HomeMy WebLinkAboutFI16-107 - Original - Kent Fire Dept Regional Fire Authority (RFA) - MOU: Emergency Management Performance Grant Award (E16-108) - 03/21/2016 av, ern
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Dame: Kent Fire Department Regional Fire Authority
Vendor Dumber: N/A
JD Edwards Number
Contract Dumber: N
This is assigned by City Clerk's Office
Project Dame: Emergency Management Performance Grant Award E16-168
Description: ❑ Interlocai Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other: Memorandum of Understanding
Contract Effective Late: June 1, 20,15 Termination Date: August 31, 2616
Contract Renewal Notice (Lays): 30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Robert Goehring Department: Finance
Contract Amount: N/A
Approval Authority:. (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This MOU establishes the requirements governing the mKent Fire Department RFA's
administration of the EMPG Award (E16-108), 'including ensuring adherence to the terms
and conditions of the Grant Agreement and other federal grant requirements.
As of: 08/2.7/14
HOMELAND SECURITY AWARD
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBER E16-108
This Memorandum of Understanding (MOU), entered into this day of , between
the City of Kent, a Washington municipal corporation (hereinafter the "City") and the Kent
Fire Department Regional Fire Authority (hereinafter the "RFA"), a Washington municipal
corporation formed in accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant
("EMPG") funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public
Law 113-76, as amended by Post-Katrina Emergency Management Reforms Act of
2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762,
Section 662, Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake
Hazards Reduction Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended
by Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, Title 42 U.S.0 5121, as amended by National Flood Insurance Act of 1968, Public
Law 90-448, Title 42 U.S.0 4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the OMB Circular A-133, Chapter 39.34 RCW, and/or by the Constitution and the
enabling laws of the State of Washington; NOW THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
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EMPG E16-108
INDEX To MOU
PART I- GENERAL CONDITIONS..............................................................................................................
1. Scope Of MOU..........................................................................................................................1
2. Scope Of Project.......................................................................................................................1
3. Purpose And Primary Objective..................................................................................................1
4. Commencement And Termination Of MOU ...................................................................................2
5. Administration .........................................................................................................................2
6. Compensation And Method Of Payment.......................................................................................2
7. Eligible Costs...........................................................................................................................3
8. Operating Budget.....................................................................................................................3
9. Amendments ...........................................................................................................................3
10. Assignment And Subcontracting ................................................................................................3
11. Hold Harmless And Indemnification.............................................................................................4
12. Project Close-Out.....................................................................................................................4
13. Insurance................................................................................................................................4
14. Conflict Of Interest...................................................................................................................5
15. Suspension And Termination Of MOU..........................................................................................5
PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS.............................................................
1. Nondiscrimination.....................................................................................................................6
2. Procurement Standards.............................................................................................................8
3. Uniform Administrative Requirements And Cost Principles.. ...........................................................8
4. Labor Standards.......................................................................................................................8
5. Data Universal Numbering System..............................................................................................9
6. Administrative And/Or Financial Requirements.............................................................................9
7. Reimbursement/Invoicing Procedures.........................................................................................9
8. Reporting Requirements............................................................................................................9
9. Equipment Management........................................................................................................... 9
10. Environmental and Historical Preservation...................................................................................9
11. Procurement............................................................................................................................9
12. NIMS Compliancy...................................................................................................................10
13. EMPG Program Specific Requirements....................................................................................... 10
14. General Terms And Conditions................................................................................................ 10
15. EMPG Work Plan..................................................................................................................... 10
16. Public Information.................................................................................................................. 10
17. Other Federal And State Requirements .....................................................................................10
18. Local Requirements................................................................................................................11
PART III - MONITORING AND REPORTING REQUIREMENTS.........................................................................
1. Monitoring............................................................................................................................. 11
2. Fiscal Reporting Responsibilities..............................................................................................................................11
3. Audits...................................................................................................................................it
PART IV- RECORDKEEPING REQUIREMENTS............................................................................................
1. Program Records and Inspections............................................................................................. 12
2. Financial Records ................................................................................................................... 13
3. Records Of Program Operations, Management And Evaluation...................................................... 13
4. Procurement Records..............................................................................................................13
5. Nondiscrimination And Equal-Opportunity Records .....................................................................13
6. Conflict Of Interest.................................................................................................................14
7. Verification Of Subcontractor's Eligibility....................................................................................14
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PART I - GENERAL CONDITIONS
1. SCOPE OF MOU
The agreement between the parties shall consist of this MOU and its signature
page; the recitals page; the general conditions and any special conditions; the
federal, state and local program requirements; the monitoring and reporting
requirements; the recordkeeping requirements; each and every project exhibit,
appendix, and attachment incorporated into the MOU; all matters and laws
incorporated by reference herein; and any written amendments made according to
the general conditions. This MOU supersedes any and all former agreements
applicable to projects attached as Exhibits to this MOU.
2. SCOPE OF PROJECT
The RFA shall use the funds provided herein only to perform the activities
authorized by this MOU and as set forth in the Washington State Military
Department Grant Agreement No. E16-108 (Grant Agreement), which is attached
as Exhibit A and incorporated by this reference. This MOU may be amended in
writing from time to time, in accordance with the general conditions, for the
purpose of adding new projects, amending the scope of work, or for any other
lawful purpose.
3. PURPOSE AND PRIMARY 083ECTIVE
The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of
Homeland Security (DHS) Emergency Management Performance Grant (EMPG)
funds to local jurisdictions and tribes with emergency management programs to
support and enhance those programs as described in the 15EMPG Work Plan
(Exhibit C of the Grant Agreement).
Pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resulting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit C Office of Emergency Management of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to the Grant Agreement to the RFA.
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EMPG E16-108
4. COMMENCEMENT AND TERMINATION OF MOU
This MOU will commence on June 1, 20151 and will terminate on August 31, 2016,
unless otherwise extended in writing through an amendment to the Grant
Agreement. No-work on a project funded by this MOU shall occur prior to June 1,
2015. The RFA shall take all necessary precautions and shall be responsible for the
safety of its employees, agents, and subcontractors in the performance of the
contract work and shall utilize all protection necessary for that purpose. Costs
incurred prior to start date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU shall immediately
terminate without risk or liability to the City and without obligation to disburse
funds or to reimburse RFA any funds expended in anticipation of funding
availability. All work shall be done at RFA's own risk, and RFA shall be responsible
for all losses associated with services provided before the City issues its written
notice to proceed. All acts consistent with the authority of the MOU and prior to the
date of the MOU's execution are hereby ratified and affirmed, and the terms of this
MOU shall be deemed to have applied.
S. ADMINISTRATION
A. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit B,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the A-
19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established through
the Grant Agreement.
B. The RFA shall provide ten (10) days written notice to the City of any changes in
program personnel as established through this MOU and Article I Key Personnel
of the Grant Agreement.
6. COMPENSATION AND METHOD OF PAYMENT
A. The City shall reimburse the RFA only for eligible costs allowed pursuant to, and
in an amount not to exceed the amount specified, in the Grant Agreement, and
according to the procedures developed by the City of Kent. Reimbursement
Any work performed in conformance with this MOU prior to the date of signing, but no earlier than June 1,2015,
is hereby rated.
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shall be based on the A-19 Invoice Form, and completed Reimbursement
Spreadsheet, which shall be submitted to the Military Department by the RFA's
authorized representative.
B. The RFA shall submit an A-19 Invoice Form and completed reimbursement no
later than the due dates listed within the Timeline (Exhibit D of the Grant
Agreement), but not more frequently than monthly. The City reserves the right
to demand and recover reimbursements made for ineligible costs.
7. ELIGIBLE COSTS
A. All costs incurred must be reasonable, necessary and of a nature which clearly
relate to the specific purposes and end product of the Grant Agreement under
which the services are being performed. Care must be taken by all concerned in
incurring costs to assure that expenditures conform to these general standards
and the following criteria for eligibility of costs.
B. To be eligible for reimbursement, costs must:
(1) Conform to the terms and conditions of the Grant Agreement;
(2) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget;
(3) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the RFA;
(4) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein;
(5) Not be allowable under or included as costs of any other federal, state,
local or other RFA-financed programs in either prior or current periods;
(6) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or
refunds; and
(7) Be fully documented.
S. OPERATING BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit E Budget of the Grant Agreement.
9. AMENDMENTS
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
Subsequent to the execution of this MOU, it may be amended in recognition of
EMPG grant agreements accepted by the City. These amendments, if any, will be
routed to the Mayor and Fire Chief for approval and do not require approval by
either the Kent City Council or the Kent Fire Department Regional Fire Authority
Governance Board.
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EMPG E16-108
10. ASSIGNMENT AND SUBCONTRACTING
A. The RFA shall not assign any portion of this MOU without the written consent of
the City, and it is further agreed that said consent must be sought by the RFA
not less than fifteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
11. HOLD HARMLESS AND INDEMNIFICATION
A. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
exception or other financial loss is the result of the City's negligence or failure to
comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
B. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including RFA's employees or third parties on account of
personal injuries, death, or damage to property arising out of services
performed or omissions of services or in any way resulting from the acts or
omissions of the RFA and/or its agents, employees, volunteers, subcontractors,
or representatives under this MOU.
C. The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including City's employees or third parties on account of
personal injuries, death, or damage to property arising out of services
performed or omissions of services or in any way resulting from the acts or
omissions of the City and/or its agents, employees, volunteers, subcontractors,
or representatives under this MOU.
12. PROJECT CLOSE-OUT
The RFA acknowledges and agrees that the amounts set forth in the Grant
Agreement shall be used only to reimburse the RFA for eligible costs incurred by the
RFA during the period set forth in said Grant Agreement and that upon expiration of
such period, or upon earlier termination pursuant to this MOU, the RFA shall have
no interest in any said amount which is not required to reimburse the Agency for
eligible costs incurred before such expiration or earlier termination.
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EMPG E16-108
13. INSURANCE
The RFA shall maintain insurance in the types and amounts set forth in Exhibit C,
which is attached and incorporated by this reference.
14. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of
the City or RFA who exercises any functions or responsibilities in connection with
the planning and carrying out of the City EMPG program or the RFA's project, or
any other person who exercises any functions or responsibilities in connection
with the City's Finance Department, shall have any personal financial interest,
direct or indirect, in the MOU, and the City and RFA shall take appropriate steps
to assure compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
The Contractor covenants that no person who presently
exercises any functions or responsibilities in connection with the
City EMPG program has any personal financial interest, direct or
indirect, in this MOU. The Contractor further covenants that
he/she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of his/her services hereunder. The
Contractor further covenants that in the performance of this
MOU, no person having any conflict of interest shall be
employed. Any actual or potential conflict of interest on the
part of the Contractor or his/her employees must be disclosed to
the RFA and the City.
15. SUSPENSION AND TERMINATION OF MOU
A. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the activities
or other performance as agreed to herein, the City reserves the right to withhold
all or any part of payment, suspend all or any part of the MOU, or prohibit the
RFA from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is,
in addition to and not in lieu of, the City's right to terminate the MOU pursuant
to Paragraph (B) of this Section 15.
B. Termination of MOU by the City - This MOU is subject to termination upon thirty
(30) days written notice by the City to the Agency in the event that:
(1) The RFA mismanages or makes improper or unlawful use of EMPG
funds;
(2) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
MOU, Kent&RFA 5
EMPG E16-108
(3) EMPG funds no longer become available from the federal government or
through the City;
(4) The RFA fails to carry out activities required by this MOU; or
(5) The RFA fails to submit reports or submits incomplete or inaccurate
reports in any material respect.
