HomeMy WebLinkAboutFI17-039 - Original - Puget Sound Regional Fire Authority - Emergency Management Performance Grant Award (E17-136) - 06/01/2016 rd s m
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CONTRACT COVER SHEET
This is to be completed by the Contract. Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Kent Fire Department RFA aka Puget Sound Regional Fire Authority
Vendor Number: N/A
JD Edwards Number
Contract Number: FT)�
This is assigned by City Clerk's Office
Project Name: Emergency Management Performance Grant Award E17-136
Description: ❑ Interlocal Agreement ❑ Change Order 0 Amendment 0 Contract
❑ Other: Memorandum of Understanding
Contract Effective Date: .Tune 1, 2016 Termination Date: August 31, 2017
. 25 0 9-
Contract Renewal Notice (Days): _30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Robert Goehring Department: Finance
Contract Amount: N A
Approval Authority: (CIRCLE LINE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax; id, etc.):
This MOU establishes the requirements governing the Kent Fire Department RFA's
administration of the EMPG Award (E17-136), including ensuring adherence to the terms
and conditions of the Grant Agreement and other federal grant requirements. Part I
Section 9 Amendments of the previous year MOU (E16-108) provides that the MOU may
be amended in recognition of EMPG grant agreements accepted by the City, and that
these amendments wWi..11..be routed to the Mayor Fire Chief for approval and d t'. nd do not
require approval by either the Kent City Council or the Kent Fire Department RFA
Governance Board. The current MOU, which car�talrus tf—at same provision, was provided
to the Operations Committee as an Information Only Item on January 17, 2017.
A5 of: 08/27/14
4
l
HOMELAND SECURITY AWARD
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBER E17-136
This Memorandum of Understanding (MOU), entered into this day of , between
the City of Kent, a Washington municipal corporation (hereinafter the "City") and the Kent
Fire Department Regional Fire Authority (to be renamed the Puget Sound Regional Fire
Authority on January 1, 2017), hereinafter the "RFA", a Washington municipal corporation
formed in accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant
("EMPG") funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public
Law 113-76, as amended by Post-Katrina Emergency Management Reforms Act of
2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762,
Section 662, Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake
Hazards Reduction Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended
by Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, Title 42 U.S.0 5121, as amended by National Flood Insurance Act of 1968, Public
Law 90-448, Title 42 U.S.0 4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for
Federal Awards aka the Common Grant Rule (2 CFR Part 200), Chapter 39.34 RCW,
and/or by the Constitution and the enabling laws of the State of Washington; NOW
THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
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EMPG E17-136
a
INDEX To MOU
SECTION I - GENERAL CONDITIONS ........................................................................................................
A. Scope Of MOU..........................................................................................................................1
B. Scope Of Project.......................................................................................................................1
C. Purpose And Primary Objective ..................................................................................................1
D. Commencement And Termination Of MOU ...................................................................................2
E. Administration .........................................................................................................................2
F. Compensation And Method Of Payment.......................................................................................2
G. Eligible Costs...........................................................................................................................3
H. Operating Budget.....................................................................................................................3
I. Amendments ...........................................................................................................................3
J. Assignment And Subcontracting .................................................................................................4
K. Hold Harmless And Indemnification.............................................................................................4
L. Project Close-Out.....................................................................................................................4
M. Insurance................................................................................................................................5
N. Conflict Of Interest...................................................................................................................5
O. Suspension And Termination Of MOU..........................................................................................5
SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS.......................................................
A. Subawards And Contracts By Subrecipient...................................................................................6
B. Reimbursement And Budget Requirements..................................................................................6
C. Reporting Requirements............................................................................................................6
D. Equipment And Supply Management...........................................................................................7
E. Environmental and Historical Preservation ...................................................................................7
F. Procurement............................................................................................................................7
G. Subrecipient Monitoring.............................................................................................................7
H. Limited English Proficiency (Civil Rights Act Of 1964 Title VI).........................................................7
I. NIMS Compliance.................................................................................................................... 7
J. EMPG Program Specific Requirements.........................................................................................7
K. DHS Terms And Conditions........................................................................................................7
L. EMPG Work Plan.......................................................................................................................7
M. Public Information ....................................................................................................................8
N. Other Federal And State Requirements .......................................................................................8
0. Local Requirements..................................................................................................................8
SECTION III - MONITORING AND REPORTING REQUIREMENTS ...................................................................
A. Monitoring...............................................................................................................................8
B. Fiscal Reporting Responsibilities.................................................................................................9
C. Audits.....................................................................................................................................9
SECTION IV — RECORDKEEPING REQUIREMENTS ......................................................................................
A. Program Records and Inspections............................................................................................. 10
B. Financial Records ................................................................................................................... 10
C. Records Of Program Operations, Management And Evaluation...................................................... 11
D. Procurement Records.............................................................................................................. 11
E. Nondiscrimination And Equal-Opportunity Records ..................................................................... 11
F. Conflict Of Interest................................................................................................................. 11
G. Verification Of Subcontractor's Eligibility.................................................................................... 12
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SECTION I - GENERAL CONDITIONS
A. SCOPE OF MOU
The agreement between the parties shall consist of this MOU and its signature
page; the recitals page; the general conditions and any special conditions; the
federal, state and local program requirements; the monitoring and reporting
requirements; the recordkeeping requirements; each and every project exhibit,
appendix, and attachment incorporated into the MOU; all matters and laws
incorporated by reference herein; and any written amendments made according to
the general conditions. This MOU supersedes any and all former agreements
applicable to projects attached as Exhibits to this MOU.
B. SCOPE OF PROJECT
The RFA shall use the funds provided herein only to perform the activities
authorized by this MOU and as set forth in the Washington State Military
Department Grant Agreement No. E17-136 (Grant Agreement), which is attached
as Exhibit A and incorporated by this reference. This MOU may be amended in
writing from time to time, in accordance with the general conditions, for the
purpose of adding new projects, amending the scope of work, or for any other
lawful purpose.
C. PURPOSE AND PRIMARY OBJECTIVE
The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of
Homeland Security (DHS) Emergency Management Performance Grant (EMPG)
funds to local jurisdictions and tribes with emergency management programs to
support and enhance those programs as described in the 16EMPG Work Plan
(Exhibit C of the Grant Agreement).
Pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resulting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit C Office of Emergency Management of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to the Grant Agreement to the RFA.
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EMPG E17-136
D. COMMENCEMENT AND TERMINATION OF MOU
This MOU will commence on June 1, 2016 and will terminate on August 31, 2017,
unless otherwise extended in writing through an amendment to the Grant
Agreement. No work on a project funded by this MOU shall occur prior to June 1,
2016. The RFA shall take all necessary precautions and shall be responsible for the
safety of its employees, agents, and subcontractors in the performance of the
contract work and shall utilize all protection necessary for that purpose. Costs
incurred prior to start date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU shall immediately
terminate without risk or liability to the City and without obligation to disburse
funds or to reimburse RFA any funds expended in anticipation of funding
availability. All work shall be done at RFA's own risk, and RFA shall be responsible
for all losses associated with services provided before the City issues its written
notice to proceed. All acts consistent with the authority of the MOU and prior to the
date of the MOU's execution are hereby ratified and affirmed, and the terms of this
MOU shall be deemed to have applied.
E. ADMINISTRATION
1. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit B,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the
A-19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established
through the Grant Agreement.
2. The RFA shall provide ten (10) days written notice to the City of any changes
in program personnel as established through this MOU and Article I Key
Personnel of the Grant Agreement.
F. COMPENSATION AND METHOD OF PAYMENT
1. The City shall reimburse the RFA only for eligible costs allowed pursuant to,
and in an amount not to exceed the amount specified, in the Grant Agreement,
and according to the procedures developed by the City of Kent.
Reimbursement shall be based on the A-19 Invoice Form, and completed
Reimbursement Spreadsheet, which shall be submitted to the Military
Department by the RFA's authorized representative.
2. The RFA shall submit an A-19 Invoice Form and completed reimbursement no
later than the due dates listed within the Timeline (Exhibit D of the Grant
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{
Agreement), but not more frequently than monthly. The City reserves the
right to demand and recover reimbursements made for ineligible costs.
G. ELIGIBLE COSTS
1. All costs incurred must be reasonable and of a nature which clearly relate to
the specific purposes and end product of the Grant Agreement under which the
services are being performed. Care must be taken by all concerned in
incurring costs to assure that expenditures conform to these general standards
and the following criteria for eligibility of costs.
2. To be eligible for reimbursement, costs must:
(a) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget.
(b) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the Agency.
(c) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein.
(d) Not be allowable under or included as costs of any other federal, state,
local or other agency-financed programs in either prior or current
periods.
(e) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
(f) Be fully documented.
H. OPERATING BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit E Budget of the Grant Agreement.
I. AMENDMENTS
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
Subsequent to the execution of this MOU, it may be amended in recognition of
EMPG grant agreements accepted by the City. These amendments, if any, will be
routed to the Mayor and Fire Chief for approval and do not require approval by
either the Kent City Council or the Kent Fire Department Regional Fire Authority
Governance Board.
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t
J. ASSIGNMENT AND SUBCONTRACTING
1. The RFA shall not assign any portion of this MOU without the written consent
of the City, and it is further agreed that said consent must be sought by the
RFA not less than fifteen (15) days prior to the date of any proposed
assignment.
2. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
K. HOLD HARMLESS AND INDEMNIFICATION
1. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
exception or other financial loss is the result of the City's negligence or failure
to comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
2. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, and
causes of action of any kind or character, including the cost of defense thereof,
arising in favor of any person(s), including RFA's employees or third parties on
account of personal injuries, death, or damage to property arising out of
services performed or omissions of services or in any way resulting from the
acts or omissions of the RFA and/or its agents, employees, volunteers,
subcontractors, or representatives under this MOU.
3. The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, and
causes of action of any kind or character, including the cost of defense thereof,
arising in favor of any person(s), including City's employees or third parties on
account of personal injuries, death, or damage to property arising out of
services performed or omissions of services or in any way resulting from the
acts or omissions of the City and/or its agents, employees, volunteers,
subcontractors, or representatives under this MOU.
L. PROJECT CLOSE-OUT
The RFA acknowledges and agrees that the amounts set forth in the Grant
Agreement shall be used only to reimburse the RFA for eligible costs incurred by the
RFA during the period set forth in said Grant Agreement and that upon expiration of
such period, or upon earlier termination pursuant to this MOU, the RFA shall have
no interest in any said amount which is not required to reimburse the Agency for
eligible costs incurred before such expiration or earlier termination.
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EMPG E17-136
M. INSURANCE
The RFA shall maintain insurance in the types and amounts set forth in Exhibit C,
which is attached and incorporated by this reference.
N. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of
the City or the RFA who exercises any functions or responsibilities in connection
with the planning and carrying out of the City EMPG program or the RFA's
project, or any other person who exercises any functions or responsibilities in
connection with the City's Finance Department, shall have any personal financial
interest, direct or indirect, in the MOU, and the City and RFA shall take
appropriate steps to assure compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
The Contractor covenants that no person who presently
exercises any functions or responsibilities in connection with the
City EMPG program has any personal financial interest, direct or
indirect, in this MOU. The Contractor further covenants that
he/she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of his/her services hereunder. The
Contractor further covenants that in the performance of this
MOU, no person having any conflict of interest shall be
employed. Any actual or potential conflict of interest on the
part of the Contractor or his/her employees must be disclosed to
the RFA and the City.
O. SUSPENSION AND TERMINATION OF MOU
1. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the
activities or other performance as agreed to herein, the City reserves the right
to withhold all or any part of payment, suspend all or any part of the MOU, or
prohibit the RFA from incurring additional obligations of funds until the City is
satisfied that corrective action has been taken or completed. The option to
withhold funds is, in addition to and not in lieu of, the City's right to terminate
the MOU pursuant to Paragraph (2) of this Subsection 0.
2. Termination of MOU by the City - This MOU is subject to termination upon
thirty (30) days written notice by the City to the Agency in the event that:
(a) The RFA mismanages or makes improper or unlawful use of EMPG
funds;
(b) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
MOU, Kent and RFA 5
EMPG E17-136
5
(c) EMPG funds no longer become available from the federal government or
through the City;
(d) The RFA fails to carry out activities required by this MOU; or
(e) The RFA fails to submit reports or submits incomplete or inaccurate
reports in any material respect.
3. Termination of MOU by the RFA - This MOU is subject to termination upon
thirty (30) days written notice by the RFA to the City in the event that:
(a) The City fails in its commitment under this MOU to provide funding for
services rendered, as herein provided; or
(b) EMPG funds no longer become available from the federal government or
through the City.
4. Unless otherwise terminated pursuant to Paragraphs (2) and (3) of this
Subsection O, this MOU shall terminate on the termination date specified in
Section I Subsection D of the MOU and shall be subject to extension only by
mutual agreement and amendment in accordance with Section I Subsection I
of this MOU.
5. Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the City.
6. In the event termination occurs under Paragraph (2) of this Subsection O, the
RFA shall return to the City all funds that were expended in violation of the
terms of this MOU, if any, including, but not limited to, any unexpended EMPG
funds distributed to the RFA under this MOU, any accounts receivable, or any
assets or interests therein of any type and in any form acquired, leased, or
rehabilitated with EMPG monies.
SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS
A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT
The RFA will comply with all requirements as reflected in Article II Section A -
Subawards And Contracts By Subrecipient of the Grant Agreement.
B. REIMBURSEMENT AND BUDGET REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section A -
Reimbursement And Budget Requirements of the Grant Agreement and Section I
Subsection F Compensation And Method of Payment of the MOU.
C. REPORTING REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section A -
Reporting Requirements of the Grant Agreement and Section I Subsection
F Compensation And Method of Payment of the MOU.
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D. EQUIPMENT AND SUPPLY MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Equipment And Supply Management of the Grant Agreement.
E. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article II Section A -
Environmental And Historical Preservation of the Grant Agreement.
F. PROCUREMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Procurement of the Grant Agreement.
G. SUBRECIPIENT MONITORING
The RFA will comply with all requirements as reflected in Article II Section A -
Subrecipient Monitoring of the Grant Agreement.
H. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The RFA will comply with all requirements as reflected in Article II Section A -
Limited English Proficiency (Civil Rights Act Of 1964 Title VI) of the Grant
Agreement.
I. NIMS COMPLIANCE
The RFA will comply with all requirements as reflected in Article II Section A - NIMS
Compliance of the Grant Agreement.
J. EMPG PROGRAM SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section B - EMPG
Program Specific Requirements of the Grant Agreement.
K. DHS TERMS AND CONDITIONS
The RFA will comply with all requirements as reflected in Article II Section C - DHS
Terms And Conditions of the Grant Agreement.
L. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan
established through Exhibit C 16EMPG Work Plan of the Grant Agreement.
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M. PUBLIC INFORMATION
1. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG program.
2. Pursuant to Exhibit B Part A.23 of the Grant Agreement, the RFA agrees to
submit to the Washington Military Department prior to issuance all advertising
and publicity matters relating to the Grant Agreement wherein the
Department's name is mentioned or language used from which the connection
of the Department's name may, in the Department's judgment, be inferred or
implied. The RFA agrees not to publish or use such advertising and publicity
matters without the prior written consent of the Department.
3. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW,
except to the extent specifically exempted from disclosure therein.
N. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this MOU of any other federal or state requirements,
which apply to the award and expenditure of federal funds made available by this
MOU, is not intended to indicate that those federal or state requirements are not
applicable to RFA activities. The RFA shall comply with all other federal and state
requirements relating to the expenditure of federal funds, including but not limited
to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural
Barrier Act of 1968 (42 U.S.C. § 4151, et seq.).
O. LOCAL REQUIREMENTS
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other
purpose, except as specifically authorized by this MOU.
SECTION III - MONITORING AND REPORTING REQUIREMENTS
A. MONITORING
Article II Administrative And/Or Financial Requirements Section 7 Subrecigient
Monitoring of the Grant Agreement reflects that the Military Department will
monitor the activities of the Sub-grantee from award to close-out.
The RFA understands and agrees that it will be monitored by the City and the
Military Department from time to time to assure compliance with all terms and
conditions of this MOU and all applicable local, state, and federal laws, regulations,
and promulgated policies. Monitoring by the City under this MOU may include, but
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EMPG E17-136
not be limited to on-site inspections by City staff. The City reserves the right to
contract with another local government or other contracting party to perform this
service.
The RFA shall provide to the City a copy of any Military Department monitoring
report no later than thirty (30) days after the issuance of the report to the RFA.
The RFA shall provide to the City its response and corrective action plan for all
areas of concern contained in the monitoring report.
B. FISCAL REPORTING RESPONSIBILITIES
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU. The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City.
C. AUDITS
1. If the RFA expends a total of $750,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal
year, it shall have an independent audit conducted of its financial statement
and conditions, which shall comply with the requirements of generally accepted
auditing standards (GAAS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions;
and the Uniform Administrative Requirements, Cost Principles, And Audit
Requirements for Federal Awards aka the Common Grant Rule (2 CFR Part
200), as amended, and as applicable. Such audits are to be performed by the
Washington State Auditor's Office (SAO).
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or (6) months subsequent to the end of
the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
Management Letter or other correspondence made by the auditor, the RFA
shall provide copies of those communications and the RFA's response and
corrective actions plan.
2. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
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SECTION IV — RECORDKEEPING REQUIREMENTS
A. PROGRAM RECORDS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such
books and records shall be made available to representatives of the City or the
Military Department, or both, for formal inspection and, where necessary, copying.
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein. Be
advised that the listing in this Section is intended only to assist the RFA in
identifying the required records and their respective authorities, and is not all
inclusive.
1. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an
accessible file for at least six (6) years following final payment and closure of
the grant under the Grant Agreement.
2. Contract and Amendments - A complete copy of this MOU and all
amendments thereto and notices there under.
3. Records of City Approvals - Copies of all requests for amendments or
revisions to this MOU and the City's subsequent approval or denial of such
requests as are required under this MOU.
4. Subcontracts and Agreements - Complete copies of all contracts,
subcontracts, and agreements with third parties into which the RFA enters in
the performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
5. Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors.
B. FINANCIAL RECORDS
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances. The records must:
1. Permit comparison of actual outlays with budgeted amounts;
2. Permit reporting of financial data on the accrual basis;
3. Be supported by source documentation;
4. Be independently audited usually annually, but not less frequently than every
two years.
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C. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION
The RFA shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. Principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
4. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements.
D. PROCUREMENT RECORDS
The RFA shall maintain all records of:
1. RFA's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
2. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
3. RFA's procurement procedures utilized and the bases for supplier
selection/contract award, for individual purchases or contracts exceeding the
dollar thresholds established in 2 CFR 200.320 Methods of Procurement To
Be Followed.
E. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS
The RFA shall maintain:
1. A tabulation of all RFA employees classified by race, position, and salary in
the format of the U.S. Equal Employment Opportunity Commission Form
EEO-4.
2. Data identical to that required under A. and B. above for any subcontractor
or agent employed in the performance under this MOU.
3. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations.
4. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
5. Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU.
F. CONFLICT OF INTEREST
1. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
MOU, Kent and RFA 11
EMPG E17-136
interest provisions of Exhibit B Part A.8 of the Grant Agreement and have
acknowledged understanding those provisions.
2. The RFA shall maintain a complete record of all requests for exceptions
submitted under the Grant Agreement.
G. VERIFICATION OF SUBCONTRACTOR's ELIGIBILITY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
IN WITNESS, the parties below execute this Memorandum of
Understanding, which shall become effective on the last date entered below. All
acts consistent with the authority of this Memorandum of Understanding and
prior to its effective date, but no earlier than June 1, 2016, are ratified and
affirmed, and the terms of this Memorandum of Understanding shall be deemed
to have applied.
KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT:
AUTHORITY:
Sign in-blue or black ink only
Ad 4-.Go
.1 nt Na": Suzette Cooke
Print Name: Jim Schneider
Title-" Mayor
Title: Fire Chief DATE: 113,4 17
DATE: 9 *A0 i Z.
APPROVED AS TO FORM:
Kent Law Department
MOU, Kent and RFA 12
EMPG E17-136
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number E17-136
MOU, Kent&RFA
EMPG E17-136
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 $70,466 E17.136
Office of Emergency Management
2464111 61h Avenue SE
Kent,WA 98030-4939
4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer,253-8564342 June 1,2016 August 31,2017
IdikeizardDlIkentwastov
7. Department Contact,phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue):
Tirzah Kincheloe,263-612-7456 020253613 173-000-002
tirzah.kIncheIoe(d)m1I.wa.Aov
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:
EMS-2016-EP-00002-S01 08110/2016 1 97.042(16EMPG)
14. Total Federal Amount #: 15, Program Index#&OBXSUB-OBJ; 16. TIN:
$7,254,374 763PT NZ — 1 91-6001254
17. Service Districts: 18, Service Area by County(ies)� 19, Women/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 11,33,47 Certified?: X NIA 1:1 NO
BY CONGRESSIONAL DISTRICT): 8,9 King County 1 0 YES, OMWBE#
20, Agreement Classification 21. Contract Type(check all that apply),
11 Personal Services 0 Client Services X Public/Local Gov't n Contract X Grant X Agreement
0 Research/Development 0 A/E 11 Other—_ 11 Intergovernmental (RCW39.34) 0 interagency
22, Subrecipient Selection Process: 23. Subrecipient Type(check all that apply)
X 'To all who apply&qualify" El Competitive Bidding 11 Private Organization/Individual 1:1 For-Profit
0 Sole Source 0 AIE RCW Eli N/A X Public Organization/Jurisdiction n Non-Profit
El Filedw/OFM? 11 Advertised? OYES ONO Q_CONTRACTOR X SUBRECIPIENT 0 OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the FY 2016 Emergency Management Performance Grant(16EMIPG) Is to provide U.S. Department of Homeland
Security (DH,S)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist in preparing for ail 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 EMS-2016-E P-00 002-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 all referenced
Exhibits and Attachments which are hereby incorporated in and Made a part hereof,and have executed this Agreement as of the date below.
This Agreement Face Sheet-, Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D); Budget(Exhibit E)4 and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this 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 5. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement Incorporated by reference
be
WHEREAS,the parties hereto have executed this Ag eemi�nt p�oe day and year last specified11,11ow.
FOR THE DEPArRE&: . FORTH.. ECIPIENT:
AM2
Signature Date Date
Richard A Woodruff, Contracts Officer Mayor
Washington State Military Department �Ul� �T*A41%6 I lei Za
BOILERPLATE APPROVED AS TO FORM: Signature Date
Signature an File(9/6/2016) J:im Schneider, Fire Chief
Brian E. Buchholz,Assistant Attorney General AP S MM Is b(D�o
App ants Legal Review 4
Form 05112/2015 MLL
DHS-FEMA-EMPG-FFY 16 Page 1 of 33 Kent, City of, E17-136
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 Tirzah Kincheloe
Title OEM Specialist Title Pr ram Coordinator
E-Mail 1dikeizerAkentwagiov E-Mail tirzah.kinchelo2@mil.wa.gov
Phone 253-856-4342 Phone 263-512-7456
Name Jim Schneider Name Sierra Wardell
Title Fire Chief Title Section Supervisor
E-Mail ischneider(ft2atfirerfai.org E-Mail slerra.wardelf(amil.wa.,gov
Phone 263-8664311 Phone 2513-512-7'121
Name John Madson Name Dalton Gamboa
Title Division Chief—Emergency Management Title Program,Assistant
E-Mail lmadson@kenFfjrerfa,org E-Mail dalton.gamboa2ML.wa.9ov
Phone 253-856-4316 Phone 263-512-7044
ARTICLE It. 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
DHSIFEMA applicable to the 16EMPG Program, including, but not limited to, all criteria, restrictions and
requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal
Year 2016 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant
No. EMS-2016-EP-00002-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 16EMPG 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 161EMPG funds, including but not limited to those contained
in 2 CFR 200.
ii, The Subrecipient shall require its subre!cipient 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-EMPG-FFY 16 Page 2 of 33 Kent, City of, E17-136
DHS/FEMA applicable to the 16EMPG Program, including, but not limited to, all
criteria, restrictions, and requirements of the "Department of Homeland Security
(DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2016 Emergency
Management Performance Grant (EMPG)"' document, the DHS Award Letter for
Grant No. EMS-2016-EP-00002-SO1 in Attachment#11, and the federal regulations
commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
16EMPG 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 alll 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 200A14(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement estab[ishing 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 the Budget(Exhibit
E). If a Subrecipient chooses to charge the 10%de min,imis 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, the Subrecipient 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._qsa..g and
follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by Department Key Personnel,
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted to Reimbursements@mil.wa.q v 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 auditors.
DHS-FEMA-E1V1PG-FFY 16 Page 3 of 33 Kent, City of, E17-136
9. 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.
K All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department,
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
1. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
M. Subrecipien,ts 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.
3. REPORTING REQUIREMENTS
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan activities 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 EIVIPG Exercise and Training requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http://mil.wa.gov/emergengy-
mana.gement-division'grants/rgguiredgrantforms, 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.
DHS-FEMA-EMPG-FFY 16 Page 4 of 33 Kent, City of, E17-136
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward
shall comply with 2 CFR 200.318— 200.326 when procuring any equipment or supplies
under this Agreement,2 CFR 200.313 for management of equipment, and 2 CFR 200,314
for management of supplies, 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. Inventory system records shall include: a description of the property; the
manufacturer's serial number, model number, or other identification number; the
funding source for the equipment, including the Federal Award Identification
Number (FAIN); Catalog 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 supplies as
applicable, and reconcile the results with the property records at least once every
two years. Any differences between quantities determined by the physical
inspection and those shown in the records shall be investigated by the 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 as applicable,
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 or award, the
Subrecipient must comply with the following procedures:
A. Supplies: 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. Equipment: The Subrecipient must dispose of equipment as follows:
DHS-FEMA-EMPG-FFY 16 Page 5 of 33 Kent.City of,E17-136
i. Items of equipment with a current per-unit fair market value,of less than
$5,000 may be retained, sold, or otherwise disposed of by the
Subrecipient with no further obligation to the, awarding agency.
ii. Items of equipment with a current per-unit fair market value of more than
$5,000 may be retained or sold and the Subrecipient shall compensate
the Federal-sponsoring agency for its share.
X Records for equipment shall be retained by the Subrecipient for a period of six years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or
audit is started before the expiration of the six year period, the records shall be
retained by the Subrecipient until all litigation, claims, or audit findings involving the
records have been resolved.
b, The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
C. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http.,//www.fema.gov/authorized-
eguip�ment-list. 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, The Subrecipient is solely responsible for ensuring and documenting
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, the Subrecipient must
contact the Department Key Personnel for assistance in seeking FEMA approval prior to
acquisition.
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 becomes a pass through entity by making a
subaward 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. EHP program information can be found at
hftps:/Iwww.fema.gov/office-environmental-planning-and-historic-preservation; FP 108-023-1
Environmental Planning and Historic Preservation Policy Guidance at
hftp:/Iwww.fema.gov/media-libra[y/assets/documents/85376; and FP 108.24.4 Environmental
Planning and Historical Preservation Policy at httgs://www.fema.gov/media-
libra[ylassets/documents/101537, all of which are incorporated in and made a part of this
Agreement,
a, Projects that have historical impacts or 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 initiation,
Modification of existing buildings, including minimally invasive improvements such as
attaching monitors to walls, and training or exercises occurring outside in, areas not
DHS-FEMA-EMPG-FFY 16 Page 6 of 33 Kent, City of, El 7-136
considered previously disturbed, also require a DHS/FEMA EHP review before project
initiation.
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 and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for projects
started before completion of the EHP review process and receipt of approval by the
Subrecipient 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, AA0.
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 Subreciplient 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 the 2 CFR Part 200 Subpart F Audit
Certification Form located at i http://mil.wa.gov/emeEgency-management-
division/grants/Lequired.grantforms with the signed Agreement and each fiscal year
thereafter until the Agreement is closed, which is incorporated by reference and made a
part of this Agreement.
C. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports
ii, monitoring and documenting the completion of Agreement deliverables
iii, documentation of phone calls, meetings, e-mails and correspondence
iv, review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
v. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi, on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The 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 16 Page 7 of 33 Kent, City of, E17-136
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. The Subrecipient 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 hftpl-//www.dhS.-QOV�/ Lidance-published-help-
degartment-supported-o[ganizations-provide-meaningful-access-people-limited and
additional resources on hftR://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 2016 federal
preparedness funding, to include EMPG, NIMS compliance requirements for 2016 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).
2. A portion of the 16EMPG 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 VAC
11 8-09
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
DHS-FEMA-EMPG-FFY 16 Page 6 of 33 Kent, City of, E17-136
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$70,466 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. In the
final report, the Subrecipient shall identify how the match was met and documented.
5. Exercises that are implemented with EMPG Program funds under this Agreement must meet the
requirements of the 16EMPG Program.
6. All personnel funded in any part through federal award or matching funds under this Agreement
shall:
a. participate in no less than three exercises in a 12-month period. The Subrecipient will report
exercise participation along with the final report.
b. 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 16EMPG Program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 16EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2016-EP-00002-S01,which are incorporated and made a part of this Agreement as Attachment#1.
DHS-FEMA-EMPG-FFY 16 Page 9 of 33 Kent, City of,E17-136
Exhibit 6
Washington State Military Department
GENERAL TERMS, AND CONDITIONS
Department of Homeland Security (DHS)1
Federal Emergency Management Agency (FEMA)
Grants
A.I 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. "Su brecip lent" 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,
cl. "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. Subreciplent shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS 'WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules and regulations.
X6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subreciplent 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 hftp:/Imil.wa.gov/emergengy-manggement-
DHS-FEMA-EMPG-FFY 16 Page 10 of 33 Kent, City of, E17-136
division/grants/Leguiredgranfforms. 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 Subreciplent 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.gav maintained by the federal government, The Subrecipient
also agrees not to enter into any arrangements or contracts with any party an the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(hftp://Www,Ini.wa,gov/TradesLicensing/Prev\Nage/AwardingAgencies/Debarred'Contractors/). 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
(h,ftj2://www.des.wa.gov/services/ContractingPurchasingiBusiness/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 Subreciplent will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into, and is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code.
A.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,
DHS-FEMA-EMPG-FFY 16 Page 11 of 33 Kent, CAy of, El 7-136
(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 II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at$150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
2)All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
DHS-FEMA-EMPG-FFY 16 Page 12 of 33 Kent, City of,E17-136
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.
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.7401-7671 q)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
DHS-FEMA-EMPG-FFY 16 Page 13 of 33 Kent,City of,E17-136
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 speck
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.
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.
DHS-FEMA-EMPG-FFY 16 Page 14 of 33 Kent,City of,E17-136
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:
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 Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(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 16 Page 15 of 33 Kent, City of, E17-136
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
the Department, the state of Washington and the United States government harmless from any and all
causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department's name is mentioned or language used from
which the connection of the Department's name may, in the Department's judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an
endorsement by FEMA or reflect FEMA's views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the 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 from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other
electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts,
subawards, grant administration, and payments, including all direct and indirect charges, and
expenditures in the performance of this Agreement(the"records").
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and
audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their
designees, by the Comptroller General of the United States or its designees, or by other state or
federal officials authorized by law, for the 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
DHS-FEMA-EMPG-FFY 16 Page 16 of 33 Kent, City of, E17-136
this Agreement. Despite the minimum federal retention requirement of three (3) years, the more
stringent State requirement of six(6)years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK 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 the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any sub-contractors also maintain auditable records. The Subrecipient is
responsible for any audit exceptions incurred by its own organization or that of its sub-
contractors. Responses to any unresolved management findings and disallowed or questioned costs
shall be included with the audit report. The Subrecipient must respond to Department requests for
information or corrective action concerning audit issues or findings within 30 days of the date of
request. The Department reserves the right to recover from the Subrecipient all disallowed costs
resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its corrective action plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient's fiscal year(s):
DHS-FEMA-EMPG-FFY 16 Page 17 of 33 Kent,City of,E17-136
Contracts Office
Washington Military Department
Finance Division, Building#1 TA-20
Camp Murray,WA 98430-6032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a letter identifying this Agreement and explaining the criteria for exemption no
later than nine (9) months after the end of the Subreciplent'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.
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 Subrecipient 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 Subreciplent. 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,
DHS-FEMA-EMPG-FFY 16 Page 18 of 33 Kent,City of, E17-136
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".
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 specked, 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;
DH5-FEMA-EMPG-FFY 16 Page 19 of 33 Kent,City of, E17-130
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 Subreciplent
and in which the Department has or may acquire an interest.
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 16 Page 20 of 33 Kent,City of,E17-136
Exhibit C
16EMPG WORK PLAN
Management Organhation Cltyof Kent-Office of Emergency Management(OEM)
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 thefive 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
capabiitties that must be conducted in order to remain eligible for EMPG funding,Including but not limited to the ability to communicate and wam,
educate the public,train and exercise,plan,and be NIMS compliant.The Work Plan delineates the Emergency Management Organlzatiorfs emergency
management program planning and priority focus for this grant cycle(to Include 16EMPG grant and local funds).
ism..
List orgua&atfonal expenses that r will he funded by EMPG:
Satellite phones Uniform logo attire i Small tools/Equipment
Copier lease Punch Kit Lease for copier Professional development
Office supplies Ink cartridges 'Computer software
Meeting refreshments - Printing fees -. Emergency food,water(MREs,comfort Wts)
(PM,02 i Areagf
Community Outreach/Public Education
WORK PLANNED WHY THE WORK IS BEING DONE I RESULT OF THE WORK
1 CERr-Deliver FEMA courses and refresher Continual classes being offered each year to 1-LargerCERTcommunity.
training to the city of Kent;,Covington,Kent RFA, i develop new volunteers and past graduates for a CERT graduates take further continuing
and the Kent/Covington Sdtools. better prepared community. education training with Kent OEM to become
volunteers In other areas.(Kent Communications
Team,ECC volunteer,Message Center Volunteer,
etc.).
-The end result is that the community will be
more resllient and better prepared to respond to
disasters.
2 t onduct specialized CERT classes,as requested, !To successfully educate our community In all ;A more resilient community prepared for and able
for local businesses,neighborhoods,and schools. 1 aspects of disaster preparedness so that they can ;to respond to a disaster.
help mitigate loss and help our community rebuild'
after a disaster.
3 PartldF46 In multiple community events !Focus Is on emergency preparedness by youth Youth more Interested in preparedness and have
throughout the year.(Cornucopia Days,Covington and having them take an interest in disaster :the knowledge how to prepare for and respond
Days,National Night out,Kids Safety Day, preparedness,knowing what to do,and how to during a disaster.
You/Me/We,and multiple school events) prepare for disasters.
m Ar®ait2
Kent Communication Support Team
WORK PLANNED WHYTHE WORK IS BEING DONE !RESULT OF THE WORK
1 Purchase equipment(laptops,radios)and This has been an ongoing project for the past -The mobile communications van will provide
complete installation of wiring,subiloor and :year.Scheduling to get work completed has communication support to the Kent ECC and can
electronic equipment for the radios and taken longer than planned. Focus for the time be used for regional events as well.
computers for the Mobile Communications van. period is completing the installation and
purchasing small equipment to finish the outfit of
the van.
2 Host and support Field Day,which is a n_ationwkle It provides a chance to test generators and Better knowledge of the setup procedures for our
volunteer-based exercise on emergency disaster communications center kits. mobile communications kits. A better
communications.This is a 2-day event which is understanding of and finding gaps for
conducted in the field and relies on emergency communications We relybtg on emergency
power. power.
3 Develop procedures and trainings for new To ensure KCSTcompetency and increase More robust and competent Kent
volunteer HAM Radio operators. recruitment of HAM Radio operators. Communications Support Team which Is ableto
supportthe Kent ECC,as well as,offer regional
support during events or disasters.
f3HS-FEMA-EMPG-FFY 16 Page 21 of 33 Kent,City of,E17-136
Exercises/Training
WORK PLANNED WHY THE WORK IS BEING DONE I RESULTOF THE WORK
1 Partidpate In the design,conduct,and evaluation I To continue to enhance our capabilities through Sucoessful participation,completed AARs,and for
of at least three exercises during the performance testing,exercises,and trainings. everyone to be able to better respond to an
period. incident/event
s Test systems{electrortics,displays,forms,etc.)on'To find,correct,and enhance any Issues that may i ECC that is up to date with electronics,forms,
a rotating basis-continuation of monthly ECC in j arise from these tests In orderto fully maximize displays,etc.so that we can operate efficiently in
service days. ECC capabilities. a disaster.
3 Send City Staff/Rre StaffNolunteers to career To increase job skills and knowledge In Emergency Higher trained staff&volunteers who are better
development workshops,seminars,and training. Man age mentfunctions able to respond to an incfdent/event
Ir11115-m-m Area If4__
Operational Capabilities
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
s -Continue to Identify enhancements in Drills,exercises,and activations have Identified a Greater communication and functionality to
functionality and capability for the Kent ECC and gap in communication sharing and the need for increase situational awareness during an event to
DOCs better situational awareness. the ECC and DOCs
-Provide network communication sharing,
Situational Awareness tracking, and Status board
sharing within the DOCs&ECC
�P mp --e- rg�Y - -
2 uire radio I meet far ECC communication 'To i roe cache of me- communication �—c-
inre-a-sed ability to communicate during a
capability equipment by updating equipment which Is disaster.
currently out of date or reacting its end of life
and acquiring additional items as needed,
3 Develop and train volunteers to support multiple f To have a fully trained volunteer team to assist Aboityto call upon our trained volunteers to assist
functions/processes within the ECC and/or ECC within ECC during preparedness,mitigation,or
disaster preparedness/recovery as per WAC recovery efforts.
