.. . ,. . .
❑ We completed outlast A-133 Audit on[enter dateL_for Fiscal Year ending[enter date) . There were no
findings related to federal awards from WMD/EMD, No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management
response,is either provided electronically to contracts.office0miLwaaov or provide the state auditor report
number:
We completed our last A-133 Audit on[enter date cr for Fiscal Year ending[enter date)JVJW There were
findings related to federal awards.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management response,
Is either provided electronically to contrects.offlce(almil.wa.aov or provide the state auditor report
number: i G I'� � -
❑ Our completed A-133 Audit will be available on, [enterdate)for Fiscal Year ending Tenter date].
We will provide electronic copy of the audit report to contrects.officy o mll.wa.00v at that time or provide the state
auditor report number.
1 hereby certify that I am an Individual authorized by the above identified entity to complete this form. Further,I certify that
the above information is true and correct and all relev aterial fln Ings contained in audit repordstatement have been
disclosed.Additionally,I understand this Form Is to be ub -tied er fiscal ear ;'hich this entity a subreciplent of
federal grant funds from MIUEMD until the grantagree t a is os o
Signature of Authorlizeld Chief Finan�al Officer.
Print Name&Title: `t itfiU
WMD Form 1099-13,8/1912013
DHS-FEMA-EMPG-FFY 14 Page 38 of 38 City of Kent OEM, E15-135