C. Termination of MOU by the RFA - This MOU is subject to termination upon thirty
(30) days written notice by the RFA to the City in the event that:
(1) The City fails in its commitment under this MOU to provide funding for
services rendered, as herein provided; or
(2) EMPG funds no longer become available from the federal government or
through the City.
D. Unless otherwise terminated pursuant to Paragraphs (B) and (C) of this Section
15, this MOU shall terminate on the termination date specified in Part 1 Section
1 of the MOU and shall be subject to extension only by mutual agreement and
amendment in accordance with Part I, Section 9 of this MOU.
E. Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the City.
F. In the event termination occurs under Paragraph (B) of this Section 15, the RFA
shall return to the City all funds that were expended in violation of the terms of
this MOU, if any, including, but not limited to, any unexpended EMPG funds
distributed to the RFA under this MOU, any accounts receivable, or any assets or
interests therein of any type and in any form acquired, leased, or rehabilitated
with EMPG monies.
PART II - FEDERAL. STATE, AND LOCAL PROGRAM REQUIREMENTS
1. NONDISCRIMINATION
A. General - The RFA shall comply with all federal, state, and local laws,
regulations, and policies. No person shall, on the grounds of age, race, creed,
color, sex, sexual orientation, religion, national origin, marital status, honorably
discharged veteran or military status, or disability (physical, mental, or sensory)
be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under the Grant
Agreement.
B. Specific Discriminatory Actions Prohibited:
(1) The RFA shall not, under any program or activity to which this MOU may
apply, directly or through contractual or other arrangements, on the
grounds of age, sex, marital status, race, creed, religion, color, national
origin, or the presence of any sensory, mental, or physical handicap:
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i. Deny any person facilities, services, financial aid, or other benefits
provided under the program or activity.
ii. Provide any person with facilities, services, financial aid, or other
benefits which are different, or are provided in a form different,
from that provided to others under the program or activity.
iii. Subject any person to segregated or separate treatment in any
facility or in any matter or process related to receipt of any service
or benefit under the program or activity.
iv. Restrict in any way access to or enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services,
financial aid, or other benefits under the program or activity.
v. Treat any person differently from others in determining whether the
person satisfies any admission, enrollment, eligibility, membership,
or other requirement or condition which individuals must meet in
order to be provided facilities, services, or other benefits provided
under the program or activity.
vi. Deny any person any opportunity to participate in a program or
activity as an employee.
(2) The RFA shall not utilize criteria or methods of administration which
have the effect of subjecting individuals to unlawful discrimination on
the basis of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military
status, or disability (physical, mental, or sensory).
C. Employment:
(1) In all solicitations under this MOU, the RFA shall state that all qualified
applicants will be considered for employment. The words "equal
opportunity employer" in advertisements shall constitute compliance
with this section.
(2) The RFA shall not unlawfully discriminate against any employee or
applicant for employment in connection with the MOU because of age,
sex, marital status, race, creed, religion, color, national origin, or the
presence of any sensory, mental, or physical handicap, except when
there is a bona fide occupational limitation. Such action shall include,
but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection
for training (Chapter 49.46 RCW, Executive Order 11246, as amended).
(3) The RFA shall not unlawfully discriminate against any employee or
applicant for employment in connection with the MOU because of age,
race, creed, color, sex, sexual orientation, religion, national origin,
marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory).
D. Contractors and Suppliers:
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(1) No contractor, subcontractor, union, or vendor engaged in any activity
under this MOU shall engage in any unlawful discrimination as defined in
any federal, state, or local law.
(2) EMPG funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor
or sub-recipient during any period of debarment, suspension, or
placement in ineligibility status. 2 CFR Part 180 and Federal Executive
Orders 12549 and 12689.
E. Notice:
The RFA shall include the provisions of the appropriate subsections A, B, C, D,
and E of this Part II, Section 1 in every contract or purchase order for goods and
services under this MOU, and shall send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising the said labor union or worker's representative
of the commitments made in these subsections.
2. PROCUREMENT STANDARDS
In awarding contracts pursuant to this MOU, the RFA shall comply with all
applicable requirements of local and state law for awarding contracts, including but
not limited to procedures for competitive bidding, contractor's bonds, and retained
percentages (Ch. 60.28 RCW, Ch. 39.12 RCW, and Ch. 39.04 RCW). In addition,
the RFA shall comply with the requirements of 44 CFR Part 13 Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments. Where federal standards differ from local or state standards,
the stricter standards shall apply.
3. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES
The RFA shall comply with the policies, guidelines, and requirements of OMB
Circular Nos. A-102, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Govemments (also known as "A-102
Common Rule"and are also located within Title 44 CFR Pan` 13), and OMB Circular
A-87 Cost Principles for State, Local, and Indian Tribal Governments relocated to 2
CFR Part 225.
4. LABOR STANDARDS
A. The RFA shall require that project construction contractors and subcontractors
for contracts exceeding $2,000 awarded by the RFA pay their laborers and
mechanics at wage rates in accordance with the Davis-Bacon Act, as amended
(40 U.S.C. 276a through 276a-7), as supplemented by Department of Labor
regulations (29 CFR Part 5). In addition to complying with these federal labor
standards, the RFA shall further require that all project construction contractors
comply with all applicable state and local public works bidding and contracting
regulations, specifically including, without limitation, the prevailing wage
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provisions set forth in Ch. 39.12 RCW and all regulations adopted by the State
of Washington Department of Labor and Industries.
B. The RFA shall require that project construction contractors and subcontractors
comply with Federal Labor Standards Provisions and the Davis-Bacon wage
determinations. For construction contracts, a copy of the Federal Labor
Standards Provisions and the current Davis-Bacon wage determinations must be
included in all construction bid specs and/or contracts over $2,000.
S. DATA UNIVERSAL NUMBERING SYSTEM
Pursuant to 2 C.F.R. §25.100(a), the City is required to establish a Dun and
Bradstreet (D & B) Data Universal Numbering System (DUNS) as a universal
identifier in order to receive federal financial assistance. In addition, programs or
subrecipients receiving subawards from the City shall establish a DUNS. 2 C.F.R. §
25.200(c)(1). The RFA shall provide its DUNS to the City.
6. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
7. REIMBURSEMENT/INVOICING PROCEDURES
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement and Part I Section
6 Compensation And Method of Payment of the MOU.
S. REPORTING REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement and Part I Section
6 Compensation And Method of Payment of the MOU.
9. EQUIPMENT MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
10. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
11. PROCUREMENT
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
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12. NIMS COMPLIANCY
The RFA will comply with all National Incident Management System (NIMS)
requirements as reflected in Article II Administrative And/Or Financial Requirements
of the Grant Agreement.
13. EMPG PROGRAM SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Administrative
And/Or Financial Requirements of the Grant Agreement.
14. GENERAL TERMS AND CONDITIONS
The RFA will comply with all General Terms and Conditions established through
Exhibit B General Terms and Conditions of the Grant Agreement.
15. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan
established through Exhibit C 15EMPG Work Plan of the Grant Agreement.
16. PUBLIC INFORMATION
A. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG program.
B. Pursuant to Exhibit B Part A.23 of the Grant Agreement, the RFA agrees to
submit to the Washington Military Department prior to issuance all advertising
and publicity matters relating to the Grant Agreement wherein the Department's
name is mentioned or language used from which the connection of the
Department's name may, in the Department's judgment, be inferred or implied.
The RFA agrees not to publish or use such advertising and publicity matters
without the prior written consent of the Department.
C. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW,
except to the extent specifically exempted from disclosure therein.
17. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this MOU of any other federal or state requirements,
which apply to the award and expenditure of federal funds made available by this
MOU, is not intended to indicate that those federal or state requirements are not
applicable to RFA activities. The RFA shall comply with all other federal and state
requirements relating to the expenditure of federal funds, including but not limited
to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural
Barrier Act of 1968 (42 U.S.C. § 4151, et seq.).
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18. LOCAL REQUIREMENTS
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other
purpose, except as specifically authorized by this MOU.
III - MONITORING AND REPORTING REQUIREMENTS
1. MONITORING
Article II Administrative And/Or Financial Requirements Part 7 Subrecipient
Monitoring of the Grant Agreement reflects that the Military Department will
monitor the activities of the Sub-grantee from award to close-out.
The RFA understands and agrees that it will be monitored by the City and the
Military Department from time to time to assure compliance with all terms and
conditions of this MOU and all applicable local, state, and federal laws, regulations,
and promulgated policies. Monitoring by the City under this MOU may include, but
not be limited to on-site inspections by City staff. The City reserves the right to
contract with another local government or other contracting party to perform this
service.
The RFA shall provide to the City a copy of any Military Department monitoring
report no later than thirty (30) days after the issuance of the report to the RFA.
The RFA shall provide to the City its response and corrective action plan for all
areas of concern contained in the monitoring report.
2. FISCAL REPORTING RESPONSIBILITIES
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU. The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City.
3. AUDITS
A. If the RFA expends a total of $500,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal year,
it shall have an independent audit conducted of its financial statement and
conditions, which shall comply with the requirements of generally accepted
auditing standards (GARS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions; and
OMB Circular A-133, as amended, and as applicable. Such audits are to be
performed by the Washington State Auditor's Office (SAO).
MOU, Kent&RFA 11
EMPG E16-108
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or six (6) months subsequent to the end
of the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
Management Letter or other correspondence made by the auditor, the RFA shall
provide copies of those communications and the RFA's response and corrective
actions plan.
B. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
PART IV — RECORDKEEPING REQUIREMENTS
1. PROGRAM RECORDS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such
books and records shall be made available to representatives of the City or the
Military Department, or both, for formal inspection and, where necessary, copying.
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein. Be
advised that the listing in this Section is intended only to assist the RFA in
identifying the required records and their respective authorities, and is not all
inclusive.
A. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an accessible
file for at least six (6) years following final payment and closure of the grant
under the Grant Agreement.
B. Contract and Amendments - A complete copy of this MOU and all amendments
thereto and notices there under.
C. Records of City Approvals - Copies of all requests for amendments or revisions
to this MOU and the City's subsequent approval or denial of such requests as
are required under this MOU.
D. Subcontracts and Agreements - Complete copies of all contracts, subcontracts,
and agreements with third parties into which the RFA enters in the
performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
E. Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors.
MOU, Kent&RFA 12
EMPG E16-108
2. FINANCIAL RECORDS
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances. The records must:
A. Permit comparison of actual outlays with budgeted amounts;
B. Permit reporting of financial data on the accrual basis;
C. Be supported by source documentation;.
D. Be independently audited usually annually, but not less frequently than every
two years.
3. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION
The RFA shall maintain all records of:
A. Operating policies and procedures;
B. Employee qualifications, training, and evaluation;
C. Principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
D. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements.
4. PROCUREMENT RECORDS
The RFA shall maintain all records of:
A. RFA's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
B. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
C. RFA's individual purchases or contracts over $10,000 as required by 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
D. RFA's procurement procedures utilized and the bases for supplier
selection/contract award, for individual purchases or contracts over $10,000.
S. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS
The RFA shall maintain:
A. A tabulation of all RFA employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
B. Data identical to that required under A. and B. above for any subcontractor or
agent employed in the performance under this MOU.
MOU, Kent&RFA 13
EMPG E16-108
C. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations.
D. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
E. Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU.
6. CONFLICT OF INTEREST
A. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
interest provisions of Exhibit B Part A.9 of the Grant Agreement and have
acknowledged understanding those provisions.