118.04
4 Acquire equlpmentto improve operational Events and act-orations highlighted the need for !A full functioning staging area that Is able to
readiness(generator,light stands,canopies,etc.) i operational items to assist with on-scene i respond to and eventrnddent
or an outdoor staging area. I activities(espedally those conducted at night or
in lowafght situations}.
Public Informatlon and WWTft
WORK PLANNED WHY THE WORK IS BEING DONE I RESULT OF THE WORK
I Provide interpretation and translation services To effectively communicate Disaster Disaster Preparedness/Emergency Management
during trainings and exercises,when needed Preparedness/Emergency Management in a materials reaching everyone so that the
community which contains Limited English community will be better prepared.
Proficiency population.
z Create documents and print materials,signs,etc. y Increase citizen awareness of hazards and how to The community and City staff are better prepared
or information and education purposes. respond. to respond to an emergency or event
DHS-FEMA-EMPG-FFY 16 Page 22 of 33 Kent,City of,E17-136
LEPC local Emergency Planning Committee
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1-Malntaln City of Kent's Tier 9 Database Increase situational awareness of areas which Updated information,maps,and contact
-Expand Tier 11 database to be used by external contain hazardous materials while supporting Tier Information regarding Identified chemicals in the
partners such as Zone 3 hazmat providers,King II reporting,which is required under Sara Title III, community provide situational awareness,leading
County and Statewide LEPCs EPCRA Section 312. to better planning for response to a hazmat
-Continued EPCRA(Emergency Planning and spill/event
Community Right to Know Act)compliance with
database tracking for Tier 11 sites for risk
assessment.
2 Update HazMat plans(individual Business i Facility lists and contact Information constantly Completed plans,successful drills,and exercises
Response Plans and the LEPC Emergency I need updating.Also,EPCRA Section 303 and RCW lead to a better response from local HazMat
Response Plan)and support LEPC/HazMat/FacHity�118-40 require updates to emergency response teams,HazMat facilities,and staff to an
drills and exercises in cooperation with the South !plans so that they can be used effectively during event/disaster.
King County Fire Training Consortium chemical incidents.
DHS-FEMA-EMPG-FFY 16 Page 23 of 33 Kent,City of,E17-136
Exhibit D
TIMELINE
IFFY 2016 Emergency Management Performance Grant Program
DATE TASK
June 1, 2016 Grant Agreement Start Date
December 31, 2016 Submit reimbursement request
August 31, 2017 Grant Agreement End Date
October 15, 2017 Submit final reimbursement request, additional reports, and/or
deliverables.
DHS-FEMA-EMPG-FFY 16 Page 24 of 33 Kent,City of,E17-136
Exhibit E
BUDGET
FFY 2016 Emergency Management Performance Grant Program
16EMPG AWARDI $ 70,456.00
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
Salaries &Benefits $ - $ -
0 Overtime/Backfill $ - { $ -
Z Consultants/Contractors $ - $ -
Z t —
Z Goods &Services $ - $
aTravel/Per Diem $ - $
Subtotal $ - $ -
Z Sa I a ri es&Benefi is $ - $ 70,466
F Overtime/Backfill $ 5,000 $ -
S Consultants/Contractors $ - a $ -
Z Goods &Services $ 32,200 $ -
Travel/Per Diem $ - $ -
O Subtota 1 $ 37,200 f- $ 70,466
Salaries & Benefits $ - $ -
Lu Overt!me/Ba ckfi 11 $ 7 $
Consultants/Contractors $ - $ -
W Goods &Services $ - $ -
- $
Travel/Per Diem $ -
Subtotal $
Salaries & Benefits $ - $ -
Overtime/Backfill $ - $ -
Z Consultants/Contractors $ 5,000 i $ -
Z Goods &Services $ - $
Travel/Per Diem $ 3,766 x $ -
Subtotal $ 8,766 $ -
S Equipment $ 24,500 $ -
Cr Subtota 1 $ 24,500 $ -
Salaries&Benefits $ - $ -
Overtime/Backfill $ - $ -
Consultants/Contractors $ - $ -_
Goods &Services
Travel/Per Diem $ - $
Subtota 1 $ - $ -
Indirect XX% $ - $ -
TOTAL Grant Agreement AMOUNT: $ 70,466 <z, $ 70,466
• The Subrecipient will provide a match of$70,466,50% of the total project cost (local/tribal budget plus EMPG award),
of non-federal origin.
• Cumulative transfers to 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#763PT—EMPG
DHS-FEMA-EMPG-FFY 16 Page 25 of 33 Kent, City of, E17-135
Attachment#1
16EMPG Award Document
EMS-2016-EP-00002-S01
Award Letter ,
U.S. Department of Homeland Security
Washington, D.C.20472
Bret Daugherty
Washington Military Department
Building 20
Camp Murray,WA 98430-5122
Re:Grant No.EMS-2016-EP-00002
Dear Bret Daugherty:
Congratulations,on behalf of the Department of Homeland Security,your application for financial assistance submitted under
the Fiscal Year(FY)2016 Emergency Management Performance Grants has been approved in the amount of$7,254,374.00.
As a condition of this award,you are required to contribute a cost match in the amount of$7,254,374.00 of non-Federal funds,
or 50 percent of the total approved project costs of$14,508,748.00.
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)
• Otrllgating Document(attached to this Award Letter)
• FY 2016 Emergency Management Performance Grants Notice of Funding Opportunity.
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 log in to the ND Grants system at https:tlportal.fema.gov.
Step 2:After logging in,you will see the Home page with a Periling Tasks menu.Click on the Pending Tasks menu,select the
Application sub-menu,and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages
that are pending review.
Step 3:Click the Review Award Package icon(wrench)to review the Award Package and accept or decline the award.Please
save or print the Award Package for your records.
System for Award Management(SAM):Grant recipients are to keep all of their information up to date in SAM,in particular,
your organization's name,address,DUNS number, EIN and banking information.Please ensure that the DUNS number used
in SAM Is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided
in the SAM;therefore,it is imperative that the information is correct.The System for Award Management is located at bt!!z!L
www.sam.gov.
If you have any questions or have updated your Information in SAM, please let your Grants Management Specialist(GMS)
know as soon as possible.This will help use to make the necessary updates and avoid any interruptions in the payment
process.
CHRISTINE JONIENTZ TRISLER
DHS-FEMA-EMPG-FFY 16 Page 26 of 33 Kent, City of, E17-136
Agreement Arlides
Thu Cot 0 00: : 0 GMT 2015
U.S. Department of Homeland Security
Washington,D.C. 20472
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT NUMBER: EMS-2016-EP 00002501
TABLE OF CONTENTS
Article I Use of DHS Seal, Logo and Flags
Article II USA Patriot Act of 2001
Article III Universal Identifier and System of Award Management
(SAM)
Article IV Reporting of Matters Related to Recipient Integrity and
Performance
Article V Rehabilitation Act of 1973
Article VI Trafficking Victims Protection Act of 2000
Article VI Terrorist Financing
Article Vill SAFECOM
Article IX Reporting Subawards and Executive Compensation
Article X Procurement of Recovered Materials
Article XI Patents and Intellectual Property Rights
Article XI Notice of Funding Opportunity Requirements
Article XIII Non-supplanting Requirement
Article XIV Lobbying Prohibitions
Article XV Limited English Proficiency(Civil Rights Act of 1964,Tdle VI)
Article XVI Hotel and Motel Fire Safety Act of 1990
Article XVII Fly America Act of 1974
Article XVI I I Best Practices for Collection and Use of Personally
identifiable Information(PII)
Article XIX Americans with Disabilities Act of 1990
Article XX Age Discrimination Act of 1975
DHS-FEMA-EMPG-FFY 16 Page 27 of 33 Kent, City of, E17-136
Article XXI Activities Conducted Abroad
Article XXII Acknowledgment of Federal Funding from OHS
Article XXII I Federal Leadership on Reducing Text Messaging while
Driving
Article XXIV Federal Debt Status
Article XXV False Claims Act and Program Fraud Civil Remedies
Article XXVI Energy Policy and Conservation Act
Article XXVII Education Amendments of 1972(Equal Opportunity in
Education Act)-Title IX
Article XXVIII Duplication of Benefits
Article XXIX Drug-Free Workplace Regulations
Article XXX Debarment and Suspension
Article XXXI Copyright
Article XXXII Civil Rights Act of 1968
Article XXVIII Civil Rights Act of 1964-Title VI
Article XXXIV DHS Specific Acknowledgements and Assurances
Article XXXV Assurances,Administrative Requirements,Cost Principles,
and Audit Requirements
Article XXXVI Whistleblower Protection Act
Article XXXVII National Environmental Policy Act
Article XXXVIII Nondiscrimination in Matters Pertaining to Faith-based
Organizations
Article I-Use of OHS Seal,Logo and Flags
Ail recipients must obtain permission from their financial assistance office, 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 II-USA Patriot Act of 2001
All recipients must comply with requirements of the Unft and Strengthening America by Provictrrg Aonmriate Exit
Ramufn3d to intercept and Obstruct Terrorism Act(USA PATRIOT Aga which amends 18 U.S.C.sect1ons175175c
Article III-Universal ldenttfier and System of Award Management(SAM)
All recipients are required to comply with the requirements set forth in the government wide Award Term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,Appendix A.the full text of which is
incorporated here by reference in the terms and conditions of your award.
