HomeMy WebLinkAboutFI18-039 - Original - Puget Sound Regional Fire Authority - Emergency Management Performance Grant Award (E18-099) - 06/01/2017 a /ll / l%tNagy),Records M%
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Puget Sound Regional Fire Authority
Vendor Number: N/A
JD Edwards Number rr
Contract Number: rtv 1g , 031
This is assigned by City Clerk's Office
Project Name: Emergency Management Performance Grant Award (E18-099)
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Other: Memorandum of Understandinq
Contract Effective Date: Junes Termination Date: August 31, 2017
Contract Renewal Notice (Days): 30 days
Number of days required notice for termination or renewal or amendment
Contract Manager: Robert Goehrinq Department: Finance
Contract Amount: N/A
Approval Authority: (CIRCLE ONE) Department Director Mayor/ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This MOU establishes the requirements governing the Kent Fire Department RFA's
administration of the EMLLPG Award (E18-^099), including ensuring adherence to the terms
and mm .. and other federal grant requirements Section I
amendedleindrecon recognition Grant of EMPG us yet r MOU (E17 136 provides that the MOU may be
g g agreements accepted by the City, and that these
amendments will be routed to the Mayor and .Fire Chief for approval and doh require
approval b1111111111-r ,y either the Kent City Council or the Puget Sound Regional Fire Authority
Governance Board. _ .....
.... .... __. _._ .. _... ..._._.._
As of: 08/27/14
REQUEST FOR MAYOR'S SIGNATURE
0 T Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Robert GOehring Phone (Originator): 5262
Date sent: February 1, 2018 Date Required: February 16, 2018
Return Signed Document to: Robert Goehring Contract Termination bate: Aug 311 2018
VENDOR NAME: Date Finance Notified:
Puget Sound Regional Fire Authority (Only contracts N/A
20 000 and
nd o ovee r or on any Grant)
DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:Dec 20 2017
(Reouired on Non-Citydard Contra Stancts/A reements
Has this Document been Spec if'call Account Number:
Authorized in the Budget? YES • NO N/A
____. ......_......_.____...
_
Brief Explanation of Document:
On November 21, 2017 the City Council authorized acceptance of a federal Emergency Management
Performance Grant (E18-099) from the Washington Military Department in the amount of $70,697 for
the period June 1, 2017 through August 31, 2018. The purpose of this grant is to assist with the
enhancement, sustainment and improvement of state, local, and tribal emergency management
programs. Regional fire authorities and fire protection districts are not eligible to receive these grants
directly from the Washington Military Department. Accordingly, this grant is awarded directly to the
City and is then passed-through to the Kent Fire Department RFA. This MOU establishes the
requirements governing the Kent Fire Department RFA's administration of the EMPG Award (E18-099);
including ensuring adherence to the terms and conditions of the Grant Agreement and other federal
grant requirements.
All Contracts Must Be Routed Through The Law Department
Received: (This are o be pleted by the G. artment)
,�'��h�d� fi
Approval of Law Dept,:
Law Dept, Comments:
Date Forwarded to Mayor:_,
Shaded Area a Be Completed By Administration Staff ' ( w
Receivetl,; r p;�..
k3 0 5�zJ18
Recommendations and Comments: I V rZ> .sy y
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t�t( t Mayor
Disposition:
Date Returned:
� e ciunen rmra'mn np CA Ve pw 1. a LC roG.
HOMELAND SECURITY AWARD
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF KENT
AND
PUGET SOUND REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PERFORMANCE GRANT
GRANT AGREEMENT NUMBER E18-099
This Memorandum of Understanding (MOU), entered into this day of , between
the City of Kent, a Washington municipal corporation (hereinafter the "City") and the
Puget Sound Regional Fire Authority, hereinafter the "RFA", a Washington municipal
corporation formed in accordance with Chapter 52.26 RCW.