B. The RFA shall maintain a complete record of all requests for exceptions
submitted under the Grant Agreement.
7. VERIFICATION OF SUBCONTRACTOR'S ELIGIBILITY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
MOU, Kent&RFA 14
EMPG E16-108
KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT:
AUTHORITY
Sign ireblue or buck ink onll M `�
rin e: Suzette Cooke
Print Name; Jim Schneider
le; Mavor
Title; Fire Chief DATE; ✓
DATE:
ArPPRO ED AS Tp FORM:
Kent Lew Department
M OU, Kent& RFA 15
EMtPG E16-108
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number E16-108
MOU, Kent&RFA
EMPG E15-135
Washington State Military Department
HOMELAND SECURITY GRANT AGREEMENT FACE SHEET
1. Subrscipleni Name and Address: 2. Grant Agreement Amount; 3. Grant Agreement Number.
Kent,City of 581,876 E16.108
Office of Emergency Management
24611 116th Ave SE
Kent WA 980304939
4. Submciplent Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer-Katzer,(253)856.4342 June 1,2015 August 31,2016
dkeize ' kentwa. ov
7. Department Program Manager,phonelemail: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue):
Sierra Wardell,(263)S12-7121
slsrra.wardeflAmil. Mov 020263613 173-000-002
10. Funding Authority:
Washington State Military Department the'DEPARTMEED and the U.S.De artment of Homeland Security DH5
11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title:
EMW-2016-EP-00028-801 09/22f2015 1 97.042 15EMPG
14. Total Federal Amount # 15. Program Index#&OBJ/SUB-OBJ: 16. TIN:
$7 219 266 753PT NZ 1 91-6001264
17. Service Districts: IB. Service Area by Countyges): 19. Women/Mlnority-Owned,State
(BY LEGISLATIVE DiSTRICT):11,33.47 ,fig County Certified?: X N/A ❑ NO
BY CONGRESSIONAL DISTRICT): 8 9 ❑ YES,OMWBE#
20. Agreement Classification 21. Contract Type(dmadk all that apply):
❑ Personal Services ❑ Client Services X Publidi-ocal Gov't ❑ Contract X Grant X Agreement
❑ ResearchiDevel ment ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subreclpient Selection Process: 23. Subreciplent Type(check ell that apply)
X 'To all who apply&qualify' ❑ Competitive Bidding ❑ Private Organkadon/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ NIA X Public Organization/Jurisdiction ❑ Non-Profit
❑ Flied w1OFM? ❑ Advertised? ❑YES ONO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the FY 2015 Emergency Management Performance Grant(16E1MIPG)is to provide U.S.Department of Homeland
Security (DHS)IFederal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist In preparing for all hazards through sustainment and enhancement of those programs
as described In the Work Plan.
The Department is the Recipient and Pass-through Entity of the 1SEMPG Award EMW 2016-EP-00028S01,which Is Incorporated
In and attached hereto as Attachment#1,and has made a subaward of Federal award funds to the Subreciplent pursuant to this
Agreement The Subreciplent Is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
iN WITNESS WHEREOF,the Department and Subreclplent acknowledge and accept the terms of this Agreement,including all referenced Exhibits
and Attachments which are hereby Incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement
Face Sheet;Special Terms&Conditions(Exhibit A);General Terms and Conditions(Exhibit B);Work Plan(Exhibit C);Timeline(Exhibit D);Budget
(Exhibit E);and all other documents,exhibits and attachments expressly referenced and Incorporated herein contain all the terns and conditions
agreed upon by the parties and govern the rights and obligations of the parties to this Agreement No other understandings,oral or otherwise,
regarding the sub ect matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency In this 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 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 6. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement ink orated by reference
WHEREAS,thwPartles to have executed this Agreement on the day and year l9aLs eaified below i
FOR THE DE ARy T: f I FO SU PiENT:
Signature Date Signa Date
Richard A.Woodruff,Contracts Administrator Suze oo ,Mayor
Washington State Military Department . Z� I f- Qq Q.js
BOILERPLATE APPROVED AS TO FORM: Signature Date
Brian E.Buchholz(signature on file 912212015) Jim Schnelder,Fire Chief
Assistant Attorney General APPROVED AS TO FORM(If applicable):
Applicant's Legal Review Date
Form 0511212015 MLL
DHS-FEMA-EMPG-FFY 15 Page 1 of 30 Kent,City of,E16-108
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
Agreement. Any substitution of key personnel by either party shall be made by written notification
to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Jennifer Keizer Name Gary Stumph
Title EM Specialist Title Program Coordinator
E-Mail Idkeizer0__kentwa.gcv E-Mail a .stum h mll.wa. ov
Phone 263.866-4342 Phone 253-612-7483
Name Jim Schneider Name Sierra Wardell
Title Fire Chief Title Program Manager
E-Mail Ischneideni�kentfirerfa.org E-Mail ilerm.ward6ll@MlLwa.gov
Phone 253-86"11 Phone 263-612-7121
Name Name Dalton Gamboa
Title Title Program Assistant
E-Mail E-Mail dalton-gamboa@_mil.wa.gov
Phone Phone 253-512-7044
ARTICLE 11. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient 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 DHS/FEMA applicable to the 15EMPG Program, including,
but not limited to, all criteria, restrictions and requirements of the "Department of Homeland
Security Notice of Funding Opportunity FY 2015 Emergency Management Performance Grant"
document published by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-00028-S01,
and the federal regulations commonly applicable to DHS/FEMA grants, all of which are
incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment#1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the
period of performance described herein may begin prior to the availability of appropriated federal
funds. The Subrecipient 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, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS
GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by
the Department.
1. SUBAWARDS&CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 15EMPG funds received under
this Agreement casts the party receiving the funds in the role of ar
subrecipient or contractor in accordance with 2 CFR 200.330.
b. If the Subrecipient becomes a pass-through entity by making a subaward
to a non-federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations
applicable to pass-through entities of 15EMPG funds, including but
not limited to those contained in 2 CFR 200.
DHS-FEMA-EMPG-FFY 15 Page 2 of 30 Kent,City of, El6-108
ii. The Subrecipient shall require its subrecipient to 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 DHS/FEMA
applicable to the 15EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the °Department of
Homeland Security Notice of Funding Opportunity FY 2015
Emergency Management Performance Grant" document published
by FEMA, the DHS Award Letter for Grant No. EMW-2015-EP-
00028-S01 in Attachment#1, and the federal regulations commonly
applicable to DHS/FEMA grants.
III. The Subrecipient shall be responsible to the Department for
ensuring that all 15EMPG federal award funds provided to its
subrecipient are used In accordance with applicable federal and
state statutes and regulations, and the terms and conditions of the
federal award set forth in Attachment#1 of this Agreement.
2. REIMBURSEMENT&BUDGET REQUIREMENTS
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries,
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.
b. 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 Grant Agreement
Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget
(Exhibit E), an indirect cost rate agreement negotiated between the federal
cognizant agency for indirect costs and the Subrecipient establishing
approved indirect cost rate(s)as described in 2 CFR 200.414 and Appendix
VII to 2 CFR 200 must be submitted to the Department. However, under 2
CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the
Subrecipient may negotiate a rate with the Department or charge a de
minimis rate of 10%of modified total direct costs. The Subrecipient's actual
indirect cost rate may vary from the approved rate, but must not exceed the
indirect cost rate percentage identified in Exhibit E, Budget. If a
Subrecipient chooses to charge the 10% de minimis rate, but did not
charge indirect costs to previous subawards, a request for approval to
charge indirect costs must be submitted to the Department Key Personnel
for approval with an explanation for the change.
d. For travel costs, Subrecipients shall comply with 2 CFR 200.474 and
should consult their internal policies, state rates set pursuant to RCW
43.03.050 and RCW 43.03.060 as now existing or amended, and federal
maximum rates set forth at hfp://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without prior written approval by Department Key
Personnel.
e. The Subrecipient 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.
DHS-FEMA-EMPG-FFY 15 Page 3 of 30 Kent,City of,E16-108
Reimbursement requests must be submitted to
Reimbursements0-mil.waxi no later than the due dates listed within the
Timeline (Exhibit D), but not more frequently than monthly.
Reimbursement request totals should be commensurate to the time spent
processing by the Subrecipient and the Department. If the reimbursement
request isn't substantial enough, the Subrecipient should request prior
written approval from Department Key Personnel to waive the due date in
the Timeline (Exhibit D) and instead submit those costs on the next
scheduled reimbursement due date contained in the Timeline.
f. Receipts and/or backup documentation for any approved items that are
authorized under this Agreement must be maintained by the Subrecipient
consistent with record retention requirements of this Agreement and be
made available upon request by the Department,and local,state,or federal
auditors.
g. Any request for extension of a due date in the Timeline (Exhibit D)will be
treated as a request for Amendment of the Agreement and must be
submitted to the Department 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.
h. All work under this Agreement must end on or before the Grant Agreement
End Date, and the final reimbursement request must be submitted to the
Department within 45 days after the Grant Agreement End Date, except as
otherwise authorized by written amendment of this Agreement and issued
by the Department.
I. No costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the Subrecipient, its
contractor, or any non-federal entity to which the Subrecipient makes a
subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as
required by this Agreement(including but not limited to those reports in the
Timeline) will prohibit the Subrecipient 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 until the
Subrecipient is current with all reporting requirements contained in this
Agreement.
I. A written amendment will be required if the Subrecipient expects
cumulative transfers between budget categories, as identified in the Budget
(Exhibit E), to exceed 10% of the Grant Agreement Amount. Any
adjustments to budget categories totals not in compliance with this
paragraph will not be reimbursed.
M. Subrecipients shall only use federal award funds under this Agreement to
supplement existing funds, and will not use them to replace(supplant)non-
federal funds that have been budgeted for the same purpose. The
Subrecipient 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.
DHS-FEMA-EMPG-FFY 15 Page 4 of 30 Kent,City of, E16-108
3. REPORTING REQUIREMENTS
a. The Subrecipient shall submit with each reimbursement request a report
indicating the Work Plan activities the expenditures for which
reimbursement is sought relate to, in the format provided by the
Department.
b. In conjunction with the next annual grant cycle application process, the
Subrecipient shall submit to the Department Key Personnel a final report
describing all completed activities under this Agreement. If a Subrecipient
will not be applying for grant funding during the next annual grant cycle
application process, the Subrecipient 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 Subrecipient shall submit a separate
report detailing how the EMPG Exercise and Training requirements were
met for all personnel funded by federal or matching funds under this
Agreement.
d. The Subrecipient 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 the
FFATA Form located at http://mil.wa.gov/emergency-manacement-
division/grants/reauiredgrantforms,which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities
assessment for the State Preparedness Report.
4. EQUIPMENT MANAGEMENT
a. Subrecipients and any non-federal entity to which the Subrecipient makes
a subaward shall comply with 2 CFR 200,318—200.326,to include but not
limited to:
i. Upon successful completion of the terms of this Agreement, all
equipment and supplies purchased through this Agreement will be
owned by the Subrecipient, or a recognized non-federal entity to
which the Subreciplent has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of
ownership is in place.
ii. All equipment, and supplies as applicable, purchased under this
Agreement will be recorded and maintained in the Subrecipient's
inventory system.