Article IV-Reporting of Matters Related to Recipient Integrity and Performance
If the total value of your currently active grants,cooperative agreements,and procurement contracts from all Federal
assistance office exceeds$10,000,000 for arty period of time during the period of performance of this Federal award,you
must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R.Part 200,Appendix XI I.the full text of which is incorporated here by reference in the
terms and conditions of your award.
Article V-Rehabilitation Act of 1973
DHS-FEMA-EMPG-FFY 16 Page 28 of 33 Kent,City of,E17-136
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.section 794 as
amended,which provides that no otherwise qualified handicapped individual in the Unified 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.
Article VI-Trafficking Victims Protection Act of 20M
All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the
Trafficking Victims Protection Act of 2000, (TVPA)as amended(22 U.S.C.section 71041.The award term€s located at 2 CFR
section 175.15.the full text of which is incorporated here by reference in the terms and conditions of your award.
Article VII-Terrorist Financing
All recipients must comply with E.O. 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 Order and laws.
Article VIII-SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and its related
activities must comply with the SAFEQM Guidance for Emergency Communication Grants, Including provisions on technical
standards that ensure and enhance Interoperable communications.
Article IX-Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government wide Award Term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170,Appendix A.the full text of which Is Incorporated here
by reference in the terms and conditions of your award.
Article X-Procurement of Recovered Materials
All recipients must comply with Section 6002 of the Solid Waste OLIpggal 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.
Article XI-Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the i P as amended,and codified
in 35 U.S.C.section 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 located at 37 C.F.R. Part 401 and
the standard patent rights clause located at 37 C.F.R.section 401.14.
Article XII-Notice of Funding Opportunity Requirements
All of the instructions,guidance,limitations,and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this
program are incorporated here by reference in the terms and conditions of your award All recipients must comply with any
such requirements set forth in the program NOFO.
Article XIII-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.
Article XIV-Lobbying ProhlbMons
All recipients must comply with 31 U.S.C.section 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 ary
Federal action concerning the award or renewal.
Article XV-Limited English Proficiency(Civil Rights Act of 1084,Title VI}
DHS-FEMA-EMPG-FFY 16 Page 29 of 33 Kent,City of,Ell-136
All recipients must comply with the Title V1 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. For additional assistance
and information regarding language access obligations,please refer to the OHS Recipient Guidance https:/Avww,dhs.ciov/
guidance-publlshed-help-department suRRgrted-o[ganizations-proy€de-meaningful-access-people-timited and additional
resources on httoWwww.lep.aev.
Article XVI-Hotel and Motel Fire Safety Ad of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 5 U.S.C.g@Aon 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.
section 2225.
Article XMI-Ply America Ad of 1974
All recipients must comply with Preference for U.S.Flag Air Carriers:(air carriers holding certificates under 49 U.S.C.
section 411021 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.section 401181 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 XVIII-Best Practices for Collection and Use of Personally Identifiable Information(PII)
OHS defines personally Identifiable information(Pit)as any information that permits the identity of an individual to be directly
or indirectly inferred,Including any information that is linked or linkable to that individual.All recipients who collect Pit are
required to have a publically-available privacy policy that describes standards on the usage and maintenance of Pit they
collect.Award recipients may also find as a useful resource the OHS Privacy Impact Assessments:Privacy Guidance and
Privacy tern 1p ate respectively.
Article XIX-Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II,and III of the Americans with Disabilities Act,which prohibits
recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation
systems,places of public accommodation,and certain testing entities.(42 U.S.C.sections 12101 12213).
Article XX-Age Discrimination Act of 1976
All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S.Code.section 6101 et
,WJ,which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance
Article XXI-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 XXII-Acknowledgment of Federal Funding from OHS
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 XXIII-Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O.
13513 including conducting initiatives described in Section 3(a)of the Order when on official Government business or when
performing any work for or on behalf of the federal government.
Article X)UV-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.
Artide XXV-False Claims Ad and Program Fraud Civil Remedies
DHS-FEMA-EMPG-FFY 16 Page 30 of 33 Kent, City of,El7-136
All recipients must comply with the requirements of 31 U.S.C. section 3729-3733 which prohibits the submission of false or
fraudulent claims for payment to the Federal Government.See 31 U.S.C.section 3801-3812 which details the administrative
remedies for false claims and statements made.
Article XXVI-Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C.section 6201 which contain policies relating to energy efficiency
that are defined in the state energy conservation plan issued In compliance with this Act.
Article XXVII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. section 1681
et sea.),which provide 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. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
Article XXXIII-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 overcame 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 a recipient form 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 award.
Article XXIX-Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C.section 701 et sea.),which requires 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 XXX-Debarment and Suspension
All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders
12549 and 12689-and 2 C.F.R. Part 180.These regulations restrict awards,subawards,and contracts with certain parties that
are debarred,suspended,or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article XXXI-Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C.sections 401 or 402 and an acknowledgement of
Government sponsorship(including award number)to any work first produced under Federal financial assistance awards.
Article XXXII-Civil Rights Act of 1968
All recipients must comply with Title VII I of the Civil Rims Act of1968.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.section 3601 et sea.), 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.section 100.2011.
Article XXXIII-Civil Rights Act of 1964-Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C.section 2000d et
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.DHS implementing regulations for the Act are found at 6 C.F. R..Part 21 and 44 C.F.R.Part 7.
Article XXXIV-DHS Specific Acknowledgements and Assurances
Ali recipients,sub-recipients,successors,transferees,and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records,accounts,documents, information,facilities,and staff.
DHS-FEMA-EMPG-FFY 16 Page 31 of 33 Kent, City of,Ell-136
1. Recipients must cooperate with any compliance reviews or compliance investigations 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 award 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.
3. Recipients must submit timely, complete,and accurate reports to the appropriate OHS 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,rellgloR or familial status,the recip€ent must provide a list
of all such proceedings, pending or completed,Including outcome and copies of settlement agreements to the DHS financial
assistance office and the DHS Office of Civil Rights and Civil Liberties(CRCL)by e-mail at crc! a.dhs.aov or by mail at U.S.
Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410,Mail Stop#0190 Washington, D.C.
20528.
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
financial assistance office and the CRCL office by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article XXXV-Assurances,Administrative Requirements,Cost Principles,and Audit Requirements
DHS financial assistance recipients must complete either the OMB Standard Form 424E Assurances-Non-Construction
j?,Mgrapns or OMB Standard Form 424D Assurances-Construction EMgfams as applicable. Certain assurances in these
documents may not be applicable to your program,and the DHS financial assistance office may require applicants to certify
additional assurances.Applicants are required to fill out the assurances applicable to their program as instructed by the
awarding agency.Please contact the financial assistance office If you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards located at 2 C.F.R.Part 200,and adopted by
OHS at 2 C.F.R.Part 3002.
Article XXXVI-Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section
240,41 U.S.C.4712.and 10 U.S.C.section 2324. 41 U.S.C.sections 4304 and 4310.
Article XXXVII-National Environmental Policy Act
All recipients must comply with the requirements of the bjgbonal Env€ronmental Policy Act(NEPA)and the Council on
Environmental Quality(CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which requires recip€eats to
use all practicable means within their authority,and consistent with other essential considerations of national policy,to create
and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic,and
other needs of present and future generations of Americans.
Article XXXVIII-Nondiscrimination in Matters Pertaining to Faith-based Organizations
Faith-based organizations are, under 6 C.F.R.Part 19,afforded certain protections as it relates to eligibility to receive financial
assistance from DHS for social service programs,or to participate In social service programs administered or financed by
OHS. Organizations that receive financial assistance from DHS for a social service program or participate in DHS social
service programs have an obligation to comply with the equal treatment policies and requirements contained in 6 C.F.R.Part
19,which,among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis
of religion or religious belief,a refusal to hold a religious belief,or a refusal to attend or participate in a religious practice;
and generally require recipients subject to the rule to provide certain protections,and notice of those protections,to their
beneficiaries. Recipients must also comply with any other policies and procedures regarding the participation of faith-based
organizations contained In applicable statutes, regulations,and guidance governing individual DHS programs.
DHS-FEMA-EMPG-FFY 16 Page 32 of 33 Kent,City of, E17-136
�n _ ...,.._ .... ... _ ..-__._.._._..nw.._.
Obligating Dloeument for Award/Amendment
1a.AGREEMENT NO. 2, 3. RECIPIENT NO, 4.TYPE OF 5. CONTROL NO.
EMS-2016-EP-0000 -SC11 AMENDMEN1916001095G ACTION FY2016!RIOEMPG
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
5122.
