HomeMy WebLinkAboutFI17-088 - Original - S.K. Miller Consulting - Emergency Management Performance Grant Monitoring Services - 01/01/2017 r%lecords MaIrla" ' eMOM,,
,ENT 711
Document
CONTRACT CONTRACT COVER SKEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office.. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: S.K. Miller Consulting
Vendor Dumber: 1251611
JD Edwards dumber
Contract Number: P I I -1 - o<�
This is assigned by City Clerk's Office
Project Name: Monitoring Services - Emergency Mana ement Performance Grant
Description: [I Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract
❑ Other:
Contract Effective Date: January 1, 2017 Termination Date: December 31, 2017
Contract Renewal Notice (Days): 30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Robert Goehring Department: Finance
Contract Amount: 1 00
Approval Authority: (CIRC'L.E ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id etc.):
The City is required to perform grant monitoring activities designed to ensure grant wwww
requirements are met. The City does not have the prerequisite knowledge or expertise to
perform the monitoring activities for these awards. S.K.„ Miller Consulting has agreed to
perform these activities on behalf of the City.
As of, 08/27/14
Goehring, Robert
From: Rolcik-Wilcox, Cheryl
Sent: Thursday, January 05, 2017 8:29 AM
To: Goehring, Robert
Cc: BeMiller, Aaron; Brubaker, Tom; Brennecke, Lavina
Subject: RE: Draft Consultant Services Agreement (SK Miller Consulting) - EMPG Award
Monitoring Services
Hi Robert—I took a peek at this and it looks good. Feel free to move forward with the next steps you have listed below!
Cheryl x5771
From: Goehring, Robert.
Sent: Wednesday, January 04, 2017 4:13 PM',
To: Rolcik-W lcox, Cheryl
Cc: BeMiller, Aaron; Brubaker,Tom; Brennecke, Lavina
Subject: FW: Draft Consultant Services Agreement (SK Miller Consulting) - EMPG Award Monitoring Services
T will also need to switch out Exhibit B Grant Agreement with the fully executed Grant
Agreement (awaiting signature by 'u'd'A Military Dept)
Robert A. Goehring, C'FE, CPA, City Auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Mrect Line 253-856-5262 1 Fax 253-856-6255
RGophring a@KentWA.Qov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook YouTube
PLEASE CONSIDER THE ENVIRONMENT EErORE PRINTING TI°1I E-VIAIL
From: Goehring, Robert
Sent: Wednesday, January 04, 2017 4:10 PM
To: Roicik-Wilcox, Cheryl
Cc: BeMiller, Aaron; Brubaker, Tom; Brennecke, Lavina
Subject: Graft Consultant Services Agreement (SK Millen Consulting) - EMPG Award Monitoring Services
Cheryl,
Please see attached draft Consultalint Services Agreement for Law's review and approval.
Background:
Federal grant requirements (and the City's MCU with the RFA) requires that the City perform site
visits to ensure that the RFA is complying with the terms and conditions of the Grant
Agreement. SK Miller Consulting has provided these services last year and, previously, these
services were performed by the City of Auburn via an ILA (Auburn discontinued this
service). The owner of SK Miller Consulting actually performed these services for Auburn as a
(then) employee of the City.
Discussion:
t
1. The proposed CSA provides for a maximum payment of $1,500 for these
services. Accordingly, Director-level approval only required
2. The terms and conditions of the CSA are very similar to the 2016 CSA (see attached)
EXCEPT:
• New Grant Agreement (E17-136 v. E16-108)
• Frequency of site visit reports based on the timing of grant reimbursement request
rather than on a fixed quarterly basis
3. Chris Hills advised via e-mail that the insurance requirements are the same as last year
(Exhibit C)
Next Steps:
1. Please advise via responding e-mail your review and approval of the attached draft CSA
(Word version also attached).
2. Subsequent to Law's final review and approval, I will provide the attached in draft to the
consultant for review. The consultant already reviewed a previous version and we
collaboratively worked to improve the provisions regarding timing of site visits.
3. Subsequent to execution of the MOU with the RFA, I will provide two original contracts to
the consultant for review and signature.
4. Subsequent to receipt of the signed contracts and "evidence of insurance"*, I will provide
both originals to Aaron for review and approval
5. Subsequent to full execution, I will provide one of the originals (with the related Contract
Cover Sheet and Law's approval e-mail) 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
Consultant.
6. Finance will create a purchase order for the full amount of the contract
7. I will provide appropriate notification to the RFA (preliminary notification provided in
December)
* I will provide the "evidence of insurance" to Chris Hill's for review and approval. Last
month I provided the consultant with the 2016 CSA "evidence of insurance" documents
for use in updating for 2017.
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
RGoehrinc�'la KentWA.Gov
CITY OF KENT, WASHINGTON
KentWA.gov Facebook T^jitter YouTube
PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
2
Goehring, Robert
From: Hills, Chris
Sent; Tuesday, December 13, 2016 5:04 PM
To: Goehring, Robert
Subject: Re: Consultant Services Agreement - Monitoring of Kent RFA EMPG Grant (S.K. Miller
Consulting)
Same insurance requirements, Robert.
Chris
Sent from my iPho,ne
> On Dec 13, 2016, at 4:20 PM, Goehring, Robert <RGoehrinq@kentwa.gov> wrote:
• Hi Chris,
• Finance will be executing another annual CSA with SK Miller Consulting for EMPG Grant
Monitoring Services. The terms and conditions are substantially the same as last year's
agreement (potential increase in $1,500 maximum fee).