III. Equipment records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification
number; the source of the equipment, including the Federal Award
Identification Number (FAIN); 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.
iv. The Subrecipient 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
DHS-FEMA EMPG-FFY 15 Page 5 of 30 Kent,City of,E16-108
the physical inspection and those shown in the records shall be
investigated by the Subreciplent to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory,
verify the existence, current utilization, and continued need for the
equipment.
v. The Subrecipient shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment
and supplies including all questions of liability. The Subrecipient
shall develop appropriate maintenance schedules and procedures
to ensure the equipment and supplies are well maintained and kept
in good operating condition.
vi. The Subrecipient 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.
vii. The Subrecipient must obtain and maintain all necessary
certifications and licenses for the equipment.
viii. If the Subrecipient is authorized or required to sell the property,
proper sales procedures must be established and followed to ensure
the highest possible return.
ix. If upon termination or at the Grant Agreement End Date, there is a
residual inventory of unused supplies exceeding $5,000 in total
aggregate value which will not be needed for any other Federal
award, or 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, the
Subrecipient must comply with following procedures:
A. The Subrecipient may retain the supplies for use on other non-
Federal related activities or sell them, but must compensate
the Federal sponsoring agency for its share.
B. The Subrecipient must dispose of equipment as follows:
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 Subrecipient 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 Subrecipient shall compensate the Federal-
sponsoring agency for its share.
x. Records for equipment shall be retained by the Subrecipient 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
Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b. The Subgrantee shall comply with EMD's Purchase Policy contained within
the EMD Purchase Workbook version 2015.1 located at
http://mil.wa.gov/emergency-management-division/grants/homeland-
security-grants, incorporated by reference and made part of this
Agreement.
DHS-FEMA-EMPG-FFY 15 Page 6 of 30 Kent,City of,E16-108
No reimbursement will be provided unless the appropriate approval has
been received.
C. Allowable equipment categories for the 15EMPG Program are listed on the
Authorized Equipment List (AEL) located on the FEMA website at
http://Www.fema.-gov/preparedness-non-disaster-grants. The AEL
consists of 21 categories which are divided into sub-categories. It is
important the Subrecipient and any non-federal entity to which the
Subrecipient makes a subaward regard the AEL as an authorized
purchasing list identifying items allowed under the specific grant program,
and includes items that may not be categorized as equipment according to
the federal, state, local, and tribal definitions of equipment. Subrecipients
are solely responsible for ensuring purchased items under this Agreement
are authorized as allowed items by the AEL at time of purchase.
If the item is not identified on the AEL as allowable under EMPG,
Subrecipients must contact the Department Key Personnel for assistance
in seeking FEMA approval prior to acquisition.
Subrecipients are solely responsible for ensuring equipment eligibility in
accordance with the AEL.
d. Unless expressly provided otherwise, all equipment must meet all
mandatory regulatory and/or DHS/FEMA adopted standards to be eligible
for purchase using Federal award funds.
e. Equipment purchased with DHS federal award funds is to be marked with
"Purchased with funds provided by the U.S. Department of Homeland
Security"when practicable.
f. As a subrecipient of federal funds, the Subrecipient must pass on
equipment and supply management requirements that meet or exceed the
requirements outlined above to any non-federal entity to which the
Subrecipient makes a sub award of federal award funds under this
Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP)Program. Subrecipients are required to
comply with DHS/FEMA EHP Policy Guidance which can be found at
https://www.fema.gov/office-environmental-planninq-and-h istodc-preservation;
FP 108-023-1 Environmental Planning and Historic Preservation Policy Guidance
at http://www.fema.gov/media-library/assets/documents/85376; and FP 108.24.4
Environmental Planning and Historical Preservation Policy at
https://www.fema.mov/media-library/assets/documents/101537, all of which are
incorporated in and made a part of this Agreement.
a. Subrecipients 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 DHS/FEMA EHP review process prior to project initiation.
Modification of existing buildings, including minimally invasive
improvements such as attaching monitors to walls, and training or
exercises occurring outside in areas not considered previously disturbed
also require a DHS/FEMA EHP review before project initiation.
DHS-FEMA-EMPG-FFY 15 Page 7 of 30 Kent,City of,E16-108
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 Subrecipient 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
reimbursed. Expenditures for projects started before EHP process review
completion approval is received will not be reimbursed..
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR
Part 200.318 through 200.326 and as specified in the General Terms and
Conditions, Exhibit B,A.11.
b. For all sole source contracts expected to exceed $150,000, The
Subrecipient must submit to the Department for pre-procurement review
and approval the procurement documents,such as requests for proposals,
invitations for bids and independent cost estimates. This requirement must
be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing
and approving sole source justifications of any non-federal entity to which
the Subrecipient makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient 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 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements,the
Subrecipient shall complete and return to the Department 2 CFR Part 200
Subpart F Audit Certification Form located at http://mil.wa.-gov/emergency-
management-division/grants/requiredgraniforms with the signed
Agreement and each fiscal year thereafter until the Agreement is closed,
which is incorporated by reference and made a part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, a-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 Subrecipient is required to meet or exceed the monitoring activities, as
outlined above,for any non-federal entity to which the Subrecipient makes
a subaward as a pass-through entity under this Agreement.
DHS-FEMA-EMPG-FFY 15 Page 8 of 30 Kent,City of,E16-108
e. Compliancy will be monitored throughout the performance period to assess
risk. Concerns will be addressed through a Corrective Action Plan.
8. LIMITED ENGLISH PROFIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI)
a. All subrecipients must comply with the Title VI of the Civil Rights Act of
1964 (Title VI) prohibition against discrimination on the basis of national
origin,which requires that subrecipients 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.
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 Recipient Guidance at
https://www.dhs.gov/guidance-published-help-department supported-
organizations-provide-meaningful-access-people4imited and additional
resources on http://www.lep.gov. .
9. 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, organizational activities, equipping, training
and exercising needed to build and sustain the core capabilities in support
of the National Preparedness Goal.
C. The Subrecipient agrees that In order to receive Federal Fiscal Year 2015
federal preparedness funding, to include EMPG, NIMS compliance
requirements for 2015 must be met.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from the DHS/FEMA,which is
provided to assist state, local and tribal governments enhance and sustain all-
hazards emergency management capabilities as authorized by Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121
et seq.) and Section 662 of the Post Katrina Emergency Management Act (6
U.S.C. §762).
DHS-FEMA-EMPG-FFY 15 Page 9 of 30 Kent,City of,E16-108
2. A portion of the 15EMPG grant was Identified by the state to be passed through to
local jurisdictions and tribes with emergency management programs to
supplement their local/tribal operating budgets to help sustain and enhance
emergency management capabilities under WAC 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only
to perform tasks as described in the Work Plan of the Subrecipient`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.
4. The Subrecipient shall provide a fifty percent match of $81,876 of non-federal
origin. To meet matching requirements, the Subrecipient cash matching
contributions must be considered 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 200. An appropriate
mechanism must be in place to capture,track, and document matching funds.
5. Exercises that are implemented with EMPG Program funds under this Agreement
must meet the requirements of the 15EMPG Program.
6. All personnel funded in any part through federal award or matching funds under
this Agreement shall participate in no less than three exercises in a 12-month
period. The Subreciplent will report exercise participation along with the final
report.
7. All personnel funded in any part through federal award or matching funds under
this Agreement shall complete the following training requirements and record proof
of completion: NIMS Training ICS 100, ICS 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. The Subrecipient will report training course completion by individual
personnel along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 15EMPG Program funding, the Subrecipient shall comply with all
applicable DNS terms and conditions of the 15EMPG Award Letter and its incorporated
documents for DHS Grant No. EMW-2015-EP-00028-S01, which are incorporated and
made a part of this Agreement as Attachment#1.
DHS-FEMA-EMPG-FFY 15 Page 10 of 30 Kent,City of,E16-108
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 Agreement,the terms will have the same meaning as defined in
2 CFR 200 Subpart A(which is incorporated herein by reference),except as otherwise set
forth below:
a. 'Agreement"means this Grant Agreement.
b. "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. The
Department is a recipient of a federal award directly from a federal awarding
agency and is the pass-through entity making a subaward to a subrecipient under
this Agreement.
C. "Subrecipient" when capitalized is primarily used throughout this Agreement in
reference to the non-federal entity identified on the Face Sheet of this Agreement
that has received a subaward from the Department. However, the definition of
"subrecipienf is the same as in 2 CFR 200.93 for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review
activities that are conducted to ensure compliance with all state and federal laws,
rules, regulations, authorities and policies.
f. "Investment" means the grant application submitted by the Subreciplent
describing the project(s) for which federal funding is sought and provided under
this this Agreement. Such grant application is hereby incorporated Into this
Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Subrecipient shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or
modification of this 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 Subrecipient. No other
understandings or agreements,written or oral, shall be binding on the parties.
A.4 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 36.
The Subrecipient 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.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be
in accordance with all the applicable current federal, state and local laws, rules and
regulations.
DHS-FEMA EMPG-FFY 15 Page 11 of 30 Kent,City of,El&108
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the
Subrecipient is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any federal
department or agency.
The Subreciplent shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at
http://mil.wa.qov/emergency-management-division/grants/reguiredgrantforms. Any such
form completed by the Subrecipient for this Agreement shall be incorporated into this
Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system,including 2 CFR Part 180. The
Subrecipient certifies that it will ensure that potential contractors or subrecipients 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 subawards to
subrecipients for any amount. With respect to covered transactions,the Subrecipient may
comply with this provision by obtaining a certification statement from the potential
contractor or subrecipient or by checking the System for Award Management
(http://www.sam.gov) maintained by the federal government. The Subrecipient 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.lni.wa.govfrradesLicensing/PrevWage/Award i ngAgencies/DebarredContract
ors/}. The Subrecipient 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:/twww.des.wa.g ov/services/Contracting Purchasing/Business/PggesNendor-
Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient 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 Subrecipient 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 Agreement, grant, loan, or cooperative
agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;(3)and that, as applicable,
the Subrecipient 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.
DHS-FEMA-EMPG-FFY 15 Page 12 of 30 Kent,City of,E16-10B
A.8 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the
Subrecipient 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 the
Subrecipient 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 Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
subawards, a provision prohibiting such interest pursuant to this provision.
A.9 COMPLIANCE WITH APPLICABLE STATUTES,RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients 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), Age Discrimination Act of 1975,Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, 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 43.21 C), 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 noncompliance or refusal to comply with any applicable law, regulation,
executive order, OMB Circular or policy by the Subrecipient, its contractors or
subrecipients,the Department may rescind, cancel, or terminate the Agreement in whole
or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
arising from its failure, and that of its contractors and subrecipients, to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subreciplent shall use a competitive procurement process in the procurement
and 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 2 CFR Part 200.318 General procurement standards through
200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
Subrecipient under this Agreement must include the following provisions, as
applicable:
1) Contracts for more than the simplified acquisition threshold currently set at
$150,000,which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council(Councils)as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of"federally assisted construction
contract'in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
DHS-FEMA-EMPG-FFY 15 Page 13 of 30 Kent,City of,E16-108
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,"and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of$2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States").The Act provides that each contractor
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled.The non-Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
5) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where
applicable, all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours.Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary,hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental,developmental,or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
DHS-FEMA EMPG-FFY 15 Page 14 of 30 Kent,City of, E16.108
7) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act(33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of$150,000 must contain a provision that requires the non-Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award(see 2 CFR 180.220)must not be made to parties listed on the government-
wide exclusions in the System for Award Management(SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR
part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p.235),°Debarment
and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
10) Procurement of recovered materials—As required by 2 CFR 200.322, a non-
Federal entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
11) Notice of awarding agency requirements and regulations pertaining to
reporting.
