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HomeMy WebLinkAboutFI16-148 - Original - S.K. Miller Consulting - Emergency Management Performance Grant Monitoring Services - 01/01/2016 rri �/,ga i� %�%% r / girl/Il/��%// �10�� �i/�/G,�� r( � t /Y�if��I/I l,�/d„ar §fir pl e-re R e o r d s M 11NNT KKE 0401 o' I l 11 ll CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks O4 fice. all portions are to be completed. If you have questions, please contact City Clerk's Office. Vender Marne: S.K. Miller Consulting Vendor Number: 1 y LP I t JD Edwards Number Contract Number: qu —I This is assigned by City Clerk's Office Project Name: Monitoring Services - Emergency Management Performance Grant Description: M Interlocal Agreement ❑ Change Order ❑ Amendment dcontract El Other: Contract Effective Date: January 1 2016 Termination Date: December 31, 2016 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Robert. Goehring Department: Finance Contract amount: 1 .500 Approval authority: (CIRCLE ONE) epartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The City is required to perform, grant monitoring activities designed to ensure grant requirements are met. The City does not have the prerequisite knowledge or expertise to perform the monitoring activities for these awards. S.K. Miller Consulting has agreed to perform these activities on behalf of the City. As of: 08/27/14 Goehring, Robert From: Komoto, Kim Sent: Wednesday, April 20, 201612:09 PM To: Goehring, Robert Cc: BeMiller,Aaron; Hills, Chris Subject: RE:Additional Insured - Sarah Kathryn Miller Robert: Everything appears to be in order. Let me know if you have any additional questions. Thanks, Kim Komoto, Legal Analyst Assistant to City Attorney Public Safety Committee Secretary Civil Division I Law Department Direct Line: 856-5788 ...., .. ..._._„ From: Goehring, Robert Sent: Wednesday, April 20, 2016 10:12 AM To: Komoto, Kim Cc: BeMiller, Aaron; Hills, Chris Subject: FW: Additional Insured - Sarah Kathryn Miller Ki m, Please see below e-mail and attached and advise whether we are good to go with this contract (insurance question was the only open item) Thanks Robert A. Goehring, CFE, CPA, City Auditor Audit I Finance 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5262 1 Fax 253-856-6255 RGoehrina@ KentWA.Gov CITY OF KENT,WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Hills, Chris Sent: Wednesday, April 20, 2016 10:05 AM To: Goehring, Robert Cc: BeMiller, Aaron Subject: RE: Additional Insured - Sarah Kathryn Miller The Additional Insured Endorsement is correct, though in reviewing the entire 60 pages of the Agreement, I was unable to locate the Certificate of Insurance (which I believe I have previously reviewed and approved, but for the lack of the Al 1 Endorsement). Did I miss the Cert somewhere in there? In any event, both the Certificate of Insurance and the Additional Insured Endorsement must be attached to the contract. If it's simply a matter of you attaching the Cert I previously saw, but couldn't locate here,you can just put both the Cert and the Al in the contract and forward to Kim Komoto. If anything's missing, she'll let us both know. Chris From: Goehring, Robert Sent: Wednesday, April 20, 2016 9:25 AM To: Hills, Chris Cc: BeMiller, Aaron Subject: FW: Additional Insured - Sarah Kathryn Miller Importance: High Hi Chris, Please review to ensure this meets your requirements. Thanks Robert A. Goehring, CFE, CPA, City Auditor Audit I Finance 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5262 1 Fax 253-856-6255 RGoehrina@ KentWA.Gov CITY OF KENT,WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Sarah K. Miller [mailto:sarah(&skmillerconsulting.com] Sent: Wednesday, April 20, 2016 9:22 AM To: Goehring, Robert Subject: FW: Additional Insured - Sarah Kathryn Miller Importance: High At long last,the additional insured endorsement has arrived! Sorry for the delay. ■ Sarah Sarah K. Miller, MPA,CEM Principal S.K. Miller Consulting sarah@skmillerconsulting.com (253)293-5781 Twitter: @scba Skype:skmiller2l 2 Goehring, Robert From: Komoto, Kim Sent: Thursday, March 10, 2016 9:42 AM To: Goehring, Robert Subject: ConsultantServicesAgreement(SK Miller).docx Attachments: ConsultantServicesAgreement(SK Miller).docx Robert: I made the revisions to your contract. This is approved. Let me know if you need anything additional. Thanks, Kim 1 • KENT Ww ..GT O. CONSULTANT SERVICES AGREEMENT between the City of Kent and S.K. Miller Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and S.K. Miller Consulting organized under the laws of the State of Washington, located and doing business at 610 H Street Northeast, Auburn, WA 98002 (253) 293-5781 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant will perform subrecipient monitoring services as identified Exhibit A with respect to the City's Emergency Management Performance Grant (hereafter "EMPG), identified as Grant Agreement No. E16-108 which is attached as Exhibit B, both Exhibits which are incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I and provide the monitoring reports to the City by thirty (30) days after the end of each calendar quarter effective January 1, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $1,500, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit a written invoice to the City for the cost of the services provided pursuant to this Agreement after each related monitoring report for the Grant Agreement has been provided to the City. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT- 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Aareement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT- 4 ($20,000 or Less) K. Counterparts and Si natures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CIT OF KENT: By: B (signkure) Print rile: 14 I'll An I P.. ...... Print Name- Aaron BeMiller Its: Owla& Its: Fina ce Director (title) DATE: 3 Ito DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT' TO: CONSULTANT: CITY OF (CENT: Sarah K. Miller Robert Goehring, City Auditor S.K. Miller Consulting City of Kent 610 H Street Northeast 220 Fourth Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 293-5781 (telephone) (253) 856-5262 (telephone) (facsimile) (253) 856-6255 (facsimile) [Tri ttus field,you may enter the electronic filepath where the cantract has been savecl] CONSULTANT SERVICES AGREEMENT - 5 ($2'0,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. IZZ-- By: For: M I LL&J2— AJ Title: , Date: 1 oo EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A CONSULTANT SERVICES AGREEMENT Scope of Work and Price Proposal EMPG Grant Agreement Number E16-108 Consultant Services Agreement EMPG E16-108 /l ii t March 3, 2016,. Robert A. Goehring City Auditor City of Dent 220 Fourth Ave. S Kent, WA 9$032 RE: Scope of Work, and Price Proposal - EMPG Grant Subrecipient Monitoring Mr. Goehring, I'm pleased to submit this Scope of Work and Price Proposal pursuant to your request for an EMPG grant Subrecipient monitor. My company proposes to do the following • Provide a qualified subject matter expert with previous experience as both an EMPG Administrator and an EMPG Subrecipient Monitor. • Conduct grant monitoring of entities that the City of Kent passes EMPG monies through to. • Verify that grant activities conform to laws, rules, and procedures that are specific to the EMPG grant program. This will be done through: • Review of performance reports a Monitoring and documentation of completed agreement deliverables, to include review of exercise after-action reports, training records, funded event reports, purchases, personnel expenditures, and other performance items listed in the grant agreement o Review of documentation required to address all of the above, including e-malls, documented phone calls, invoices, training and exercise rosters, etc. o On-Site visits as necessary to view equipment and other items that cannot be provided electronically. • Provide monitoring services no more than four (4) and not less than two (2) times per EMPG grant cycle, to coincide with established EMPG reporting requirements. • Create a report for each monitoring period, to be delivered to the City of Kent, which details whether or not grant provisions have been met. Please note that specific recommendations related to the monitoring findings will not be made. If deficiencies are found, they will be specifically noted, however no corrective action recommendations will be made. 1 1 P a g e For these services, my company will charge a flat fee of $1500 for each EMPG grant cycle, to be paid in two equal installments over the course of the subrecipient monitoring agreement. This fee is inclusive of all vehicle use, mileage, tolls, office space, supplies, and any other costs that may be associated with carrying out the activities specified above. Thank you for the opportunity to submit this proposal. If you have any questions, please contact me via e-mail at Sarah @skmillercgnqult jpg.com or via phone at 253-293-5781. Sincerely, rah hiller Principal 2 1 P a g e NONE= EXHIBIT B CONSULTANT SERVICES AGREEMENT Grant Agreement EMPG Grant Agreement Number E16-108 Consultant Services Agreement EMPG E16-108 Washington State Military Department .HOMELAND SECURITY GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount 3. Grant Agreement Number. Kent,City of $81,876 Ell 6-108 Office of Emergency Management 24611 116th Ave BE Kent,WA 98030-4939 4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Jennifer Xeizer,(253)8564342 June 1,2015 August 31,2016 idkeizartMIken1wa.gov 7. Department Program Manager,phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): Sierra Wardell,(263)612-7121 sierra.wardell mii.wa. ov 020263613 173-D00-D02 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title: EMW-2016-EP-00028-501 09/2212016 1 91.042 15EMPG) 14. Total Federal Amount #: 15. Program Index#&OBJ/SUB-OBJ: 16. TIN: $7 219,266 763PT NZ 91-6001254 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned,State (BY LEGISLATIVE DISTRiC7):11,33,47 .King County Certified?: X N/A ❑ NO BY CONGRESSIONAL DISTRICT): 8,9 1 1 ❑ YES,OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X PublidLocal Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE&DESCRIPTION: The purpose of the FY 2015 Emergency Management Performance Grant(15EMPG)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 16EMPG Award EMW2016-EP-00028-S01,which is incorporated In and attached hereto as Attachment#1,and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient 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 Subrecipient acknowledge and accept the terms of this Agreement,Including ail 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 terms and conditions agreed upon by the partles and govern the rights and obligations of the parties to this Agreement. No other understandings,oral or otherwise, regarding the subject 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. DHSIFEMA Award and program documents 6. General Terms and Conditions,and, 3. Work Plan 6. Other provisions of the Agreement IneWporated by reference WHEREAS,the7parties hereto have executed this Agreement on thim below. FOR TH��rRIV1� � - NT: Signature Date Date Richard A.Woodruff,Contracts Administrator Washington State MlEitary Department f/. Q q�CQ0)a1 BOILERPLATE APPROVED AS TO FORM: Signature Date Brian E.Buchholz(signature on file 9/22/2016) Jim Schneider,Fire Chief AssistantAttomey General APPROVED AS TO FORM(If applicable): Applicants Legal Review Date Form 05/1212015 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 Kelzer Name Gary Stumph Title EM Specialist Title Program Coordinator E-Mail idkeizer(&kentwa.gov E-Mail stumphoRmil.wa.gov Phone 253-856-4342 Phone 253-512-7483 Name Jim Schneider Name Sierra Wardell Title Fire Chief Title Program Manager E-Mail ischneider(Mkentflrerfa.orrq E-Mail sierra.wardell0mil.wa.gov Phone 253-856-4311 Phone 253-512-7121 Name Name Dalton Gamboa Title Title Program Assistant E-Mail E-Mail I dalton. amboa mil.wa.gov Phone Phone 253-512-7044 ARTICLE II. 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 a, 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,E16-108 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 http://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 Reimbursements(cDmil.wa.aov 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. . L 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-management- division/grants/reguiredgrantforms,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 Subrecipient 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 Subrecipient 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: L 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 httr)://m il.wa..ov/emer.gency-management-division/g rants/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-planning-and-historic-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.gov/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/reguiredgrantforms 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; fi. monitoring and documenting the completion of Agreement deliverables; ill. 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-people-limited 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 Subrecipient 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 DHS 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)1 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 "subrecipient" 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 Subrecipient 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. AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S:C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subreciplent must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.6 ASSURANCES 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,E16-108 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 Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-division/grants/reauiredgrantforms. 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.Ini.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContract orsn. 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://www.des.wa.gov/services/contractingPurchasing/Business/PagesNendor- 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 ail 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, E16-108 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 Subrecipient 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 11 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 specked 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 Subrecipient, 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 Subrecipient. A.17 NONDISCRIMINATION The Subrecipient 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 Subreciplent 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(OSHA/WISHA) 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, E16-108 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 falls 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 life 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 Subreciplent'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 DHS-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 Subrecipient 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 PROJECTISTATEMENT OF WORKNVORK 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 DHS-FEMA-EMPG-FFY 15 Page 19 of 30 Kent, City of, E16-108 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 GALAS, 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 98430-5032 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 fulfill 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 Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's 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, E16-108 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 Subrecipient and the Department for(i)completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (III) other work, services and/or equipment or supplies which are accepted by the Department, and(iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the"Disputes" clause of this 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 Subrecipient 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 Department's 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 16EMPGVVORK PLAN Emergency Management Organization: City of Kent—Office of Emergency Management The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs.Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention; protection; response; recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However,there are required capabilities that must be conducted in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 15EMPG grant and local funds). -Progra Aee tainment Emergency Management Program support Uls- Satellite phones, copier lease,office supplies, meeting refreshments, punch kit lease (copier part), ink cartridges, printing fees,sma,ll tools and equipment, professional development,emergency food and water(MRE distribution, comfort kits) ,Progra&Area#1 Community Outreach/Public Education Lu 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 damage to their homes/businesses and how to assist duhng the different phases of a disaster, This will ca help in the rebuilding of our community by having less injuries and less strain on emergency personnel. F---�---,---------- -- '- �� - -' --------------------... .... -----� -----------------'---�---�� Emergency ManagementF Function: Crisis C |Communications,Public Education d Information � nm�/ � un��m��.-- �/mrm�o�m�n����'u_xc�oucprmoan� - _� __�______-__��_____-� Performance Meosure(s)that will 6e used to evaluate the program area Target(intended outcome) wwr,ommrnt(how*,tell if success has been achieved) Trained community members and city empbyees will -Conduct at a minimum 2 CERT classes and 2 CERT continuing directly correlate with a more resihent 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 CERT -Teach the full 8 week long FEMA course using the approved curriculum to the general public 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 1 graduates. September Milestone: 2 Full CERT Class to May 2016 2015 Milestone: 2 Continuing Education Classes June 2015 to August 2016 t= Reach out to local Businesses/Neighborhood's and School to complete disaster preparedness sustainment 5 Successfully complete trainings in businesses,schools Milestone. June 2015 to August2016 or neighborhoods. 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 Covington&Corn Days Promotional items delivered to community regarding Milestone: June 2015 to August 2016 disaster prep DHS'FEMA,EMPG'FFY15 Page 24nf3O Kent, City of, E16-1D8 ........... . ......... Program Area#2 Kent Communication Support Team (KCST) KCST)s primary role is providing communication support to the Kent ECC and staffing REA station emergency communications. Meet,train and drill regularly to maintain a roster of competent COMMLjnications volunteers. A mobile communications van was purchased and outfitted to provide increased flexib0ity for ernergency 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 Function: Crisis,Conirnunications, 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) Enhanced skill levels 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 5th Saturday Drills 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, ---------- 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 sustalnment digital communications, Addition of digital mode capability(as opposed to Milestone: July 2015 to August 2015.... voice over messages)over the radio. Milestone: Recruit and train new volunteers June 2015 to August 2016 5th Saturday Drills and Annual Field Day Exercise-Held quarterly,these drills include communicating with King County Regional ECC and with the State EIVID in a variety of modes such as sustainment phone,fax,amateur radio and email, > 2 Successfully complete all 5th Saturday Drills and the June 2015 to August 2016 P Annual Field Day Exercise U Milestone., Begin transition to"digital modes"(as opposed to June 2015 to August 2016 voice messages)over the radio 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 volunteers more competent. 3 Milestone: Design,develop,outfit and test communications van June 2015 to August 2016 Develop procedures and trainings for new volunteer Milestone.. August 2015 to August 2016 operators Program Area#3 Exercises/Testing/Training Enhance our capabilities in the ECC through testing,exercises and trainings. Expand certified positional assignments in the ECC, including new employees due to attrition. LU CO 0 Emergency Management Function: Exercises,Evaluations and Corrective Actions 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 FCC systems monthly. -Conduct at least one training with NGO,FBO,and other regional partners DHS-FEMA-EMPG-FFY 15 Page 25 of 80 Kent, City of E16-108 Participate in the design,conduct,and evaluation at least one exercise during the performance 1 period. enhancement Milestone: Completed exercise and conducted an AAR July 201S to August 2016 Test systems(electronics, displays,forms, etc.)on a rotating basis-continuation of monthly ECC inUJ enhancement service days.._._ l- _ 2 Milestone; Find,correct and enhance any issues that may arise June 2015 to August 2016 1- from these test. Upgrade ECC electronics and support equipment to Q Milestone: June 2015 to August 2016 fully maximize room capabilities Collaborative training with NGO's,FBG's,and other regional partners, J enhancement 3 Participate in the design,conduct and evaluation of at Milestone: June 2015 to August 2016 a minimum 1 training and/or exercise. Program Area#4�— 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 communications. Co 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. 1 Milestone: Completion of projection and computer upgrade in August 2015 to August 2016 small training room In ECC Milestone: Provide network communication and status board June 2015 to February sharing for DOCs 2016 KCST(Kent Communications Support Team) enhancement UJJ Acquire radio equipment for ECC Communications Milestone: June 2015 to August 2016 2 capability > Improve cache of emergency communications Milestone: June 2015 to August 2016 equipment Volunteer Management-Develop and train volunteer teams to support multiple functions within enhancement the ECC and/or Disaster Preparedness/Recovery as per WAC 118,04 3 Completion of volunteer training(Message Center Milestone: Training,Smelter training,, ECC Trained Staff, EW'RC, July 2015 to August 2016 etc,) System Development Consultants enhancement Milestone: Improve all ECC/DOC processes June 2015 to August 2016 Program Area#a Public Information and Warning UJ Communicate with the public via multiple ways in order to relay emergency information, preparedness info,class/training schedules or any other important information for necessary public safety and messaging. 