> Please advise regarding insurance requirements. I have attached the following:
> Draft CSA (Cover Agreement Only)
> CSA Exhibit C - Insurance (2016 Agreement) [sorry I don't have thiis in Word]
> I have also attached the Certificate of Insurance and Additional Insured Policy from last year.
Please advise if these are the same documents you would need for the current proposed
contract,
> Thank you
* Robert A. Goehring, CFE, CPA, City Auditor Audit J Finance
* 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5262 1 Fax
* 253-856-6255 RGoeh ring@ KentWA.Gov<ma il'to:RGoehiri ng @Ke.ntWA.Gov>
• CITY OF KENT, WASHINGTON
• KentWA,gov<htti):/Zke,ntwa.-gov/>
• Facebook<http://facebook.comZcityofkent>
• Twitter<http://twitter.com/cityofkent>
• YouTube<http:llwww.youtube..comlkenttv2l>
• PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
• <Draft CSA (E17-136).pdf>
• <CSA Exhibit C - Insurance.pdf>
• <Certificate of Insurance (2016).pdf>
• <Additionial Insured Policy (2016).pdf>
� ' MDYYYYIM" CERTIFICATE TE F LIABILITY INSURANCE CE 017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A. CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate'holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
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DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Kent ACCORDANCE WITH THE POLICY PROVISIONS.
220 4th Ave S
AUTIIOR12E REPRESENTAT1 E
Kent Wa +38032 A °
d 198 2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks f ACORD
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Policy No. 98-CB-P968-6 Page1 of I
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CMP-4786 ADDITIONAL INSURED—OWNERS, LESSEES, OR CONTRACTORS
(Scheduled)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 98-CB-P968-6
Named Insured:
SARAH KATHRYN MILLER
610 H ST NE
AUBURN, WA 98002-4388
Name And Address Of Additional Insured Person Or Organization:
CITY OF KENT
220 4TH AVE S
KENT WA 98032-5895
1. SECTION II — WHO IS AN INSURED of b. Products-Completed Operations
SECTION II — LIABILITY is amended to in- "Your work" performed for that additional
clude, as an additional insured, any person insured and included in the "products-
or organization shown in the Schedule, but completed operations hazard".
only with respect to liability for "bodily in- 2. Any insurance provided to the additional in-
jury", "property damage", or "personal and sured shall only apply with respect to a claim
advertising injury" caused, in whole or in made or a "suit" brought for damages for
part, by: which you are provided coverage.
a. Ongoing Operations 3. Primary Insurance. The insurance afforded
the additional insured shall be primary insur-
(1) Your acts or omissions; or ance. Any insurance carried by the additional
insured shall be noncontributory with respect
(2) The acts or omissions of those acting to coverage provided by you.
on your behalf; There will be no refund of premium in the event
in the performance of your ongoing opera- this endorsement is cancelled.
tions for that additional insured;or All other policy provisions apply.
CMP-4786 1006104 137713.1 10-23-2013
m,Copyright,State Farm Mutual Automobile Insurance Company,2008
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001108)
a
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
S.K. Miller Consulting
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and S.K. Miller Consulting organized under the laws of the State of Washington,
located and doing business at 610 H Street Northeast, Auburn, WA 98002 (253) 293-5781 (hereinafter
the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant will perform subrecipient monitoring services as identified Exhibit A with
respect to the City's Emergency Management Performance Grant (hereafter "EMPG),
identified as Grant Agreement No. E17-136 which is attached as Exhibit B, both Exhibits
which are incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I and provide the monitoring reports to the City by forty-five (45) days each
time after the Kent Fire Department Regional Fire Authority (to be renamed the Puget Sound Regional Fire
Authority on January 1, 2017) has submitted a reimbursement request to the Washington State Military
Department under Grant Agreement No. E17-136, effective January 1, 2017.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$1,500, plus applicable Washington State sales tax, for the services described in this
Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
B. The Consultant shall submit a written invoice to the City for the cost of the services
provided pursuant to this Agreement after each related monitoring report for the Grant
Agreement has been provided to the City. The City shall provide payment within forty-five
(45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it
shall notify the Consultant and reserves the option to only pay that portion of the invoice
not in dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
CONSULTANT SERVICES AGREEMENT- 1
($20,000 or Less)
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant's services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant's possession pertaining to this project, which may be used by the City without restriction. If
the City's use of Consultant's records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
CONSULTANT SERVICES AGREEMENT - 2
($20,000 or Less)
A
1
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent
of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act.
The City's use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
CONSULTANT SERVICES AGREEMENT- 3
($20,000 or Less)
t
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
CONSULTANT SERVICES AGREEMENT- 4
($20,000 or Less)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONSULTANT: CIT OF le"IN T:
By: By.
(signature) (sign re)
Print'ka4e: 'SO4-JqY K— dd4e— Print Name: Aaron BeMiller
Its: buwk-4 Its: Firnce Director
(title)
DATE: r i r --- DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Sarah K. Miller Robert Goehring, City Auditor
S.K. Miller Consulting City of Kent
610 H Street Northeast 220 Fourth Avenue South
Auburn, WA 98002 Kent, WA 98032
(253) 293-5781 (telephone) (253) 856-5262 (telephone)
(facsimile) 6255 (facsimile)
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CONSULTANT SERVICES AGREEMENT - 5
($20,000 or Less)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The followings questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4, During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities,
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above,
By:
For: M I C-0 P3'5(-LL--P AJ-C,
Title: LI`A I-e
Date: l c r-7
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date) between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
v
l
EXHIBIT A
CONSULTANT SERVICES AGREEMENT
Scope of Work and Price Proposal
EMPG Grant Agreement Number E17-136
Consultant Services Agreement
EMPG E17-136
M
December 27, 2016
Robert A. Goehring
City Auditor
City of Kent
220 Fourth Ave. S
Dent, WA 98032
RE: Scope of Work and Price Proposal -- EMPG Grant Subreci ient Monitoring
Mr. Goehring,
I'm pleased to submit this Scope of Work and Price Proposal pursuant to your
request for an EMPG grant subrecipient monitor.