12) Federal awarding agency requirements and regulations pertaining to
copyrights and rights in data.
13) Access by the Department, the Subrecipient, the Federal awarding 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.
14) Retention of all required records for six years after the Subrecipient has made
final payments and all other pending matters are closed.
DHS-FEMA-EMPG-FFY 15 Page 15 of 30 Kent, City of,E16-108
15) 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).
b. The Department reserves the right to review the Subrecipient procurement plans
and documents, and require the Subrecipient to make changes to bring its plans
and documents into compliance with the requirements of 2 CFR Part 200.318
through 200.326. The Subrecipient 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
Subrecipient and Department to make a determination on eligibility of project costs.
C. All contracting agreements entered into pursuant to this Agreement shall
incorporate this Agreement by reference
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
Subrecipient's responsibilities with respect to services provided under this 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 Agreement,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 Subrecipient 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 Agreement is solely for the benefit of the parties to
the Agreement and gives no right to any other party. No joint venture or partnership is
formed as a result of this Agreement.
To the extent allowed by law,the Subrecipient, 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
Subrecipient, its sub-contractors,subrecipients,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 Agreement.
To the extent allowed by law, the Subrecipient 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 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
Subreciplent, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient'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:
DHS-FEMA-EMPG-FFY 15 Page 16 of 30 Kent,City of, E16-108
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
representative and the Authorized Signature representative of the Subrecipient or
Alternate for the Subrecipient, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Agreement. Any alteration, amendment, modification, or waiver of any clause or
condition of this 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 Subrecipient
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
Subrecipient 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 Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Subreciplent.
A.17 NONDISCRIMINATION
The Subreciplent 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 Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and regulations and shall maintain a record of this
compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT(OSHANVISHA)
The Subrecipient 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
Subrecipient's performance under this Agreement. To the extent allowed by law, the
Subrecipient 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 Subrecipient to so comply.
DHS-FEMA-EMPG-FFY 15 Page 17 of 30 Kent, City of, El6-108
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 Agreement,and by this subaward of funds does not and
will not acquire any ownership interest or title to such property of the Subrecipient. The
Subrecipient shall assume all liabilities and responsibilities-arising from the ownership and
operation of the project and agrees to indemnify and hold the Department, the state of
Washington and the United States government harmless from any and all causes of action
arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this 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 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 Subrecipient agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this 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 Subrecipient agrees not to publish or
use such advertising and publicity matters without the prior written consent of the
Department. The Subrecipient may copyright original work it develops in the course of or
under this Agreement; however, pursuant to 2 CFR Part 200.315, 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 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 Subrecipient fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws, regulations, and/or the provisions of the
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 fife of the project
following Agreement termination. Repayment by the Subrecipient 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 and expenses thereof, including attorney fees.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records,documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Subrecipient's contracts, subawards, grant administration, and payments,
including all direct and indirect charges, and expenditures in the performance of this
Agreement(the "records").
b. The Subrecipient's records related to this 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
OHS-FEMA-EMPG-FFY 15 Page 18 of 30 Kent,City of,E16-108
purposes of determining compliance by the Subrecipient with the terms of this
Agreement and to determine the appropriate level of funding to be paid under the
Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit,
together with suitable space for such purpose, at any and all times during the
Subrecipient's normal working day.
d. The Subreciplent shall retain and allow access to all records related to this 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 Agreement. Despite the minimum federal retention
requirement of three (3) years, the more stringent State requirement of six (6) years
must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of
work/work plan (project) by providing Federal award funds pursuant to this Agreement,
the project itself remains the sole responsibility of the Subrecipient. The Department
undertakes no responsibility to the Subrecipient, or to any third party, other than as is
expressly set out in this 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 Subrecipient, 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 Subrecipient 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,
regulations and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in
equity,which may be brought against the Subrecipient in connection with the project. The
Subrecipient 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 Agreement or
its application to any person or circumstances invalid, this invalidity does not affect other
provisions, terms or conditions of the Agreement, which can be given effect without the
invalid provision. To this end, the terms and conditions of this Agreement are declared
severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $760,000 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 2 CFR Part 200 Subpart
F. Non-federal entities that spend less than$760,000 a year in federal awards are exempt
from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart
F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local
government, Indian tribe, institution of higher education, or non-profit organization that
carries out a federal award as a recipient or subrecipient.
Subrecipients that are required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Government Auditing Standards(GAGAS) as found
in the Government Auditing Standards(the Revised Yellow Book)developed by the United
States Comptroller General and the OMB Compliance Supplement. The Subrecipient has
DNS-FEMA EMPG-FFY 15 Page 19 of 30 Kent, City of,El6-108
the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR
Part 200 Subpart F,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 2 CFR Part 200 Subpart F.
The Subrecipient 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 Subrecipient 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 Subrecipient
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 Subrecipient all disallowed costs resulting from the audit.
Once the single audit has been completed and it includes any audit findings, the
Subrecipient must send a full copy of the audit to the Department and its corrective action
plan no later than nine(9) months after the end of the Subrecipient's fiscal year(s)to:
Contracts Office
Washington Military Department
Finance Division, Building#1 TA-20
Camp Murray,WA 98430-6032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200
Subpart F, the Subrecipient must send a letter identifying this Agreement and explaining
the criteria for exemption no later than nine(9)months after the end of the Subrecipient's
fiscal year(s)to the address listed above:
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 Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F is a material requirement of this Agreement. In the absence of a valid claim of exemption
from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's 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 2 CFR Part 200 Subpart F; 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.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this
Agreement. The Subrecipient, and/or employees or agents performing under this
Agreement are not employees or agents of the Department in any manner whatsoever.
The Subrecipient will not be presented as, nor claim to be, an officer or employee of the
Department by reason of this Agreement, nor will the Subrecipient 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 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 Subrecipient 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 Agreement.
DHS-FEMA-EMPG-FFY 15 Page 20 of 30 Kent,City of, E16-108
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient 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 Subrecipient or its
staff required by statute or regulation that are applicable to Agreement performance.
A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subreciplent may terminate this
Agreement by providing written notice of such termination to the Department Key
Personnel identified in the Agreement, specifying the effective date thereof, at least thirty
(30) days prior to such date.
Except as otherwise provided in this Agreement,the Department,in its sole discretion and
in the best interests of the State of Washington, may terminate this Agreement in whole
or in part by providing ten (10) calendar days written notice, beginning on the second day
after mailing to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Subrecipient from incurring additional obligations of funds. In
the event of termination,the Subrecipient 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 Department, in its sole discretion, determines the Subrecipient has failed
to full in a timely and proper manner its obligations under this Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Subrecipient unable to perform any aspect of the
Agreement, or has violated any of the covenants, agreements or stipulations of this
Agreement, the Department has the right to immediately suspend or terminate this
Agreement in whole or in part.
The Department may notify the Subrecipient 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
Subrecipient 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
Subrecipient's liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Subrecipient an opportunity to cure, the
Department shall notify the Subrecipient 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 Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement,withhold further
payments,or prohibit the Subrecipient from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the
Subrecipient, if allowed, or pending a decision by the Department to terminate the
Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Agreement
and the replacement or cover Agreement and all administrative costs directly related to
the replacement 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 Subreciplent: (1) was not in default or material breach, or (2)
failure to perform was outside of the Subrecipienfs control, fault or negligence, the
termination shall be deemed to be a "Termination for Convenience".
DHS-FEMA EMPG-FFY 15 Page 21 of 30 Kent,City of,E16-10$
A.33 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement,
the Subrecipient shall follow any procedures specified in the termination notice. Upon
termination of this Agreement and in addition to any other rights provided in this
Agreement,the Department may require the Subrecipient to deliver to the Department any
property specifically produced or acquired for the performance of such part of this
Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an
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 Agreement termination,the amount agreed upon by the Subreciplent and
the Department for()completed work and services and/or equipment or supplies provided
for which no separate price is stated, (li) 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 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 Subrecipient for termination. The Department may withhold from any amounts due
the Subrecipient 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 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 Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified,in the notice;
b. Place no further orders or contracts for materials,services,supplies,equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of
such portion of the work under the 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 Subreciplent under the orders
and contracts so terminated, in which case the Department has the right, at its
discretion,to settle or pay any or all claims arising out of the termination of such orders
and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders
and 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 Department any property which, if the 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 Agreement which is in the
possession of the Subrecipient and in which the Department has or may acquire an
interest.
DHS-FEMA EMPG-FFY 15 Page 22 of 30 Kent,City of, E16-108
A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Subrecipient is encouraged to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the 'purposes of this Agreement. The
Subrecipient 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.35 VENUE
This 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 Agreement shall be the Superior Court of Thurston
County, Washington. The Subrecipient, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
A.36 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance
by the Department in writing. The Departmenfs failure to insist upon strict performance
of any provision of the 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 Agreement.
DHS-FEMA-EMPG-FFY 15 Page 23 of 30 Kent,City of,E16-108
Exhibit C
16EMPG 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 INIMS compliant. The Work Plan
delineates,the Emergency Management Organization's emergency management program planning and priority focus
for this grant cycle to include 15EMPG grant and local funds).
Emergency Management Program support Satellite phones,copier lease,office supplies, meeting refreshments, punch kit lease (copier part),ink cartridges,
printing fees,small tools and equipment, professional development,emergency food and water(IMIRE distribution,
comfort kits)
'g-
I T Community Outreach Public Education
A, I
w To educate and discuss with our community the importance of disaster preparedness and the types of
> disasters and threats that could happen in this region. To help them understand ways they can prevent
!�E! damage to their homes/businesses and how to assist during the different phases of a disaster. This will
0 help in the rebuilding of our community by having less injuries and less strain on emergency personnel.
17777777777777�77-�77,,
mer&eney,,Management,Fu!lqion., crisis Communications, Public Education and information
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Trained community members and city employees will -Conduct at a minimum 2 CERT classes and 2 CERT continuing
directly correlate with a more resilient community. education classes
Trained individuals will have fewer incident related injuries -offer disaster preparedness training to schools,businesses,
leading to response personnel that can focus on the areas and neighborhoods when requested from them. On average
of greatest need. approximately 6-12 a year.
-Attend community events as requested.On average
approximately 6-10 a year
7777,
CERT -Teach the full 8 week long FEMA course using the approved curriculum to the general ub'c p
in Kent,FD 37,the business community and employees from the City of Kent,City of Covington, 'Kent sustainment
Fire RFA,and the Kent/Covington Schools, Provide continuing education classes for past CERT
Milestone: 2 Full CERT Class September 2015 to May 2016
[
Milestone: 2 Continuing Education Classes June 2015 to August 2016
LLI
Reach out to local Businesses/Neighborhood's and School to complete disaster preparedness sustainment
> jrainings-.,—..-
P 2 Successfully complete trainings in businesses,schools
U Milestone: June 2015 f to August 2016
or neighborhoods. IIII
7.77T, 1,77
7,77,
Participation in multiple community events throughout the year(Cornucopia Days,National Night sustainment
Out,Kids Safety Day,You Me We,and multiple school events.
Booth focused on Emergency Preparedness at
3 Milestone: Covinpqn&Corn Days June 2015 to August-2016
Milestone: Promotional items delivered to community regarding June 2015 to August 2016
disaster prep. 6 I
ME=
DHS-FEMA-EMPG-FFY 15 Page 24 of 30 Kent. City of, El 6-108
y pa a far a" z ; r Kent Communication Support Team (KCST)
KCST's primary role is providing communication support to the Kent ECC and staffing RFA station
emergency communications. Meet,train and drill regularly to maintain a roster of competent
communications volunteers,A mobile communications van was purchased and outfitted to provide
LU increased flexibility for emergency communications.The van's capabilities and equipment reduce the need
0 for duplicate fixed communications gear throughout the service area.Volunteers are FCC licensed
amateur radio operators with the interests and technical skills needed to serve this role.