0 DHS-FEMA-EMPC-FFY 15 Page 26 of 30 Kent, City of El6-103 Emergency Management Function: Communications and Warning Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) m'eosurement(how to felt if success has been achieved i 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: June and update the reverse 911 community alert June 2015 to August 2016 system(Code Red) Social Media(Facebook/Twitter/Website) � sustainment _ _ 2 Use Facebook and Twitter monthly to engage Milestone: community with Emergency Preparedness June 2015 to August 2016 Information. vy CRS/Storm Ready-Coordinate activities.with Public Works to determine activities necessary and achievable to reduce insurance premiums and to participate and renew Storm Ready Communities sustainment 3 within Kent. Milestone: Successful certifi m cation as a Storm Ready Comunity, June 2015 to August 2016 U CRS rating improvement. - � Interpretation and Translation Services-Partner with local interpreters when requested for sustainment trainings,exercises or emergency situations. 4 Milestone: To identify and utilize interpreters or translation June 2015 to August 2016. services when needed in trainings/exercises. Recreate emergency communication documents into Milestone: June 2015 to August 2016 non-English speaking language Document development enhancement Westone. Creation of documents for Information and education. June 2015 to August 2016 e Program Area#6 LEPC LU 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 m growth of regional hazmat response and facility coordination through plan updates,training and drills. Q Emergency Management Function; Operations and Procedures. Performance Measure(s)that will be used to evaluate the program area Target(intended outcome) Meosurement(how to tell if success Maas been achieved) Community risks to chemicals identified for response Tier 11 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 1 Hazmat/LEP'C drill DH -FEMAµEMPG-FFY 15 Page 27 of 30 rent, City of EIC-108 Database Management sustainment To expand tier it database to be used be external LU Milestone: partners such as Zone 3 hazmat providers,fire June 2015 to August 2016 P inspectors, King County and statewide LEPCs. Plan updates,drills&exercises Msustainment Update facility and contact lists in the plan,support d 2 Milestone: LEPC/Hazmat/PacHity drills and exercises in cooperation with the South King County Eire Training June 2015 to August 2416 Consortium(SKCETC). DHS-FEMA-EMPG-FFY 15 Page 28 of 30 li<ent,City of E16-108 Exhibit D TIMELINE IFFY 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 15EMPG AWARDI $ 81,876.00 SOLUTION AREA CATEGORY EMPG AMOUNT MATCH AMOUNT Salaries&Benefits $ 12,,87 $ - Overtime/Backfill $ $ - Consultants Contractors $ $ - Z Goods &Services $Trave! Per Diem $Indirect 0% $ $Subtotal $ $Z Salaries &Benefits $ $ 182,850 FOvertime/Backfill $ $ - aConsultants/Contractors $ $ N Goods&Services $ $a Travel/Per Diem $ $Indirect 0% $ $ - O Subtotal $ $ 182,850 Salaries&Benefits $ - $ - w Overtime/Backfill $ - $ - Consultants/Contractors $ - $ ove Goods &Services $ $ LU Travel/Per Diem $ - $ - Ind!rect 0% $ $ - Subtotal $ - $ - Salaries &Benefits $ $ - Overtime/Backfill $ - $ - Z Consultants/Contractors $ $ - Goods &Services $ $ - Travel/Per Diem $ 81000 $ - Indirect 0% $ - $ - Subtotal $ 8,000 $ - a. Equipment $ 16,000 $ C Indirect 0% $ - $ - "° Subtotal $ 16,000 $ - Salaries&Benefits $ - $ - Overtime/Backfill $ - $ - Q Consultants/Contractors $ - $ - cZ Goods&Services $ - $ - Travel Per Diem $ - $ - I ndi rest 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(local/tribal 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- PI#753PT—EMPG DHS-FEMA-EMPG-FFY 15 Page 30 of 30 Kent,City of, E16-108 Attachment t A and i.etter U.S. Department of Homeland Security Washington, D.C. 20472 AND 6V 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$14,438,530.00 . 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 Document(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:l/portal.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 DUNS number used in SAM is the same one used to apply for all Attachment t 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)927-5646. 