My company proposes to do the following
• Provide a qualified subject matter expert with previous experience as both an
EMPG Administrator and an EMPG Subrecipient Monitor.
• Conduct grant monitoring of entities that the City of Kent passes EMPG
monies through to.
• Verify that grant activities conform to laws, rules, and procedures that are
specific to the EMPG grant program. This will be done through:
• Review of performance reports
a Monitoring and documentation of completed agreement deliverables,
to include review of exercise after-action reports, training records,
funded event reports, purchases, personnel expenditures, and other
performance items listed in the grant agreement
• Review of documentation required to address all of the above,
including e-mails, documented phone calls, invoices, training and
exercise rosters, etc.
• On-site visits as necessary to view equipment and other items that
cannot be provided electronically.
• Provide monitoring services no more than four (4) and not less than two (2)
times per EMPG grant cycle, to coincide with established EMPG reporting
requirements.
• Create a report for each monitoring period, to be delivered to the City of
Kent, which details whether or not grant provisions have been met. Please
note that specific recommendations related to the monitoring findings will not
be made. If deficiencies are found, they will be specifically noted, however no
corrective action recommendations will be made.
I I P a g e
For these services, my company will charge a flat fee of $1500 for each EMPG
grant cycle, to be paid in two equal installments over the course of the
subrecipient monitoring agreement. This fee is inclusive of all vehicle use,
mileage, tolls, office space, supplies, and any other costs that may be associated
with carrying out the activities specified above.
Thank you for the opportunity to submit this proposal. If you have any
questions, please contact me via e-mail at sarah(cbskmillerconsultingcorn or via
phone at 253-293-5781.
Sincerely,
rah�KMWiller
Principal
2 1 P a g e
EXHIBIT B
CONSULTANT SERVICES AGREEMENT
Grant Agreement
EMPG Grant Agreement Number E17-136
Consultant Services Agreement
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 N�umber:
Kent,City of $70,466 E17-136
Office of Emergency Management
24611 1 161h Avenue SE
Kent WA 980304939
4, Subrecipient Contact, phone/email: 5. Grant Agreement Start Date" 6. Grant Agreement End Date:
Jennifer Keizer,253-866-4342 June 1,2016 August 31,2017
Idkeizet2heal&g.gov
7. Department Contact,phone/email: 8. Data Universal Numbering System (DUNS): 9. UBJ#(state revenue):
Tirzah Kincheloe,253-612-7456
tIrzah.kincheIqft@ffiHaR:M 020253613 173.000-002
10. Funding Authority:
Washington State Milita!l 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-20 1 S-EP-00002-SO1 0811012016 97.042(16EMPG)
14. Total Federal Amount M 15 Program Index#&OBJ/SU B-OBJ: 1_6TI N:
$7,254,374 763PT NZ 91-6001254
17. Service Districts: 18. Service Area by County( 19. Women/Minority-Owned', State
(BY LEGISLATIVE DISTRICT): 11,33,47 Kin Count Certified?: X N/A El NO
g y
(BY CONGRESSIONAL DISTRICT): 8,9 0 YES,OMWBE#
20. Agreement Classification 21. Contract Type(check all that apply):
r"11 Personal Services 11 Client Services X Public/Local Gov't 13 contract X Grant X Agreement
13 Research/Development 0 A/E C1 Other 13 Intergovernmental (RCW39.34) El interagency
22. Subrecipient Selection Process: 23, Subrecipient Type(check all that apply)
X 'To all who apply&qualify" n Competitive Bidding 0 Private Organization/individual 13 For-Profit
11 Sole Source 0 A/E RCW El NIA X Public Organization/Jurisdiction 0 Non-Profit
0 FlIedw/OFM? 0 Advertised? []YES ONO 0 CONTRACTOR X SUBRECIPIENT 0 OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the FY 2016 Emergency Management Performance Grant(16EMPG) Is to provide U.S. Department of Homeland
Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with
emergency management programs to assist In preparing for all hazards through sustainment and enhancement of those programs
as described In the Work Plan.
The Department Is the Recipient and,Pass-through Entity of the 16EMPG Award EMS-2016-EP-00002-S0I,which Is Incorporated in
and attached hereto as Attachment#1, and has made a subaward of Federal award funds to the Sub�recipient 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 Subreciplent acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have,executed this Agreement as of the date below.
This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C),,
Timeline(Exhibit D); Budget(Exhibit E);and all other documents, exhibits and attachments expressly referenced and incorporated herein
contain all the 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
WHEREAS,the parties hereto have executed:this 2Agryeem nt;t Pe day and TH year last specified below.