Emergency Management Functlion: . Crisis Communications,Public Education and Information
Performance Measures)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Enhanced skill ievels of existing volunteers and growth in Attend monthly team meetings and participate in weekly NETS.
the membership numbers and capabilities of the team. -Participate in a minimum of 5 of the Sth Saturday[gills and
Ability to provide emergency communications onsite in the annual field day.
event that the Kent ECC is inoperable. -Recruitment and qualification of one new volunteer per
month.
MYd ✓'5; e+,mGY Ik'Yn YrY,.. ,/i%.i o-�, "'Aug Pnin:a#n ./nlhd�A.e wmP�lY M1 �l'"Nl•••vb'k ft., }. mryWr Expand the pool of volunteer communication operators and provide ongoing training in the use of
existing systems like the 800 MHz public safety network and specialized amateur radio methods for sustainment
digital communications
Addition of digital mode capability(as opposed to l
Milestone I July 2015 � to August 2015
voice over messages)over the radio.
Milestone, Recruit and train new volunteers June 2015 j to August 2016
.Y+.A .rri,..s.ESn.»"L1£l,,•p-;e<M1 .a t.:,.-...n w»u, :.. P....Ru...+::_. ..4_,.x t.YAK r kv vevaru 4Y✓Mrzi.9 v,d.x. ,� .ddu.: J.... .' -.Y+i'w-5 uv.
Sth Saturday grills and,Annual Field pay Exercise-Held quarterly,these drills include �
communicating with King County Regional ECC and with the State EMD In a variety of modes such as sustainment
UJI
phone,fax,amateur radio and email.
2 Successfully complete all 5th Saturday drills and the
y 't June 2015 4 to ! August 2016
V , Begin transition to"digital modes (as opposed to l I
Milestone.
Milestone. � � �� ®®6 June 2015 to � August 2oJ 5
voice messages)over the radio 9
Yk +wa M W.Y[.Mwf aM W�o- rat
Develop a Mobile Communication capability to support Local and Regional Communications,Along
with the purchasing and positioning of equipment,develop procedures and trainings to make enhancement
31 volunteers more competent.
Milestone. Design,develop,outfit and test communications van June 2015 ;, to I August 2016
Develop procedures and trainings for new volunteer
Milestone. August 2015 to August 2016
operators
Exercises/Testing/Training
LU Enhance our capabilities in the ECC through testing,exercises and trainings. Expand certified positional
assignments In the ECC,including new employees due to attrition.
w
, m
0
771,
Emergency Management Function: Exercises,Evaluations and Corrective Actions l
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
ECC positions filled with qualified staff to support the City -Completion of at least one exercise.
in the event of an activation. -Test ECC systems monthly.
-Conduct at least one training with NGO,FBO,and other
regional partners
DHS-FEMA-EMPG-FFY 15 Page 25 of 30 Kent, City of E16-108
Participate in the design,conduct,and evaluation at least one exercise during the performance enhancement
1 period'.
Milestone: Completed exercise and conducted an AAR July 2015 to ° August 2016
Test systems(electronics,displays,forms,etc.)on a rotating basis-continuation of monthly ECC InUJ enhancement
service days _ _ _�_.__.. ... ...-,� _.�._...mm_ .. .� ;_...__.._ ,
�__....— Find,correct and enhance any issues that may arise
?` 2 Milestone: June 2015 to August 2016
from these test.
Upgrade ECC electronics and support equipment to
Milestone: June 2015 to August 2016
fully maximize room capabilities ;
Coliaborative training with NGO's,1`80's,and other regional partners, enhancement
3 participate in the design,conduct and evaluation of at d i
Milestone: June 2015 I to August 2016
a minimum 1 training and/or exercise. I
�. agrairl e i Operational Capabilities
LU Expand the capabilities and effectiveness of the Kent ECC, Department Operation Centers (DOCs),
Volunteer Management,Shelter Management and KCST to improve disaster response and
LIJ
communications.
m
0
Emergency Management Function. ; operations and procedures
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Citywide emergency management operational systems, Enhance 2 or more City DOCs
facilities and capabilities work as efficiently and effectively
as possible.
Kent ECC& DOCs-Continue to identify enhancements of the functionalities and capabilities. enhancement
throughout the grant cycle.
Completion of projection and computer upgrade in 0
1 Milestone: I August 2015 to August 2016
small training room in ECC
provide network communication and status board February
Milestone: sharing for DQCs June 2015 to 2016
KCST(Kent Communications Support Team) enhancement
i`�r.rr Acquire radio equipment for ECC Communications i
Milestone: June 2015 to ! August 2016
t�- 2 capability
_ Improve cache of emergency communications
1
F- Milestone: equipment June 2015 to August 2016
�: ...,..
Volunteer Management-Develop and train volunteer teams to support multiple functions within L enhancement
the ECC and/or Disaster Preparedness/Recovery as per WAC 11R.04
3 Completion of volunteer training(Message Center
Milestone: Training,Shelter training,ECC Trained Staff,EWRC, July 2015 to August 2016
etc.)
System Development Consultants enhancement
Milestone. Improve all ECC/DOC processes June 2015 to August 2016
IIIIIIINEM
Public Information and Warning
uJ Communicate with the public via multiple ways in order to relay emergency information, preparedness
b Info,class/training schedules or any other important information for necessary public safety and
messaging.
Co
DHS-FEMA-EMPG-FFY 15 Page 26 of 30 bent,City of El6-108
Emer`en Mana meat Function. Communications and Warning
Performance Measure(s)that will be used to evaluate the program area
Target(Intended outcome) Measurement(how to tell If success has been achieved)
Public safety communications,OEM communications,and -100%of CodeRED updated on an annual basis
educational outreach is available to all abilities within the -100%review of FEMA's requirements for the Community
community;deaf and/or hard of hearing,non-English Rating System and Storm Ready for notification and warning
speaking community,etc. OEM has the ability to secure a section
translator/interpreter under all circumstances to include -Raise Social Media followers monthly
timely translation of messaging to reach all of the
community.
Code Red sustainment
1 Milestone: Maintain and update the reverse 911 community alert I June 2015 s to ! August 2016
system(Code Red) I
Social Media(Facebo_ok/Twitter/Website) —__ _ sustainment
Use Facebook and Twitter monthly to engage
2 ' -
Milestone: community with Emergency Preparedness June 2015 i to August 2016
Information. i I
CRS./Storm Ready-Coordinate activities with Public Works to determine activities necessary and
W achievable to reduce insurance premiums and to participate and renew Storm Ready Communities sustainment
~ 3 . within Kent.
Successful certification as a Storm Ready Community, 1 I
H Milestone: i June 2015 1 to I August 2016
V CRS rating improvement. 1
a
Interpretation and Translation Services-Partner with local interpreters when requested for sustainment
trainings,exercises or emergency situations.
To identify and utilize interpreters or translation June 2015 to August 2016
Milestone: services when needed in trainings/exercises. I
Recreate emergency communication documents into
Milestone: non-English speaking language June 2015 to i August 2016
Document development enhancement
5 Milestone: Creation of documents for information and education. June 2015 to August 2016
x LEPC
Ni
Continued EPCRA(Emergency Planning and Community Right to Know Act)compliance with database
tracking for Tier II sites for risk assessment.Integrate data for response planning. Continue to support
ui m growth of regional hazmat response and facility coordination through plan updates,training and drills.
0
�a Emergency N(anagerrient Function Operations and Procedures
�. ..
Performance Measure(s)that will be used to evaluate the program area
Target(intended outcome) Measurement(how to tell if success has been achieved)
Community risks to chemicals identified for response -Tier II database shared with any county requesting it,target of
planning. 10 counties to include feedback and database improvement
recommendations.
-Plan is 100%update
-Facilitate at least i Hazmat/LEPC drill
DHS-FEMA-EMPG-FFY 15 Page 27 of 30 Kent,City of E16-108
Database Management sustainment
1 To expand tier II database to be used be external
H Milestone: partners such as Zone 3 hazmat providers,fire June 2015 to i August 2016
Uj i
inspectors,King County and statewide LEPCs.
Plan updates,drills&exercises sustainment
Update facility and contact lists In the plan,support
Q 2 LEPC/Hazmat/Facility drills and exercises in '
Milestone: June 2015 to August 2016
cooperation with the South King County Fire Training
Consortium(SKCFTC). I
l
DH5-FEMA EMPG-FFY 15 Page 28 of 30 Kent,City of E16-108
Exhibit D
TIMELINE
FFY 2015 Emergency Management Performance Grant Program
DATE TASK
June 1, 2015 Grant Agreement Start Date
January 30, 2016 Submit reimbursement request
April 30,2016 Submit reimbursement request
August 31, 2016 Grant Agreement End Date
October 15, 2016 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA EMPG-FFY 15 Page 29 of 30 Kent,City of E16-108
Exhibit E
BUDGET
IFFY 2016 Emergency Management Performance Grant Program
1SEMPG AWARDI $ 81,876,00
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries&Benefits $ - $
Overtime/Backfill $ - $ -
? Consultants/Contractors $
2 Goods&Services $ 2,876 $ -
g Travel/Per Diem $ - $ -
a Indirect 0%
Subtotal $ 2,876 $
Z Salaries&Benefits $ - $ 182,850
0 Overtime/Backfill $ - $ -
QConsultants/Contractors $ $
n] Goods&Services $ 55,000 $
Q Travel/Per Diem
� Indirect 0% $ - $ -
0 Subtotal $ 55,000 $ 182,850
Salaries&Benefits -
LL, Overtime/Backfill
�n Consultants/Contractors
arc Goods&ServicesLU
Travel/Per Diem
Indirect 0% $ - $ -
Subtotal -
Salaries&Benefits
Overtime/Backfill -
Z_ Consultants/Contractors -
Z Goods&Services
Travel/Per Diem $ 8,000 $ _
'Indirect 0% $ $
Subtotal $ 8,000 $ -
a Equipment $ 16,000 $ -
d Indirect 0% -
w Subtotal $ 16,000 $ -
Salaries&Benefits
Overtime/Backfill -
Q Consultants/Contractors -
cO Goods&Services
Travel Per Diem
Indirect 0%
Subtotal
TOTAL Grant Agreement AMOUNT: $ 81,876 $ 182,850
• The Subrecipient will provide a match of at least$81,876,50%of the total project cost(localltribal budget plus EMPG
award),of non-federal origin.
• Cumulative transfers between budget categories in excess of 10%of the grant agreement amount will not be
reimbursed without prior written authorization from the Department.
Funding Source: U.S.Department of Homeland Security-Pig 753PT—EMPG
DHS-FEMA-EMPG-FFY 15 Page 30 of 30 Kent,City of,El6-108
Attachment 1
U.S. Department of Homeland Security
�. Washington, D.C. 20472
o � �
Bret Daugherty
.Washington Military Department
:Building 20
:Camp Murray,WA 98430
Re:Grant No.EMW-2015-EP-00028
:Dear Bret Daugherty:
!Congratulations, on behalf of the Department of Homeland Security,your application for financial assistance submitted under
:the Fiscal Year(FY)2015 Emergency Management Performance Grants has been approved in the amount of$7,219,265.00.