4A JEFFREY JAMES,Acting Division Director, FEMA Region X -2 - Attachment 1 Agreement Articles 2014-10-01 00:00:00.0 U.S. Department of Homeland Security Washington, D.C. 20472 w 4ND 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 VII Title VI of the Civil Rights Act of 1964 Article VIII Civil Rights Act of 1968 Article 1X Copyright - 3 - Attachment 1 Article X Assurances, Administrative Requirements and Cost Principles Article XI Debarment and Suspension Article XI Drug-Free Workplace Regulations Article XIII 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 XVII Federal Debt Status Article XVIII 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 XXVI 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 XXXVV 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 XXXVIII Acceptance of Post Award Changes -4 - 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 11 -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 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(42 U.S.C. 6 6101 et sea.), 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 II I 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. M 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 PII with third parties, and how individuals may have their Pll corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy 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 seg.), 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 VIII -Civil Rights Act of 1968 All recipients must comply with Title VIII 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 IX- 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. &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://www.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 http://www.sec.gov/answers/execomp.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 https://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 subrecipient's 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 subrecipient 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 I 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 subrecipient's 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 XXIII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified 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 interoperabie 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 sea.), 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. 4 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 4 175.15. 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 l 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 carry 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. Subreciplent 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. 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. 44175- 175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. 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 §2409,41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. 44 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 made, 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-GMD(adhs.gov if you have any questions. - 12 - Obligating Document for Award/Amendment la. AGREEMENT NO. 2. 3. RECIPIENT NO. 4.TYPE OF 5.CONTROL NO. EMW-2015-EP-00028-S01 AMENDMENT 916001095G NO. ACTION FY2015R10EMPG 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:866-927-5646 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 XXXXXXXXXXX-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:FY2015RI OEMPG Performance $7,219,265.00 Grants TOTALS $0.00$7,219,265.00$7,219,265.00 $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 arc not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their rccords. 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 09/2212015 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE �--"-' 09/14/2015 }S lam' 1��1..��•.� KIMBERLY PENFOLD,Assistance Officer FFATA FORM Subrecipient Agency: Citv of Kent, OEM Grant and Year: EMPG 2015 Agreement Number: E16-108 Completed Jennifer Keizer EM Specialist 253-856-4342 by, Name Title Telephone Date Completed: 11/5/15 'ISTEP.1 - YES STOP, no further NO Is your grant agreement less than$25,000? Ll analysis needed, Z GO to Step 2 GO to Step 6 STEP.2 In your preceding fiscal year,did your YES NO STOP, no further organization receive 80%or more of its annual ❑ GO to STEP 3 © analysis needed, GO to gross revenues from federal funding? Step 6 In your preceding fiscal year,did your YES NO'F STOP, no further organization receive$25,000,000 or more in GO to STEP 4 analysis needed, GO to 1 federal funding? Step 6 Does the public have access to information about YES STOP, no further NO the total compensation*of senior executives in analysis needed, a GO to STEP 5 your organization? GO to step 6 Executive#1 Name: Total Compensation amount: $ Executive#2 Name: Total Compensation amount: $ Executive#3 Name: Total Compensation amount: $ Executive#4 Name: Total Compensation amount: $ Executive#5 Name: Total Compensation amount: $ 5TEP`677 Y.1 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 [.Q.( Date: 11/5/15 *Total compensation refers to: • Salary and bonuses o Awards of stock,stock options, and stock appreciation rights o Other compensation Including,but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http:/Mrww.whitehouse.gov/omb/open http://www.hrsa.goy/grants/ffata.html http-://www.gpo.gov/fdsys/Dkq/FR-2010-09-14/pdf/2010-22705.pdf http://www.grants..qov/ Page 1 of 3 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations Contact Information Subrecipient Name(Agency,Local Government,or Organization): ` Q gsF' p Authorized Chief Financial Officer(central accounting office): Address: p� Email: 1 Phone#: rp Purpose: As a pass-through entity of federal grant funds,the Washington Military Department/Emergency Management Division(Department) Is required by 2 CFR Part 200 Subpart F to monitor activities of subreclplents to ensure federal awards are used for authorized purposes and verify that subrecipienis 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 subreciplent 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 completing 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 B 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. SECTION.A:.Entitles NOT sub t to the audit r wuh,ements.of 2 CFR Pant 200 Sub art F Our entity Is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply): ❑ We did not