FOR THE DEPArREN7° FOR CIPIENT:
X
Signature Date Situ Date
Richard A.Woodruff, Contracts Officer uz C e, Mayor
Washington State Military Department I I
BOILERPLATE APPROVED AS TO FORM, Signature Date
Signature on File(9/6/2016) Jim Schneider, Fire Chief
Brian E. Buchho1z,Assistant Attorney General AP S,M
Appikant's Legal Review Dat
Form 05/12/2015 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 Keizer Name Tirzah Kincheloe
Title OEM Specialist Title Pro ram Coordinator
E-Mail Ld keIzerRkenbyA.2ov E-Mail tirzah.kincheloe@mll.wa.gov
Phone 253-856-4342 Phone 253-512-7456
Name Jim Schneider Name Sierra Wardell
Title Fire Chief Title Section Supervisor
E-Mail i-ischneide[@kgnffirerfa.org E-Mail slerra.wardel,l@!j�l.wa. ov
Phone 263-866-4311
Phone 253-512-7121
Name ' John Madson Name Dalton Gamboa
Title Division Chief-Emergency Management Title Program Assistant
E-Mail jmadson@kentfirerfa.oLq E-Mail daltonmamboaaMU&I&O—V
Phone 253-8564316 Phone 253-512-7044
ARTICLE 11. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 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-00002-501, 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 DHSIFEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS &CONTRACTS BY SUBIRECIPIENT
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 16EMPG funds, including but not limited to those contained
in 2 CFR 200.
ii, The Subrecipient shall require its su:brecipient 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, El 7-136
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 20116 Emergency
Management Performance Grant (EMPG)" document, the DHS Award Letter for
Grant No, EMS-2016-EP-00002-S01 in Attachment#1, and the federal regulations
commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all
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 all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount,
C. If the Subrecipient chooses to include indirect costs within, the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(o, if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs, The Subrecipient's actual indirect cost rate may vary from the approved
rate, but must not exceed the indirect cost rate percentage identified in the Budget(Exhibit
E), If a Subrecipient chooses to charge the 10%de minimis rate, but did not charge indirect
costs to previous subawards, a request for approval to charge indirect costs must be
submitted to, the Department Key Personnel for approval with an explanation for the
change.
d. For travel costs, 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:1/wwwr.9sa,Cjov, 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. o 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-EMPG-FFY 16 Page 3 of 33 Kent, City of, E 17-136
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.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the Department within 45 days after
the Grant Agreement End Date, except as otherwise authorized by written amendment of
this Agreement and issued by the Department.
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subreciplent makes,a subaward and is invoiced by the vendor,
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers 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.
rn. Subrecipients shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose. The Subrecipient may be required to demonstrate
and document that a reduction in non-federal resources occurred for reasons other than
the receipt or expected receipt of federal funds.
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 EMPG 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 0MB 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 hftp://mil.wa.gov/emergengy
management-division/g rants/re qaired grantforms, 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.
OHS-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
j, 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 hftp://www.fema._qov/authorized-
eguipment-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,
S. 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
https://www.fema.gov/office-environmenta,l:pIanning-and-historic-preservation; FP 108-023-1
Environmental Planning and Historic Preservation Policy Guidance at
hftp://www,fema.gov/media-libra[y/assets/documents/85376; and FP 108.24.4 Environmental
Planning: and Historical Preservation Policy at https:/Aovww.fema.gov/media-
librar,vjassets/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, E17-136
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 colmipleted and approval received by the Subreciplient 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, A.10,
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 whiich the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a, The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this,Agreement,federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the 2 CFR Part 200 Subpart F Audit
Certification Form located at hftp://mil.wa.,gov/emecQengy-man,agement-
d"ivision/grants/Mguiredgiranfforms 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, E 17-136
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. 217'55-21768,
(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 hftps://www.dhs.gov/guidance-published-help-
department-supported-organizations-pEovide-meaningfu�l-access-geople-limited and
additional resources on ttp://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 Subreciplent 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 DFIS/FEMA, which is provided to
assist state, local, and tribal governments enhance and sustain alkhazards 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 WAC
118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
DHS-FEMA-EMPG,-FFY 16 Page 8 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 1S
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 B
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security(DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "Agreement" means this Grant Agreement.
b. "Department" means the Washington State Military Department, as a state agency, any division,
section,office, unit or other entity of the Department,or any of the officers or other officials lawfully
representing that Department, The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a subrecipient
under this Agreement.
C. "Subrecipient"when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of"subreciplenf' is the same as in 2 CFR 200.93
for all other purposes,
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance With all state and federal laws, rules, regulations, authorities and
policies.
f. "Investment' means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant
application is hereby Incorporated into this Agreement by reference.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or In anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336 42 UZ.Q, 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,
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from
participating in this Agreement by any federal department or agency.
The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at httr�;//mil.wa.povlemergency management
DHS-FEMA-EMPG-FFY 16 Page 10 of 33 Kent, City of, E17-136
division/grants/re guiredgranfforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180, The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement), that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount, With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (bttp://www.sam.gov maintained by the federal government, The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(http://www.lni.wa,govfTradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). 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
(hft2://www.des.wa.gov/services`/ContractingPurchasinig/Business/PaciesNenidor-Debarment.asox),
X7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING:
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid' by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included In the award
documents for all subawairds 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,
DH,S-FEMA-EMPG-FFY 16 Page 11 of 33 Kent, City 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 I l 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 specked in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subreciplent 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. 7401-7671q)and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10) Procurement of recovered materials-- As required by 2 CFR 200.322, a non-Federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
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 specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
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 parry 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 Subreciplent.
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 ail 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 Subreciplent 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
$750,000 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 Subrecipient's fiscal year(s)to the address listed above.
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
The Subrecipient shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F,the Subrecipient's failure to comply with said audit requirements may result
in one or more of the following actions in the Department's sole discretion:a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F;the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents
of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to
be,an officer or employee of the Department by reason of this Agreement,nor will the Subrecipient make
any claim, demand, or application to or for any right or privilege applicable to an officer or employee of
the Department or of the State of Washington by reason of this Agreement, including, but not limited to,
Workmen's Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the state of Washington in their own right and not by reason of this Agreement.