!As a condition of this award,you are required to contribute a cost match in the amount of$7,219,265.00 of non-Federal funds,
or 50 percent of the total approved project costs of$14,438,630.00 .
Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award. By
accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your
'award:
. Agreement Articles(attached to this Award Letter)
. Obligating Docurpent(attached to this Award Letter)
. FY 2015 Emergency Management Performance Grants Funding Opportunity Announcement.
Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
In order to establish acceptance of the award and its terms, please follow these instructions:
.Step 1: Please go on-line to the ND Grants system at https:Hportal.fema.gov.After logging in,you will see a subtitle Grants
Management.Under this subtitle,you will see a link that says Award Package(s).Click this link to access your award
packages. Click the Review Award Package link to review and accept the award package for your award. Please print your
,award package for your records.
:Step 2: Please fill out and have your bank complete and sign the SF 1199A,Direct Deposit Sign-up Form.The information on
:the 1199A must match your SAM record. Be sure to include your DUNS and grant number on the form in Section 1 F"Other."
:The SF 1199A should be sent directly from your financial institution to the FEMA Finance Center,via fax or mail to the Vendor.
:Maintenance Office(see address below).The 1199A form will not be accepted unless it Is received directly from the financial
institution. Please pay careful attention to the instructions on the form.
FEMA Finance Center
Attn:Vendor Maintenance
P.O. Box 9001
Winchester,VA 22604
,Secured Fax:(540)504-2625
:Email:FEMA-Finance@FEMA.DHS.gov
.System for Award Management(SAM): Please ensure that your organization's name,address, DUNS number,EIN,and
:banking information are up to date In SAM and that the DUN number used in SAM is the same one used to apply for all
Attachment l
`FEMA awards.The System for Award Management is located at http://www.sam.gov. Future payments will be contingent on
the information provided in the SAM;therefore it is imperative that the information is correct
If you have any questions or concerns regarding the process to request your funds, please call(866)927-6646.
JEFFREY JAMES,Acting Division Director, FEMA Region X
i
_L. _
Attachment I
eeweut;Anccles
2014-10-01 00:00:00.0
U.S. Department of Homeland Security
Washington, D.C. 20472
lgND S�GJ
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT EMW 2015-EP-00028-S01
NUMBER:
TABLE OF CONTENTS
Article 1 2015 EMPG HOLD on FUNDS
Article II Acknowledgement of Federal Funding
from DHS
Article III Activities Conducted Abroad
Article IV Age Discrimination Act of 1975
Article V Americans with Disabilities Act of 1990
Article VI Best Practices for Collection and Use of
Personally Identifiable Information (PII)
Article VI Title VI of the Civil Rights Act of 1964
Article VIII Civil Rights Act of 1968
Article IX Copyright
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Anachment 1
Article X Assurances, Administrative
Requirements and Cost Principles
Article XI Debarment and Suspension
Article Xll Drug-Free Workplace Regulations
Article XI11 Duplication of Benefits
Article XIV Energy Policy and Conservation Act
Article XV Reporting Subawards and Executive
Compensation
Article XVI False Claims Act and Program Fraud
Civil Remedies
Article XV11 Federal Debt Status
Article XVII I Fly America Act of 1974
Article XIX Hotel and Motel Fire Safety Act of 1990
Article XX Limited English Proficiency (Civil Rights Act of
1964,Title VI)
Article XXI Lobbying Prohibitions
Article XXII Non-supplanting Requirement
Article XXIII Patents and Intellectual Property Rights
Article XXIV Procurement of Recovered Materials
Article XXV Contract Provisions for Non-federal Entity
Contracts under Federal Awards
Article XXV1 SAFECOM
Article XXVII Terrorist Financing E.O. 13224
Article XXVIII Title IX of the Education Amendments of 1972
(Equal Opportunity in Education Act)
Article XXIX Trafficking Victims Protection Act of 2000
Article XXX Rehabilitation Act of 1973
Article XXXI System of Award Management and Universal
Identifier Requirements
Article XXXII USA Patriot Act of 2001
Article XXXIII Use of DHS Seal, Logo and Flags
Article XXXIV Whistleblower Protection Act
Article XXXV DHS Specific Acknowledgements and
Assurances
Article XXXVI Disposition of Equipment Acquired Under the
Federal Award
Article XXXVII Prior Approval for Modification of Approved
Budget
Article XXXVII I Acceptance of Post Award Changes
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Attachment 1
Article I -2016 EMPG HOLD on FUNDS
This special condition is hereby applied to the Washington Military Department's FY 2015 EMPG award. The
recipient agrees not to obligate, expend or drawdown 100%of the Federal share, $7,219,265 until a 2015
EMPG Work Plan,which includes the program narrative, grant activities outline, budget, budget detail, and
data tables, have been reviewed and approved by the FEMA Regional Program Manager, and an official notice
has been issued removing this special condition. This 2015 EMPG Work Plan shall be submitted by 5:00 p.m.
Pacific Daylight Time on October 9, 2015 in ND Grants.
Article II -Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests
for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part
with Federal funds.
Article III -Activities Conducted Abroad
All recipients 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.
Article IV-Age Discrimination Act of 1976
All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. &6101 et
seg.),which prohibits discrimination on the basis of age in any program or activity receiving Federal financial
assistance.
Article V-Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, 11, and III of the Americans with Disabilities 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 (42 U.S.C. §§
12101-12213).
Article VI -Best Practices for Collection and Use of Personally Identifiable Information(PII)
All recipients who collect PII are required to have a publically-available privacy policy that describes what PII
they collect, how they use the PII,whether they share Pll with third parties, and how individuals may have their
PII corrected where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance
and Privac template respectively
Article VII-Title VI of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. &2000d
et sea.), 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. Implementing regulations for the Act are found at 6
C.F.R. Part 21 and 44 C.F.R. Part 7.
Article Vlll -Civil Rights Act of 1968
All recipients must comply with Title VI I of the Civil Rights Act of 1968,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 C.F.R.
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 C.F.R. §100.201).
Article 1X-Copyright
-5-
Attachment 1
All recipients 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).
Article X-Assurances, Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard Form 424E Assurances—Non-
Construction Programs. Certain assurances in this document may not be applicable to your program, and the
awarding agency may require applicants to certify additional assurances. Please contact the program awarding
office if you have any questions.
The administrative and audit requirements and cost principles that apply to DHS award recipients originate from 2
C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as adopted by DHS at 2 C.F.R. Part 3002.
Article XI -Debarment and Suspension
All recipients 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.
Article XII -Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C. 4 701 et seq.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS
has adopted the Act's implementing regulations at 2 C.F.R Part 3001.
Article XIII -Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the
Federal awards.
Article XIV-Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. �6201 which contain policies relating to energy
efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
Article XV-Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates$25,000 or more in Federal funds that does not include Recovery
funds(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in
which the obligation was made (For example, if the obligation was made on November 7,
2010, the obligation must be reported by no later than December 31,2010.)
3.What to report.You must report the information about each obligating action that the submission
instructions posted at http:/Avww.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if-
- 6-
Attachment 1
i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the
preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts(and subcontracts)and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320(and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR 170.320(and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of
1934(15 U.S.C.78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
hftp:/hvww.sec.gov/answerstexecomp.htm.)
2. Where and when to report You must report executive total compensation described in paragraph
b.1. of this award term: i.As part of your registration profile at hops://www.sam.gov.
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award
term, for each first-tier subrecipient under this award,you shall report the names and total
compensation of each of the subrecipienfs five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year,the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts(and subcontracts)and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and Federal financial assistance subject to the Transparency
Act(and subawards); and
ii. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of
1934(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To ;
determine if the public has access to the compensation information, see the U.S. Security
and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report.You must report subrecipient executive total compensation described in
paragraph c.1.of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For
example, if a subaward is obligated on any date during the month of October of a given
year(i.e., between October 1 and 31), you must report any required compensation
information of the subreciplent by November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income,from all sources, under$300,000, you are exempt from the
requirements to report:
i. Subawards,
And
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
`e. Definitions. For purposes of this award term:
1.. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
-7 -
Attachment 1
iv. A domestic or foreign for-profit organization;
V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out
the project or program (for further explanation, see Sec._.210 of the attachment to OMB
Circular A 133, "Audits of States, Local Governments, and Non-Profit Organizations").
iii. A subaward may be provided through any legal agreement, including an agreement that
you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient)under this award; and ii. Is accountable to
you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during the
recipient's or subrecipients preceding fiscal year and includes the following (for more information
see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock,stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123(Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans.This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees. iv. Change in pension
value. This is the change in present value of defined benefit and actuarial pension plans.
V. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property)for the executive exceeds$10,000.
Article XVI-False Claims Act and Program Fraud Civil Remedies
All recipients 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.
Article XVII-Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-
129 and form SF-424B, item number 17 for additional information and guidance.
Article XVIII -Fly America Act of 1974
All recipients 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 B-138942.
Article XIX-Hotel and Motel Fire Safety Act of 1990
.In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a,all recipients 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, as
amended, 15 U.S.C. §2225.
-8 -
Attachment 1
Article XX -Limited English Proficiency(Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI)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 Recipient Guidance https://www.dhs.gov/guidance=published-help-
department-supported-organizations-provide-meaningful-accesspeople-limited and additional resources on
,http://www.lep.gov.
Article XXI -Lobbying Prohibitions
All recipients 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.
Article XXII - Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law 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 of expected receipt of Federal funds.
Article XXtll - Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-617, as amended,
:and coded in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the
:development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. §401.14.
Article XXIV-Procurement of Recovered Materials
'All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
`Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in
_guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest
Percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
'where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Article XXV-Contract Provisions for Non-federal Entity Contracts under Federal Awards
a. Contracts for more than the simplified acquisition threshold set at$150,000.
All recipients who have contracts exceeding the acquisition threshold currently set at$150,000,which is
the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative,
-9-
Attachment 1
contractual, or legal remedies in instance where contractors violate or breach contract terms and provide
for such sanctions and penalties as appropriate.
b. Contracts in excess of$10,000.
All recipients that have contracts exceeding$10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Article XXVI -SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and
its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Article XXVII -Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
Article XXVIII -Title IX of the Education Amendments of 1972(Equal Opportunity in Education Act)
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et sere.),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. Implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19
Article XXIX-Trafficking Victims Protection Act of 2000
All recipients 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).This is
implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No.218, November
13, 2007. Full text of the award term is located at 2 CFR§ 175.15.
Article XXX-Rehabilitation Act of 1973
All recipients of 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.
Article XXXI -System of Award Management and Universal Identifier Requirements
A. Requirement for System of Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the
currency of your information in the SAM until you submit the final financial report required under this award or
receive the final payment,whichever is later.This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in your information or another
award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award,you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to
you.
- 10 -
Attachment 1
C. Definitions
;For purposes of this award term:
1. System of Award Management (SAM) means the Federal repository into which an entity must
provide information required for the conduct of business as a recipient. Additional information
about registration procedures may be found at the SAM Internet site (currently at
http://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to uniquely identify
business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C:
a. A Governmental organization,which is a State, local government, or Indian Tribe; b.A
foreign public entity;
C. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which you received this award and that you as the
recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed to cant'out
the project or program (for further explanation, see 2 CFR 200,330).
C. A subaward may be provided through any legal agreement,including an agreement that
you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
' b. Is accountable to you for the use of the Federal funds provided by the subaward.
t
1
Article XXXII -USA Patriot Act of 2001
.,All recipients must comply with 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—
`975c. 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.
Article XXXIIi-Use of DHS Seal, Logo and Flags
All recipients 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.