9.NAME OF RECIPIENT PHONE NO. 10,NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER 253-512-7121 Central Scheduling and Information Desk
Sierra Wardell Phone:800-368'-6498
Email:Askcsid@dhs.gov
11. EFF"ECTWE DATE OF 12, 13,ASSISTANCE ARRANGEMENT 14,PERFORMANCE PERIOD
TIISACTION METHOD Cost Reimbursement From, To:
10/0112015 OF 10/01/2015 09/3012017
PARYS Budget Period
10/01/2015 09/3012017
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 COMMITMENT
ACRONYM )OM-ham}:-X=M- AWARD THIS AWARD
X .°7C -)CM-OCNOOC X ACTION
+OR(-)
Emergency 97.042 2016-EM-Dll l-RI07- $0.00 57,254,374.00 57,254, 74.00 See Totals
Management 4101-D
Performance
Grants
TOTALS $0.00 S7„254,374.00 $7,254,374.00 $7,254„374.00
Hb.To describe changes other than funding data or financial changes,attach. - and
. schedule an and check here.
NIA
16 a,FOR NON-DISASTER,PROGRAMS,RECIPIENT IS REQUIRED TO SIGN AND RETURN T=E—(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Emergency Management Performance Grants recipients are not required to sign and return copies of this document,however,recipients
should print and keep a copy of this document for their records.
16b,FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
Sierra Wardell,Preparedness Grants Section Program Manager Wed Aug 24 15:24:50 GMT
2016
18,FEMA SIGNATORY OFFICIAL(Name and Title) DATE
KIMBERLY P1NFOLD, Wed.Aug 1017:43:17 GMT
2016
DHS-FEMA-EMPG-'FFY 16 Page 33 of 33 Kent„ City of, E17-136
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
P/ea�se read instructions on reverse side before com leting this form.
NAME OF ORGANIZATION DATE SUBMITTED
City of Kent - Office of Emergency Management 1 -3-17
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant Ell 7-136
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Suzette Cooke Mayor
Jim Schneider Fire Chief
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGNATURE PRINT OR TYPE NAME TITLE
Suzette Cooke Mayor
Jim Schneider Fire Chief
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
Jennifer Keizer EM Specialist
John Madson EM Manager- Division Chief
,,J\NAC-11VOLINHOMF:NI,KrARErN48M,...\WP\SIGNAUTH Revised 3103
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as(DBA)
John Madson Kent Office of Emergency Management
ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax
24611 116th Ave SE or Solicitation#,if any: Identifier(UBI) Identification M.
Kent, WA 98030 170-000-002 91-6001254
This certification Is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terns of this certification, without modification, In order to participate in certain transactions directly or
Indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract,that neither it nor Its
principals is presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Sigr Date: I-e-0910
Print Name and Title: Jnatu adson - Division Chief
Form -9 Request for Taxpayer Give Form to the
(Rev.December2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
IMemal Revenue Service
1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank.
City of Kent-Office of Emergency Management
N 2 Business name/disregarded entity name,if different from above
4)
9
A
a 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
❑IndlvlduaVsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate certain entities,not individuals;see
single-member LLC Instructions on page 3):
❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnershlp)► Exempt payee code Of any)
p Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the Ilne above for Exemption from FATCA reporting
the tax classification of the single-member owner. code Of any)
❑Other(see instructions)► rApou to etwuott rtwMakwd ouWde Me U.S)
!E B Address(number,street,and apt.or suite no.) Requester's name and address(optional)
24611 116th Ave SE
8 City,slate,and ZIP code
Kent,WA 98030
7 Ust account number(s)here(optional)
EMU Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(page However,for a -m -
resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter.
9 i - 6 1 0 1_0 1 1 1 2 M54
• Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(f any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage
Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and
generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign Signature of
Here U.S.Person► Date►
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. .Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such .Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.1rs.gov/fw9.
Use Forth W-9 only if you are a U.S.parson(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information if you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you:
number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
Identification number(EIN),to report on an information return the amount paid to to be issued),
you,or other amount reportable on an information return.Examples of Information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
•Form 1 o99-DIV(dividends,Including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business Is not subject to the
•Form 1099•MISC(various types of Income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected Income,and
•Forth 1099-B(stack or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this forth Of any)Indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-8(proceeds from mat estate transactions) page 2 for further information.
•Forth 1099-K(merchant card and third party network transactions)
Cat.No.10231 X Forth W-9(Rev.12-2014)
FFATA FORM
Suhrecipient Agency: City of Dent - Office of Emergencv Manaqernent
Grant and Year: EMPG 2616 Agreement Number: E17-136
Completed Jennifer Keizer EM Specialist 253-666-4342
by:
Name Title Te/e hone
Date Completed: 11/29/17
,, /,,,,,���/��%/,/iD////l/////l//////,%///�O//lip//„/////,//
YES STOP, no further NO
Is your grant agreement less than $25,000? analysis needed, GO to Step 2
GO to Step 6 Z
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
/0//%%/l�l/���%/G1/,,,////,,/r//i//., ii�i//,,,,,� i
In your preceding fiscal year, did your YES NO STOP, no further
organization receive $25,000,000 or more in GO to STEP 4 analysis needed, GO to
federal funding? LL� Step 6
„ r f ,
Does the public have access to information about YES STOP, no further NO
the total compensation*of senior executives in analysis needed„ GO to STEP 5
your organization? GO to step 6
/ f / /i
�, ,,/� �%%%//����1///////�%%� % 1l
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: $
Y ! I J I / U f J !1 / 1
� l
I � �
J l / 1 11l STEP,' 0 I 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."
Signature: ' Date:
*Total compensation refers to:
o Salary and bonuses
Awards of stock, stock options, and stock appreciation rights
m Other compensation including, but not limited to, severance and termination payments
® Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.-gov/'omb/open
http://www.hrsa.gov/qrants/ffata.html
http://www.qpo.gov/fdsys/okq/FR-2010-09-14/pdf/2010-22705.r)df
http://www.grants.!gov
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
Subreciplent Name(Agency,Local Government,, or Organization):City of Kent, WA
Authorized Chief Financial Officer(central accounting office):Aaron BeMiller
Address:220 Fourth Avenue South Kent, WA 98032
Email: abemiller@kentwa.gov Phone#:253-856-5260
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 subreciplents to ensure federal awards are used for authorized purposes and
verify that subreCiplents 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 subrecipient 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 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.
SECEQIV A. Entities Nor subfect to the audit muirements of 2 CPR Part 200 SOW art F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply):
El We did not expend$750,000 or more of total federal awards during the fiscal year.
We are a for-profit agency.
We are exempt for other reasons(describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations govelming the program(s)in
which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies,and their designees,and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
Sg!2MtJ8: gntftLo Llfflt ARE subJect L9 LhC augfif ireauirernentsgf 2 CER Part 200-Subpart
orriplete the information below and check the appropriate box)
We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter dat There
ere no findings related to federal awards from WMD/EMD, No fi -u action is required by WIVID/EMD as the pass-through entity.
A complete copy of the audit report,which Includes exceptions,corrective action plan and management response,Is
ei L6 �Iectronlcally to contracts.officealmil.wagov or provide the state auditor report number:
_ r!=':T__-
F-1 We completed our last 2 CFR Part 20O 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.office@mili.wa.gov or provide the state auditor report number:
EJ Our completed 2 CFR Part 200 Subpart F Audit will be available on_(enter date)for Fiscal Year ending
-[enter date]. We will provide electronic copy of the audit report to contracts.office@mll.wa.gov at that time or
provide the state auditor regort number:
I hereby certify that I am an individual authorized by the above identified entity to complete this form, Further, I certify that the
above inforTnation Is,true and correct and all relevant material findings contained in audit reporttstatement have been disclosed.
Additionally, I understand this Form is to be submitted v fiscal ear whi h this a * is a subreciplent of federal award
funds from the Department until the grant agreement Is o
Signature of Authori an ' I Officer, ZRr-Vate:
Print Name & Title: 'M )�p
WMD Form 1009.13,&1912013,Updalod 9MI2015
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Number E17-136
The Kent Fire Department Regional Fire Authority appoints the following
person as the liaison for the Memorandum of Understanding between the City
and the Kent Fire Department Regional Fire Authority; this person shall be
responsible for overall administration of the EMPG funded program:
Liaison: Jennifer Keizer Emergency Management Specialist
MOU, Kent&RFA
EMPG E17-136
EXHIBIT C
INSURANCE REQUIREMENTS FOR
EPMG ® AGREEMENT
Insurance
The RFA shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
RFA shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of
not less than $3,000,000 per occurrence and in the aggregate.
Products and Completed Operations coverage shall be provided for
a period of 3 years following Substantial Completion of the work.
The Commercial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
11 85. The City shall be named as an Additional Insured
under the Contactor's Commercial General Liability
insurance policy with respect to the work performed for the
City►. All endorsements adding Additional Insureds shall be
issued on form CG 20 10 11 85 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent& RFA
EMPG E17-136
EXHIBIT C (Continued)
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $3,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The RFA's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the RFA's insurance and
shall not contribute with it.
2. The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured agiainst whom claim is made
or suit is brougiht, except with respects to the limits of the insurer's
liability.
D. RFA's Insurance for Other Losses
The RFA shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
MOU, Kent & RFA
EMPG E17-136
EXHIBIT C (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance appllicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work.