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 Subrecipient. Upon
notice of termination for convenience, the Department reserves the right to suspend all or part of the
Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations
of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by
law. The rights and remedies of the Department provided for in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
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 specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in
relation to this Agreement except as may be necessary for completion of such portion of the work
under the Agreement as is not terminated;
DHS-FEMA-EMPG-FFY 16 Page 19 of 33 Kent,City of,E17-136
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 fumished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the Department
in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the Subrecipient
and in which the Department has or may acquire an interest.
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
M ment anfzation Otyof Kent-office of Emergency Man ement(OE
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
capabilities that must be conducted in order to remain eligible for EMPG funding,inducing but not limited to the ability to communicate and warn,
educate the public,train and exercise,plan,and be NIMS compliant. The Work Plan delineates the Emergency Management Organizatian's emergency
management program planning and priority focus for this grant cycle(to include 25EMPG grant and local funds).
Pro 8m.._.._..____
List orgaabWanaiaWams rhat wX he funded by EMPG:
Satellite phones uniform logo attire Small tools/Equipment
Copier Lease Punch Kit Lease far copier Professional development
Office supplies Ink cartrtdges I Computer software
NAeeting refreshments Printing fees - --_ i Emergency food,water(MHEs,comfort kits)
Communiltv Outreach/Public Education
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
I CERT-Deliver FEMA courses and refresher Continual classes being offered each yearto LargerCERT community.
training to the City of Kent~Covington,Kent RFA, develop new volunteers and past graduates for a -CERT graduates take further continuing
and the Kent/Covington Schools. better prepared community. education training with Kent OEM to become
volunteers in other areas.(Kern communications
Team,ECC volunteer,Message Center Volunteer,
etc.).
The end result is that the community will be
more resilient and better prepared to respond to
disasters.
2 Conduct spe-dalized CERT classes,as requested, To successfully educate our community in all A more resilient community prepared for and able
or local businesses,neighborhoods,and schools. :aspects of disaster preparedness so that they can to respond to a disaster.
help mitigate loss and help ourcwmmuntty,rebuild'
after a disaster.
3 Participation in multiple community everts Focus is on emergency preparedness by youth Youth more interested in preparedness and have
throughout the year.(Cornucopia Days,Covington and having then take an interest In disaster the knowledge how to prepare for and respond
Days,National Night Out,Kids Safety Day, i preparedness,knowing what to do,and how to durtng a disaster.
You/Me/We,and multipleschoai events) ;prepare for disasters.
Proinm Area ti2'tion Su`._._-_ w _ ..
Kent CommunicapportTeam(
WORK PLANNED WHYTHE WORK IS BEING DONE !RESULT OF THE WORK
I Purchmequipment(laptops,radios and This has beenano ongoing mectforthe) rig gp j past ..Me 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 tofinish the outfit of
the van.
2 Host and support Field Day,which Is a nationwlde 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. Abetter
communications.This Is a 2-day event which is understanding of and finding gaps for
conducted in the field and relies on emergency communications while reiyhhg on emergency
power. power.
3 Develop procedures and fminings for new To ensure KCST competency and increase More robust and competent Kent
volunteer HAM Radio operators. recruitment of HAM Radio operators. Communications Support Team which Is able to
supportthe Kent ECC,as well as,offer regional
support during events or disasters.
DHS-FEMA-EMPG-FFY 16 Page 21 of 33 Kent,City of, E17-136
Progmm;Area,#3
Exercises/Traini
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1 Participate In the design,conduct,and evaluation To continue to enhance our capabilities through Successful participation,completed AARs,and for
of at least three exercises during the performance testing,exercises,and tranings. everyone to be able to better respond to an
period. incident/event.
z Itest systems(electronics,displays,forms,etc.)on To find,correct,and enhance any Issues that may ECCthat is up to date with electronics,forms,
a rotating basis-continuation of monthly ECC in arise from these tests in order to fully maximize displays,etc.so that we can operate efficiently in
service days. ECC capabilities, a disaster.
Send City Staff/Fire Staff/Volunteers to career To increase Job skills and knowledge in Emergency Higher trained staff&volunteers who are better
development workshops,seminars,and training. Management functions able to respond to an incident/event.
�m Area f14
Operational Capabilities .
WORK PIAI�INED WHY THE WORK IS BEING DONE RESULT OF THE WORK.
z -Continue to identify enhancements in Drills,exercises and activations have Identified a :Greater communication and functionality to
functionality and c pabilityfor 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
Z Acquire radio equipment for ECC communication To improve cache of emergency 6ommunl6ation increased ability to communicate during a
capability equipment by updating equipment which is disaster.
currently out of date or reaching its end of life
and acquiring additional items as needed..
a Develop and train volunteers to support multiple To have a fully trained volunteer team to assist Ability to 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 WWAC recovery efforts.
118.04
4 Acquire equipment to Improve operational Events and activations highlighted the need for A full functioning staging area that Is able to
readiness(generator,light stands,canopies,etc.) operational items to assist with on-scene respond to and eventfincfdent.
for an outdoor staging area. activities(especially those conducted at night or
in low-light situations).
Pro amFlrgaAS
Public information and WarnInK
_
WORK PLANNED W14Y THE WORK I5 BE1IKiG DONE RESLitT C1F THE WORK
z 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.