Article XXXIV-Whistleblower Protection Act
.All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10
`U.S.0 4 2409,41 U.S.C.4712,and 10 U.S.C. &2324,41 U.S.C. § 4304 and 4310
Article XXXV-DHS Specific Acknowledgements and Assurances
`All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors,
Transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS
;access to records, accounts,documents, information,facilities, and staff.
1. Recipients must cooperate with any compliance review-or complaint investigation conducted by
DHS.
2. Recipients must 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.
- 11 -
Attachment 1
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance,
5. If, during the past three years,the recipient has been accused of discrimination on the grounds of
race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the recipient must 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.
6. 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 recipient, or the recipient settles a case or matter alleging such
discrimination, recipients 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.
Article XXXVI -Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no
:longer needed for the original project or program or for other activities currently or previously supported by
.DHS/FEMA,you must request instructions from DHS/FEMA to make proper disposition of the equipment
:pursuant to 2 C.F.R. §200.313.
Article XXXVII -Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award, you must request prior written
approval from DHS/FEMA where required by 2 C.F.R. §200.308. For awards with an approved budget greater
than $150,000,you may not transfer funds among direct cost categories, programs,functions, or activities without
;prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to
exceed ten percent(10%)of the total budget DHS/FEMA last approved. You must report any deviations from
your DHS/FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget
deviation, regardless of whether the budget deviation requires prior written approval.
Article XXXVIII -Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been
rnade, including changes to period of performance or terms and conditions, recipients will be notified of the
changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/GMD Call Center at(866) 927-5646 or via e-mail
to ASK-GMQ0-dhs.gov if you have any questions.
- 12 -
UlLgatiag Docitimentfor A�vard/:�,xuenidmieri<�. _ - -?
1a.AGREEMENT NO. 2. 3.RECIPIENT NO. 4.TYPE OF 5.CONTROL NO.
EMW-2015-EP-00028-S01 AMENDMENT 916001095G NO. ACTION FY2015RIOEMPG
NO. AWARD
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military Grant Operations 500 C Street,S.W.,Room 723
Department 245 Murray Lane-Building 410,SW Washington DC,20472
Building 20 Washington DC,20528-7000
Camp Murray,WA,98430 POC:966-927-5646
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER (253) Central Scheduling and Information Desk
Sierra Wardell 512-7121 Phone:800-368-6498
Email:Askcsid@dhs.gov
11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement
10/01/2014 OF From: To:
PAYMENT 10/01/2014 09/30/2016
PARS Budget Period
10/01/2014 09/30/2016
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL
ACRONYM xxxx-XXX- AWARD THIS AWARD COMMITMENT
-XXXX- ACTION
XXXX-X +OR(-)
Emergency 97.042 2015-EM-D111-R107- $0.00 $7,219,265.00 $7,219,265.00 $7,219,265.00
Management 4101-D:FY2015R10EMPG .
Performance $7,219,265.00
Grants
TU.TALS 0$7,219,265 00 65.00 $7,219,265 00
b.To describe changes other than funding data or financial changes,attach schedule and check here.
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document.However,recipients
should print and keep a copy of this document for their records.
16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) "DATE
Bret Daugherty,The Adjutant General 09/22/2015
18.FEMA SIGNATORY OFFICIAL.(Name and Title) DATE
09/14/2015
KIMBERLY PENFOLD,Assistance Officer
r
FFATA FORM
Subreciplent Agency_ City of Kent, OEM
Grant and',Year: EMPG 2015 Agreement Number: E16-108
Completed Jennifer Keizer EM Specialist 253-856-4342
by:
Name Title Tele hone
Date Completed: 11/5/15
^e xua.
zx
YES STOP, no further NO
Is your grant agreement less than$25,000? analysis needed, GO to Step 2
F GO to Step 6
+rv'"r.. "��",`'k'u�„'.=wA'"Ji' .�i, " " �� '�. "�'° .ea.ara„ ":*:.
In your preceding fiscal year,did your YES I NO STOP,no further
organization receive 80%or more of its annual ElGO try STEP 3 analysis needed, GO to
gross revenues from federal funding? Step 6
`° a', '^("sr,�w�. ��.v ` 1 w 1X9��
��� S�+�T _r�0.'.'?sa-.*,a,..:u�.i��....
In your preceding fiscal year,did your YES NO' STOP, no further
organization receive$25,000,000 or more in � GO to STEP 4 Elanalysis needed, GO to
federal funding? Step 6
,p, t
VIVA l iW'i^rn Mx^
Does the public have access to information about YES STOP, no further NO
the total compensation*of senior executives In analysis needed, GO to STEP 5
your organization? GO to step 6
S,�,.�1?�:u. �`"'" a.- +:^5; c�'^' "9^ 4�+hy5
'�cr
Executive 91
Name:
Total Compensation amount; $
Executive#2 Name:
Total Compensation amount: $
Executive f#3
Name:
Total Compensation amount. $
Executive#4 Name:
Total Compensation amount: $
Executive#5 Name:
Total Compensation amount:$ 1y L
_.�,
If your organization does not meet these criteria,specifically Identify below each criteria that is not met for your
organization: For Example:"Our organization received less than$25,000."
Our organization did not receive 80% or more of our annual gross revenues from federal funding.
Signature: r bate:.. 11/5/15
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://www.whitehouse.gov/omb/open
hfto://www.hrsanovtqrants/ffats.html
h#p://www.gpo.gov/fdsysfpkq/FR-2010-09-14/pdf/2010-22705,pdf
http://ww'wu.grants.goyt
Page 1 of 3
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations
on a'C t ctleft6hitibh;;�
Subrecipient Name(Agency,Local Govement,or Organization):
Authorized Chief Financial officer(central accounting offlea):
Address: 7;m %lb
Emall: Phone'*#:
zf;��.gga 'c'ZLAD
A
Purpose: As a pass-through entity of federal grant funds,the Washington Military DepartmenIlEmergency Management DIvIslon(Department)
Is required by 2 CFR Part 200 Subpart F to monitor activities of subracIplents to ensure federal awards are used for authorized purposes and
verify that subrecIplants expending$750,000 or more In federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit
Requirements. Your entity Is a subreclplent subject to such monitoring by MIUEMD because It Is a non-federal entity that expends federal grant
funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted
when corrip4aling this form.
Directions: As required by 2 CFR Part 200 Subpart F,non-federal entities that expend$750,000 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 these requirements,you must complete Section A of
this Form. If your entity is subject to these requirements,you must complete Section 8 of this form. When completed,you must sign,date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement 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.
Our entity Is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply):
0 We did not expend$750,000 or more of total federal awards during the fiscal year.
0 We are a for-profit agency.
0 We are exempt for other reasons(describe):
However,by signing below,I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)In
which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies and their designees,and that WMD/EMD may request and be provided access to additional Information and/or documentation to
ensure proper stewardship of federal funds.
`S99710
GFR`Part 200 Siifipart V
Iste;thei-In-iffift"ifl—
a on.'M6W' kk thb.-do n'
We completed our last 2 CFR Fart 200 Subpart F Audit on[enter -4 date]ql2fllk for Fiscal Year ending[enter date] 1114YI There
were no findings related to federal awards from WMDIEMD. No follow-up-action Is required by WMD1EMD 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 contlacts.officeftil.wa.-gov or provide the state auditor report number.
We completed our last 2 CFR Part 200 Subpart F Audit on[enter date]_for Fiscal Year ending[enter date] . There
were findings related to federal awards.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management response,Is either
provided electronically to contracte.office0milmg.00v or provide the state auditor report number.
❑ Out completed 2 CFR Part 200 Subpart F Audit will be available on [enter date]for Fiscal Year ending
renter datel We will provide electronic copy of the audit report to contracts.officeAmil.wa.gov at that time or
provide the state auditor report number.
I hereby certify that I am an Individual authorized by the above Identified entity to complete this form. Further,I certify that the
above information Is true and correct and all relevant material findings contained In audit report/statement have been disclosed.
Additionally,I understand this Forth Is to be submitted very fiNal ye IC thl entity a subrecipient of federal award
, I
funds from the Department until the grant agreement I9 a
'a
Signature of Authorize l Chief Finan 10fter: V Date
r
Print Name&Title,
WMD Farm SOUK-13,IVISM13.Updated GO=%
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Number E16-108
The Kent Fire Department Regional Fire Authority appoints the following
person as the liaison for the Memorandum of Understanding between the City
and the Kent Fire Department Regional Fire Authority; this person shall be
responsible for overall administration of the EMPG funded program:
Liaison: Jennifer Keizer Emergency Management Specialist
MOU, Kent&RFA
EMPG E16-108
EXHIBIT C
INSURANCE REQUIREMENTS FOR
EPMG SUB-AWARD AGREEMENT
Insurance
The RFA shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
RFA shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of
not less than $3,000,000 per occurrence and in the aggregate.
Products and Completed Operations coverage shall be provided for
a period of 3 years following Substantial Completion of the work.
The Commercial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
1185. The City shall be named as an Additional Insured
under the Contactor's Commercial General Liability
insurance policy with respect to the work performed for the
City. All endorsements adding Additional Insureds shall be
issued on form CG 20 10 1185 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
minimum limits of$3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent&RFA
EMPG E16-108
EXHIBIT C (Continued)
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $3,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of$1,000,000 per
accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The RFA's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the RFA's insurance and
shall not contribute with it.
2. The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer's
liability.
D. RFA's Insurance for Other Losses
The RFA shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
MOU, Kent&RFA
EMPG E16-108
EXHIBIT C (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work.
H. Subcontractors
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent& RFA
EMPG E16-108
REQUEST FOR MAYOR'S SIGNATURE
4W oil, Print on Cherry-Colored Paper
�IKC IEF:N�T
Routing Information,
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Vrector-
Originator;, Robert Goehring Phone (Originator). 5262
Date Sent: March 2, 2016 Date Required: March 11, 2016
Return Signed Document to: Robert Goehring contract Termination Date:AU9 31', 2016
VENDOR NAME: Date Finance Notified:
(Only required on contracts la
ri 25,
Kent Fire Department RFA �20,000 and over,or on any Grant
ATE OF COUNCIL APPROVAL: 6 Date Risk Manager Notified': 11/24/15
Mar 1, 201 Re aired on Non-O Standard Contracts jAqreernentsj_
Has this Document been Specificall Account Number:
Authorized in the Budget? YES 01 NO No budget impact ,
Brief Explanation of Document:
On December 8, 2015 the City Council authorized acceptance of a federal Emergency Management Performance Grant from
the Washington Military Department in the amount of$81,876 for the period June 1, 2015 through August 31, 2016.
The purpose of this grant is to assist with the enhancement, sustainm:ent and improvement of state, locali, and tribal
emergency management programs. Regional fire authorities and fire protection districts are not eligible to receive these
grants directly from the Washington Military Department. Accordingly, this grant is awarded directly to the City and is then
passed-through; to the Kent Fire Department RFA.
This MOLL establishes the requirements governing the Kent Fire Department RFA's administration of the EMPG Award
(E16-108); including ensuring adherence to the terms and conditions of the Grant Agreement and other federal grant
requirements.
Al/L�MfgVM 1 e Through The Law Department
(This area to be completed by the Law Department)
Received: MAR 15 2016
Approval of Law Dept.:
Law Dept. Comments:
Date Forwarded to M
V
A , i co m'm'6nd Aloris,ati'd,Comments.
MAR
'D
A
r
safeirnn � 'Oft
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ClTY O KENT
F
CITY CLEW
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