H. Subcontractors,
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent& RFA
EMPG E17-136
REQUEST FOR MAYOR'S SIGNATURE
Please Fill in All Applicable Boxes
KENT
VIA NO-
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Robert Goehring, City Auditor Phone (Originator): 52.62
Date Sent: January 19, 2017 Date Required: January 27, .2.017
Return Signed Document to: CONTRACT TERMINATION DATE: Contract
Robert Goehring covers the period June 1, 2016 through Aug 31,
2017
VENDOR NAME: DATE OF COUNCIL APPROVAL: N/A
Kent Fire Department RFA (to be renamed * The previous year MOU (E16-108) provides that
the Puget Sound RFA effective 1/1/2017) the MOU may be amended in recognition of EMPG
grant agreements accepted by the City, and that
these do not require approval by either City
Council or the RFA Governance Board, The
current M'OU, which contains that same provision,
was provided to the Operations Committee as an
Information Only Item on January 17, 2017.,
Brief Explanation of Document:
On December 13, 2016 the City Council authorized acceptance of a federal Emergency
Management Performance Grant (E17-136) from the Washington Military Department in the
amount of $70,466 for the period June 1, 2016 through August 31, 2017. The purpose of this
grant is to assist with the, enhancement, sustainment and improvement of state, local, and
tribal emergency management programs. Regional fire authorities and fire protection districts
are not eligible to receive these grants directly from the Washington Military Department.
Accordingly, this grant is awarded directly to the City and is then passed-through to the Kent
Fire Department RFX This MOU establishes the requirements governing the Kent Fire Department
RFA's administration of the EMPG Award (E17-136); including ensuring adherence to the terms and
conditions of the Grant Agreement and other federal grant requirements.
RECEJCVgc&ust Be Routed Through The Law Department
(This area to be compieted by the Law Department)
Received: J01 2 0 2017
Approval of Law Dept..
[
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Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration 5V
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Goehring, Robert
From: Brubaker,Tom
Sent: Thursday, January 05, 2017 10:37 AM
To: Goehring, Robert
Cc: Rolcik-Wilcox, Cheryl; BeMiller, Aaron
Subject: Re: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
For what it's worth, "who signs first" is not a big deal with this one. --Tom
Sent from my phone
On Jan 5, 2017, at 10:34 AM, Goehring, Robert<RGoehring@kentwa.gov>wrote:
Will do - "Yes" the Chief should sign first (typically my approach for contracts as well, but I
misspoke below)
Robert A. Goehring, CFE, CPA, City Auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 I Fax 253-856-6255
RGoehrina@ KentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.gov Facebook Tlvitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Rolcik-Wilcox, Cheryl
Sent: Thursday,January 05, 2017 8:50 AM
To: Goehring, Robert
Cc: BeMiller, Aaron; Brubaker,Tom
Subject: RE: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
Hi Robert-
The MOU looks good to go. I made a couple of edits to the memo, but nothing major. If you can get the Fire Chief to
sign before the Mayor,that is always our preference, but if that is not practical,your presumption listed in#3 below is
correct. Let us know if you have questions!
Cheryl Rolcik-Wilcox, Civil Legal Assistant
Civil Division I Office of the City Attorney
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5771 1 Fax 253-856-6770
crolcik-wilcox@KentWA.aov
CITY OF KENT, WASHINGTON
KentWA.g-ov Facebook T%vitt-r YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Goehring, Robert
Sent: Wednesday, January 04, 2017 3:24 PM
To: Rolcik-Wilcox, Cheryl
1
0
Cc: BeMiller, Aaron; Brubaker, Tom
Subject: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
Cheryl,
Please see attached MOU for Law's final review and approval. A previous draft was approved by
Law (and with respect to Insurance, Chris Hills) last month and I have outlined the changes
below. I have also attached the draft Operations Committee Information Only sheet for your
review.
Key Changes:
• Pursuant to Tom's suggestion in response to my question "(to be renamed the Puget
Sound Regional Fire Authority on January 1, 2017)" added to the first paragraph
• Elimination of page Ni" (thanks to your magic the two rows were incorporated into page
"i//
• Pursuant to Tom's suggestion, the "ratification language" was moved out of the footnote
to a separate standalone section near the end of the MOU (modification made by Law)
[see last page]
• Replacement of Exhibit A with the executed Grant Agreement
* The Grant Agreement was signed by the Mayor, the Chief and the City Attorney last
month and was sent to the Military Department (for signature) on January 3,
2017. More than likely the City will not receive the final executed Grant Agreement
until after the package due date for the January 17, 2017 Operations Committee
Meeting. Accordingly, recommend that this document be presented as is as an
attachment to the Information Item sheet.
Next Steps:
1. Please advise via responding e-mail your review and approval of the attached draft
MOU. Also, please advise regarding any suggestions for the Information Only sheet
2. Subsequent to Law's final review and approval, I will provide the attached to the RFA
(earlier draft provided on Dec 16) and advise them regarding Jan 17 Ops
meeting. Presumably, the RFA will do the same and not require approval by the
Governance Board but that is obviously their call.
3. Subsequent to the Jan 17 Ops meeting, I will finalize this MOU and provide two originals
to the Mayor's Office via Law for review and signature. Question: Presumably, after
approval by the Mayor I would provide these documents to the Chief for review
and signature?
4. Subsequent to full execution, I will provide one of the original MOU's (and the related
Contract Cover Sheet) to the City Clerk's Office for filing and recording the to the City's
document imaging system, and will provide the other original to the RFA.
Thanks
Robert A. Goehring, CFE, CPA, City Auditor
Audit I Finance
2
e
Y
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 1 Fax 253-856-6255
RGoehri na @ KentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.gov Facebook Twitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
3
r.
Goehring, Robert
From: Hills, Chris
Sent: Tuesday, December 13, 2016 1:58 PM
To: Goehring, Robert
Subject: RE: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
Fine as is.
Thanks, Robert
...............
From: Goehring, Robert
Sent: Tuesday, December 13, 2016 1:55 PM
To: Hills, Chris
Subject: FW: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
Hi Chris,
Please see below and attached (Exhibit C - Insurance for 2016 MOU) and advise regarding
changes, if any to Exhibit C
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
RGoehr1nq0KentWA.Gov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook Twitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
..........
From: Goehring, Robert
Sent: Tuesday, December 13, 2016 1:54 PM
To: Rolcik-Wilcox, Cheryl
Cc: Brubaker,Tom; BeMiller, Aaron; Brennecke, Lavina
Subject: Draft MOU (City and Kent Fire Dept RFA) - EMPG Award
Cheryl,
Please see attached draft for review and approval by Law. This document is largely a re-write of
the MOU for the 2016 EMPG Award (E16-108) which was executed in March 2016, due primarily
to significant changes in the federal grant requirements governing most awards.
Layout:
• Draft MOU (Word version also attached)
• Exhibit A EMPG Grant Agreement (unsigned, on December 13, 2016 City Council Consent
Agenda)
• Exhibit B Appointment of Liaison (same as 2016 award)
• Draft Exhibit C Insurance Requirements (same as 2016 award, pending review and
approval by Chris Hills)
Overview:
Part 1 Section 9 Amendments of the 2016 MOU states in part (emphasis as indicated),
"Subsequent to the execution of this MOU, it may be amended in recognition of EMPG grant
agreements accepted by the City. These amendments do not require approval by either the
Kent City Council or the Kent Fire Department Regional Fire Authority Governance Board." At
Operations, Finance advised that we would bring this MOU back to Ops if there were "significant
changes" to the terms and conditions of the MOU beyond simple replacement of the Grant
Agreement (Exhibit A).
The grantor agency incorporated "new" federal grant requirements aka Common Grant Rule (2
CFR Part 200) into the 2017 award (E17-136). While there are no substantive changes of
significance between the former and new federal grant requirements with respect to the EMPG
award; the new requirements resulted in a significant re-write of the terms and conditions of the
MOU. Specifically:
• Part II Federal, State and Local Requirements - Substantial re-write to reflect Common
Grant Rule (and Grant Agreement) terminology
• Part III Monitoring and Reporting Requirements - Threshold in federal expenditures for
requiring RFA to provide the City with its Single Audit Report increased from $500,000 to
$750,000
In addition, pursuant to recommendations from Law, I changed the formatting of the MOU from
"Part - Section - Paragraph" to "Section - Subsection - Paragraph". Also, Exhibit A EMPG Grant
Agreement will be replaced with the executed Agreement upon receipt by Finance (going to
Council on Dec 13).
Recommended Next Steps:
Upon review and approval of the draft by Law (and approval of Exhibit C Insurance by Chris
Hills), I will provide the draft MOU to the RFA for consideration. It is unclear at this point
whether the MOU needs to be routed to City Council and to the Governance Board for approval
(see Overview), but it will be presented to Operations.
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
RGoehri na(a)KentW A.Gov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook i artier YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
2
Goehring, Robert
From: Goehring, Robert
Sent: Thursday,January 19, 2017 8:01 AM
To: Ogren,Jane
Cc: Schneider, Jim; BeMiller,Aaron; Brubaker,Tom
Subject: RE: EMPG Grant MOU
Hi Jane,
You are most welcome. I will route the two originals for review and approval by the Mayor, and
will provide you with one of the originals for your records.
Thanks again
Robert A. Goehring, CFE, CPA, City Auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 I Fax 253-856-6255
RGoehringO KentWA.Gov
CITY OF KENT,WASHINGTON
KentWA.gov Facebook Tvvitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
From: Ogren, Jane
Sent: Wednesday, January 18, 2017 8:32 PM
To: Goehring, Robert
Subject: EMPG Grant MOU
Hi Robert,
I wanted to let you know that our RFA Board unanimously approved the EMPG MOU this evening.Thank you so
much for bringing us the MOU this morning and braving the nasty weather!
Thanks,
Jane Ogren, Executive Assistant
Puget Sound Regional Fire Authority I Administration
24611 116`h Avenue SE, Kent,WA 98030
Main 253.856.4300 1 Direct 253.856.4306
Professionally and compassionately helping people.
Visit Us Online
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