2 Create documents and print materials,signs,etc. increase citizen awareness of hazards and how to The community and City staff are better prepared
for information and education purposes. respond. to respond to an emergency or event.
DHS-FEMA-EMP'G-FFY 16 Page 22 of 33 Kent, City of, E17-13B
�Pro�rtiAnsil6. _ _...
LEPC(local Ema en Planrttr�Commlttaa
WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK
1-Maintain City of Kenes Tier 11 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 11 reporting,which Is required under Sera Title 111, community provide situational awareness,leading
County and Statewide LEPCs. EPCRA Section 312. to better planning for response to a hazmat
-Continued EPCRA lEmergency Planning and spill/event.
Community Right to Know Act)compliance with
database tracking for Tier II 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 !need updating.Also,EPCRA Section 303 and RCW lead to abetter response from local HazMat
Response Plan)and support LEPC/HazMat/Facility:118-40 require updates to emergency response teams,HazMat facilities,and staff to an
drills and exercises In cooperation with the South j plans so that they can be used effectively during event/disaster.
King County Fire Tralning Consortlwn 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.
DNS-FEMA-EMPG-FFY 16 Page 24 of 33 Kent,City of,E17-136
Exhibit E
BUDGET
FFY 2018 Emergency Management Performance Grant Program
16EMPG AWARDI $ 70,466.00
SOLUTION
AREA CATEGORY EMPG AMOUNT MATCH AMOUNT
� ,, a ii�rruoi»��ryr.c�✓ro��ro id,��rr,r�ii���.�;ia ii,,rr�,�,u,„�o�orr,,,oiv//r,�„�//i,.�/�"u70�?rrrU����r�ay��r��r,rrom�orLl✓ r ica,<,., �eami,cr„ll� ra,�it�„a����Jivra.
Salaries & Benefits
Overtime./Backfi 11 'rl
. _ __
Consultants/Contractors $ -
Z Goods &Services $ l $ -
Travel/Per DiemCL
$ -
Subtotal $ - a $ -
i
Z Salaries &Benefits $ ;;R 70,466
Gverti me/Ba ckfi l l $ 5,000
r7,
Consultants/Contractors $ � $
Goods &Services $ 32,200 $
Travel/Per Diem $ $
CJ Subtotal $ 37,200 $ 70,466
Salaries & Benefits $ % $ -
uj Overtime/Backfil1 $ $ -
Consultants/Contractors $ - 1;
c'- Goods &Services $ $
vu
Travel/Per Diem $
Subtotal $
Salaries & Benefits
Overt!me/BackfN 11 $ -
Z Consultants/Contractors $ 5,000 $
-
Travel/PerServices Diem $ 3,766
Subtotal $ 8,766 a $Q. i
Equipment $ 24,500 $ -
c�7 Subtotal $ 24,500
Salaries, &Benefits $ - $
Over
' t $ $
CConsultants/Contractors - -
CZ
Goods &Services $ $ -
Travel/Per Diem $ - $
5ubtota 1 $ - $
Indirect XX%
TOTAL Grant Agr2ement AMOUNT: $ 70,466 70,4616
• The Subreciplent will provide a match of$70,466, 50% of the total project cost(local/tribal budget plus EMPG award),
of non-federal origin,
a 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: US. Department of Homeland Security- Pl#763PT—EMPG
DHS-FEMA-EMPG-FFY 16 Page 25 of 33 Kent, City of, Ell-136
.t
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 Federa I funds awarded to you,you must establish acceptance of the award_By
accepting this award,you ackrtowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles(attached to this Award Letter)
• Obligating Document(attached to this Award Letter)
• FY 2016 Emergency Management Performance Grants Notice of Fuming 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 httpsl/portal_fema.gov_
Step 2:After logging in,you will see the Home page with a Pending 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 b=
www.sam.aov.
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.IONIENTZ TRISLER
DHS-FEMA-EMPG-FFY 16 Page 26 of 33 Kent,City of,E17-136
Agreement Arttetes
u W 01 00:OD.00 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 II I 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 Trefflcldng 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,Title VI)
Article XVI Hotel and Motel Fire Safety Act of 1990
Article XVII Fly America Act of 1974
Article XVI II Best Practices for Collection and Use of Personally
Identifiable Information(PI I)
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= Acknowledgment of Federal Funding from OHS
Article XXIII 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 XXVI I 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 XXXIII 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 DHS Seal,Logo and Flags
All 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 OHS agency officials,including use of the United States Coast Guard seal, logo, crests
or reproductions of flags or likenesses of Coast Guard officials.
Article 11-USA Patriot Act of 2M
All recipients must comply with requirements of the Uriitino and Stren tg tnrng America by Provickng ApQaZgriate Tools
ftulmd to lntercent and Obstruct Terrorism Act(USA PATRIOT Actl.which amends 18 U.S.C.sections175175c
Article III-Universal Identifier and System of Award Management(SAKI)
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 any 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 United States will,solely by reason of the
handicap,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
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
Trafflcktfig Victims Protection Act of 2000, (TVPA)as amended(22 U.S.C.section 71041.The award term is located at 2 CFR
section 175.15,the full text of which is incorporated hereby reference in the terms and conditions of your award.
Article V[I-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 SAFECOM 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 Writs Disposal Act. as amended by the Resource Conservation
Recovery Act.The requirements of Section 6002 include procuring only items designated In guidelines of the Environmental
Protection Agency(EPA)at 40 Q.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 Bavh-Dole Act.Pub. L No.96-517, as amended,and codified
In 35 U.S.C.section 200 at 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 X11-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 X111-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 Prohibitions
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 any
Federal action concerning the award or renewal.