expend$750,000 or more of total federal awards during the fiscal year. ❑ We area for-profit agency. ❑ We are exempt for other reasons(describe): However,by signing below,I agree that we are still subject to the audit requirements,laws and regulations governing the program(s)In which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees,and that WMDIEMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION 6: Entitles that ARE sublect to the audit ireamireme is of 2 CFR Part 200 Suboart F Co " fete the Information below and check the appropriate box We completed our last 2 CFR Part 200 Subpart F Audit on[enter date]lightJ�for Fiscal Year ending[enter date] . There were no findings related to federal awards from WMDIEMD. No follow-up action Is required by WMD/EMD as the pass-through entity. A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided electronically to contracts.office0mil.wamov or provide the state auditor report number: lal, Ej C, 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 contracts.officet&-mil.wa.aov or provide the state auditor report number: ❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on (enter date]for Fiscal Year ending renter date]. We will provide electronic copy of the audit report to contracts.officoMmit.wa.aoy 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, t certify that the above information is true and correct and all relevant material findings contained In audit reportlstatement have been disclosed. Additionally, I understand this Form Is to be submitted very fi al yeUwhIcntity a subreciplent of federal award funds from the Department until the grant agreement is I s Signature of Authorize Chief Finan I Officer: &Date, r Print Name&Title: WMD Forth 1009-13,61192013,Updated 219201& EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insuranoe.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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers` Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT (Continued) 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 insurance: 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant'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 Consultant 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 Consultant'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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant 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 insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. DATE(MMIDDIYYYY) ACOZlz CERTIFICATE OF LIABILITY INSURANCE 03/18/2016 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Scott Hubert State Farm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 E Main St, Suite 140 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Auburn, WA 98002 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:State Farm Fire and Casualty Company 25143 25143 Sarah Kathryn Miller 610 H St NE INSURERB: Auburn Wa 98002 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIDD LIMITS A GENERAL LIABILITY 98-CB-P968-6 02/12/2016 02/12/2017 EACH OCCURRENCE S 2,000,000 X X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S CLAIMSMADE OCCUR MEDEXP(Any oneperson) $ 5,000 PERSONAL BADVINJURY S 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENL AGGREGATE UNIT APPLIES PEP, PRODUCTS-COMP,OPAGG $ 4,000,000 X1 POLICY ECOT- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Pew) HIRED AUTOS BODILY INJURY S ( NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F7 CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S N yes,descrlbe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I$ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 220 Fourth Ave S DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Kent Wa 98 032 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Amy Duprie on behalf of SCOTT HUBERT 47-2778 e registration notices Indicate ownership ot the marks Dy their respective owners c 132849 03-13-2007 All rights reserved IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Policy No. 98—CB—P968-6 Page 1 of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4786 ADDITIONAL INSURED—OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98—CB—P968-6 Named Insured: SARAH KATHRYN MILLER 610 H ST NE AUBURN, WA 98002-4388 Name And Address Of Additional Insured Person Or Organization: CITY OF KENT 220 4TH AVE S KENT WA 98032-5895 1. SECTION II — WHO IS AN INSURED of b. Products-Completed Operations SECTION II — LIABILITY is amended to in- "Your work" performed for that additional clude, as an additional insured, any person insured and included in the "products- or organization shown in the Schedule, but completed operations hazard". only with respect to liability for "bodily in- 2_ Any insurance provided to the additional in- jury", "property damage", or "personal and sured shall only apply with respect to a claim advertising injury" caused, in whole or in made or a "suit" brought for damages for part, by: which you are provided coverage. a. Ongoing Operations 3. Primary Insurance. The insurance afforded the additional insured shall be primary insur- (1) Your acts or omissions; or once. Any insurance carried by the additional insured shall be noncontributory with respect (2) The acts or omissions of those acting to coverage provided by you. on your behalf; There will be no refund of premium in the event in the performance of your ongoing opera- this endorsement is cancelled. tions for that additional insured; or All other policy provisions apply. CMP-4786 1006104 137713.1 10-23-2013 ®,Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.