Article XV-Limited English Proficiency(Civil Rights Act of 1964,Title VI)
DHS-FEMA-EMPG-FFY 16 Page 29 of 33 Kent,City of, El7-136
All recipients must comply with the Title Vl 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 DHS Recipient Guidance htto:/Avww.dhs.gov/
guidance-published-helg�21partment-sug�d-organizations-provide-meenincrful-access-}aople-limited and additional
resources on httpWwww.lep.aov.
Article XVI-Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C.section 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 Preverifian and Control Act of 1974,as amended,15 U.S.C.
section 2225.
Article XVII-Fly America Act of 1974
All recipients must comply with Preference for U.S.Flag Air Carriers:(air carriers holding certificates under 49 U.S.C.
section 41102)for international air transportation of people and property to the extern that such service is available, in
accordance with the international Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.section 40118)and
the interpretative guidelines issued by the Comptroller General of the United States in the March 31,1981,amendment to
Comptroller General Decision B-138942.
Article XVIII-Best Practices for Collection and Use of Personally Identifiable Information(PII)
DHS defines personally identifiable information(PII)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. Ail recipients who collect Pll are
required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they
collect.Award recipients may also find as a useful resource the DHS Privacy Impact Assessments:privacy Guidance and
Privacy tern Ig 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(idle 42 U.S.Code.section 6101 e#
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 DNS
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)GV-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.
Article XXV-False Claims Act and Program Fraud Civil Remedies
DHS-FEMA-EMPG-FFY 16 Page 30 of 33 Kent,City of, Ell-136
'S
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 XXXII-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
eeLM.),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 coded at 6 C.F.R. and 44 C.F.R. Part 19
Article XXVIII-Dupilcatlon of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R.Part 200,Subpart E may not be charged to other
Federal awards to overcome fund deficiencies,to avoid restrictions Imposed by Federal statutes,regulations,or terms and
conditions of the Federal awards,or for other reasons.However,this prohibition would not preclude 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 19866(Al 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
Mrs 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 1088
All recipients must comply with Title VIII of the Civil Rights Actof 1968 which prohibits recipients from discriminating in
the sale,rental,financing,and advertising of dwellings,or in the provision of services in connection therewith, on the basis
of race,color, national origin,religion,disability,familial status,and sex(42 U.S.C.section 3601 et seq.),as Implemented
by the Department of Housing and Urban Development at 24 C.F.R.Part 100,The prohibition an 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 100.201).
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 1964G4(42 U.S.0 section 2000d et sea.),
which provides that no person in the United States will,on the grounds of race,color, or national origin, be excluded from
participation in, be denied the benefits of,or be subjected to discrimination under any program or activity receiving Federal
financial assistance.DHS implementing regulations for the Act are found at 6 C.F. R.,Part 21 and 44 C.F.R. Part 7.
Article XXXN-DHS Speciflc Acknowtedgements and Assurances
All 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,E17-136
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 DHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply with all other special reporting,data collection,and evaluation requirements, as prescribed by law
or detailed in program guidance.
5. If, during the past three years,the recipient has been accused of discrimination on the grounds of race,color,national
origin(including limited English proficiency),sex,age,disability,religion,or familial status,the recipient must provide a list
of all such proceedings, pending or completed,Including outcome and copies of settlement agreements to the DHS financial
assistance office and the DHS Office of Civil Rights and Civil Liberties(CRCL)by e-mail at crcIGhq.dhs_ggy or by mall 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 reciplent,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-Construotion
Programs or OMB Standard Form 424[2 Assurances-Construction Pmgrams 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
DHS at 2 C.F.R.Part 3002.
Article XXXVI-Whistieblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section
2409.41 U.S.C.4712,and 10 U.S.C.section 232A 41 U.S.Q.sections 4304 and¢30.
Article XXXVII-National Environmental Policy Act
All recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on
Environmental Quality(CEO)Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients 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 Nlatters Pertaining to Fatth-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
DHS. 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
Obligating Document for Atvart9,fAaaendment
1a.AGREEMENT NO. 2, 3. RECIPIENT NO. 4.TYPE OF 5. CONTROL.NO.
EMS-2016-EP-00002-SO1 AMENDMEN1916001095G ACTION FY2016R10EMPG
NO. AWARD
k*k
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,SW.,Room 723
Department 245 Murray Lane-Building 410,SW Washington DC',20472
Building 20 Washington DC,20 5 2 8-7000
Camp Murray,WA,98430- POQ 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:Askesid@dhs,gov
11.EFFECTIVE DATE OF 12. 13,ASSISTANCE ARRANGEMENT 14 PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement From: To:
10/01/2015 OF 10/01'/2015 09/30/2017
PAYMENT Budget Period
PARS 10/01/2015 09/30/2017
15,DESCRIPTION OF ACTION
a,(Indicate funding data for awards or Financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOT.1Iti'T CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT
ACRONYM XXXX X X-)CC=- AWARD TIES AWARD
-X - XXX-X ACTION
+OR(-)
Emergency 97,042 2016-EM-DIll-R107- $0.00 $7,254,374,00 $7,254,3700 See Totals
Management 4101-D
Performance.
Grants
TOTALS SO.00 S7,254,374.00 S7 254,374.00 S7,254,374.00
b.To describe chifunding
._._.._ ..__ -__..., . m. ..._.._.. .
nges other than fund ing data or financial changes,attach schedule and check here.
N/A
16 a.FOP,NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN TI-1R.1JE(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 PENFOLD, Wed Aug 10 OA3:17 GMT
2016
DH S-FEMIA-EMPG-1^FY 16 Page 33 of 33 Kent, City of, Ell-136
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions can reverse side before com letin is farm,
NAME OF ORGANIZATION DATE SUBMITTED
City of Kent- Office of Emergency Management 1
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant E17-136
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE1TERM 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
�1NAG-1,\VOLIWOME KARENM....1v MIGNAUTH Revised 3103
Washington Military Department Contract Number:
Debarment, Suspension, Ineligibility or Voluntary Exclusion Cerdfication 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*
Kent,WA 98030 170-000-002 91-6001254
This certification Is submitted as part of a regLuest 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 terms 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 Signatur Date:
Print Name and Title: J adson - Division Chief
Form W-9 Request for Taxpayer Give Form to the
(Rev.December2rea) Identification Number and Certification requester,send to the IRS.
Do not
Int�emal R�eventnire S ene N
1 Name(as shown on your Income tax return).Name Is required on this tine;do not leave this line blank
City of Kent•Office of Emergency Management
N 2 Business name/disregarded entity name,if different from above
m
m
m
a 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codas apply only to
❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation Partnership Certain ions an not individuals;see
m rp ❑ p ❑TrusUestate Instructions on page 3):
o single-member LLC Exempt payee coda(if any)
❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P-partnership)►
o Note.For a single-member LLC that is disregarded,do not check LLC:check the appropriate box in the line above for Exemption from FATCA reporting
the tax classification of the single-member owner. code Of arty)
a- ❑0ther(see Instructions)► Nworosroacmuncs�+u;uareeaysaomeu.sl
n
5 Address(number,street,and apt.or suite no.) Requester's name and address(optional)
u
24611 116th Ave SE
m 8 City,state,and ZIP code
m Kent,WA 98030
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(Sag).However,fora -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 1 - 610 0 1 z 5 4
• 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(if 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 withhclding
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(IRA),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 I signature of
Here US.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.Us.gov/fw9.
Use Form W-9 only if you are a U.S.person(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?an 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
Identification number(EIN),to report on an information return the amount paid to 1.Certify that the TIN you are giving is correct(or you are waiting for a number
you,or other amount reportable on an information return.Examples of information to be issued),
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 I099-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
•Form 1099-8(stock 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 11199-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231 X Fort W-9(Rev.12-2014)
_ FFA,TA FORM
Subrecipient Agency: Citv of Pent - Office of Emergencv Mannernent
Grant and Year: EMPG 2016 Agreement Number, E17-136
Completed Jennifer Keizer EM Specialist 253-856-4 42
y
Name � Title Telephone
_..
Date Completed: 11/29/17
/ r/
YES STOP, no further NO
Is your grant agreement less than $25,0007 analysis needed, GO to Step 2
GO to Step 6
In your preceding fiscal year, did your YES NO STOP, no further
organization receive 60% or more of its annual ElGO to STEP 0 Fv_(1
analysis needed, GO to
gross revenues from federal funding? Step 6
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? 1:1Step 6
/
/ r
i
Goes the public have access to information about YES STOP„ no further NO
the total compensation*of senior executives in analysis needed, I GO to STEP 5
your organization? GO to step 6
r
I
/
/
/
Executive#1 Name:
Total Compensation amount: $
Executive#2
Total Compensation amount: $1
Executive#3 Name: --
Total Compensation amount: $
Executive#4 Name:
Total Compensation amount: $
Execrative#5
Name:
Total Compensation amount: $
111,
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If your organization does not meet these criteria, specificallly 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:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb`/open
http://www.hrsa.gov/qrants/ffata.html
http://www.gpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.a!ov/
Page 1 of 3
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations
Contact Information
Subrecipient Name(Agency,Local Government, or Organization):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 subrecipients 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 subreciplent subject to such monitoring by MIIJEMD 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 1g not subject to these requirements,you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed,you must sign, date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this
completed Audit Certification Form may result in delay of grant agreement processing,withholding of federal awards or disallowance of costs,
and suspension or termination of federal awards.
SECTION A. Entities NOT sqtLect to the audit Mgatjr_e_ments of 2 CPR Part 200 Subpart F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply):
[I We did not expend$750,000 or more of total federal awards during the fiscal year,
El We are a for-profit agency.
El We are exempt for other reasons(describe):
However,by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in
which we participate,that we are required to maintain records,of federal funding and to provide access to such records by federal and state
agencies and their designees,and that WMDYEMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
SECTION B. EnlffUes that ARE surbiect to Lhg augif recruire men ts 2f g CFR Part 200 Subpart
Cori p ete the information below and check the appropriate box)
)k We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter dQZDk�;:�- There We completed
no findings related to federal awards from WMDIEMD. No follow-u action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,Is
el electronically to contracts.office(iii),mill.wamov or provide the state auditor report number:
_T6 t= I— -
El We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] There
were findings related to federal awards.
A complete copy of the audit report,which i:ncludles exceptions,corrective action plan and management response,is either
provided electronically to contracts.officeamil.wa.gov or provide the state auditor report number:
El 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.offiee@mll.wa.gov at that time or
2rovide the state auditor report number,
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the
above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed.
Additionally, I understand this Form is to be submitted v fiscal ear f whi h this e ' is a subrecIplent of federal award
funds from the Department until the grant agreement is o
Signature of Authoriz n . I Officer: ate:
Print Name & Title: i2LZ_nilt�
WIVID Form 1009-13 811 912 01 3,Updated 919f2015
EXHIBIT C
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant 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 Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
EXHIBIT C (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.