RECITALS
WHEREAS, the City is an applicant for Emergency Management Performance Grant
("EMPG") funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public
Law 113-76, as amended by Post-Katrina Emergency Management Reforms Act of
2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762,
Section 662, Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake
Hazards Reduction Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended
by Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, Title 42 U.S.0 5121, as amended by National Flood Insurance Act of 1968, Public
Law 90-448, Title 42 U.S.0 4001; and
WHEREAS, the City desires to contract with the RFA for the performance of certain eligible
activities described within this MOU; and
WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City
to undertake the aforementioned eligible activities, so long as the requirements of the
EMPG award, Homeland Security regulations, and state and local laws are adhered to,
as provided for herein; and
WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the
RFA, as the parties to this MOU, in the provision of such eligible activities; and
WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to
the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for
Federal Awards aka the Common Grant Rule (2 CFR Part 200), Chapter 39.34 RCW,
and/or by the Constitution and the enabling laws of the State of Washington; NOW
THEREFORE,
For and in consideration of the terms and conditions provided in this MOU, the parties
mutually covenant and agree as follows:
MOU, Kent& RFA
EMPG E18-099 i
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INDEx To MOU
SECTION GENERAL CONDITIONS..... ~..... ...... ........~~......................... ........ ............
A. Scope 0fM0U........................ ................ ~...~."°°^°"°°~........ ^"^°°°°°°°.... ..........1
B. Scope Cf Project................. .—................. ........... .......... ...... .................._1
C. Purpose And Primary Objective ........ ......... ........................... .___......... ,. ...... ....—...1
D. Commencement And Termination 0fMOV ................. ^°^°.^..~.~"..°°°".,.~.... ...... .....�2
[ Administration ........................................ ......... .................. ..................... ...................2
F Compensation And Method Of Payment...... ....................................—................ ......... .—I
G. Eligible Costs ....................................... ...... .........~........... ........._.............. ...... .—.J
U. Operating Budget.................................... ....___...... ... ........ ....^..........." ..........,°_..^3
I. Amendments .......................................... ........ ....~.... ...... ............ . .................. ... }
]. Assignment And Subcontracting ................ ................... ............ .......... ..... ........ .........4
K. Hold Harmless And Indemnification............... ................... .................. ...... ............,"4
L. Project Close-Out ...................................................................................... ............................4
M. Insurance.............................................. ~".,~" ........."....~..~...,.~. ............. .....5
N. Conflict Uf Interest....................................... ................. ............ ....... ................... 5
O. Suspension And Termination 0/ M8U ...... ...... ...... ........................... ... ............ ......... ..5
SECTION IT FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS ........................... ............ ..............
A. 5ubowords And Contracts BySubrecipient................................ ................ ........................... .....6
D. Reimbursement And Budget Requirements...................................... ...~.... ...... ~".~.°".°.6
C. Reporting Requirements...................................................... ..................................................6
D. Equipment And Supply Management.....................................°"°^°......~°..°.~...... ...... 7
E. Environmental and Historical Preservation................................................... ...... ........ 7
F. Procurement............................................................................................... ............. ..............7
G. Subrecipieni Monitoring....................................................... ............ ..... ...................... ........�7
H. Limited English Proficiency (Civil Rights Act Cf19h4 Title VI)................ .,..,............-7
I. NlMS Compliance................................................................ ........... ..... 7
l [MP6 Program Specific Requirements.......................................................................... ~.....J
K. DU5 Terms And Conditions................................................... ..... ...................... .... .......8
L. [MyG Work Plan................................................................... ..~...~... .......................8
M. Public Information ................................................................. ...............~.. .................. 8
N. Other Federal And State Requirements ........................................~^...^ .......... ...~_.°.8
O. Local Requirements ................................................................................. .... .... ...............
SECTION III MONITORING AND REPORTING REQUIREMENTS .............~....~... ......
~.........�
A. Monitoring................................................................................................ ........... .........8
D. Fiscal Reporting Responsibilities........................................... .............................. ........ .............9
C. Audits................................................................................. ...... ...____.. .... .............. .......9
SECTION TV - RECORDKE[P}NG REQUIREMENTS .................................. ............ .................... .°.~___ "^
A. Program Records and Inspections......................................... ........ ................................. ..... 10
B. Financial Records ................................................................ ..... ............ ............ ........... 10
C. Records 0f Program Operations, Management And [va|uaUon.~........ ....... .... ...... . ... 11
D. Procurement Records.......................................................... ....... ............................... ...___... 11
E. Nondiscrimination And [qua|'0ppoUunityRecords ........................... ....... ............... .... 11
F. Conflict Cf Interest............................................................... —.............~..... ....... 11
G. Verification Of Subcontractor's Eligibility................................. .................................................. 1Z
MOU. Kent & RFA
EMPGE1V{93 ii
SECTION I - GENERAL CONDITIONS
A. SCOPE OF MOU
The agreement between the parties shall consist of this MOU and its signature
page; the recitals page; the general conditions and any special conditions; the
federal, state and local program requirements; the monitoring and reporting
requirements; the recordkeeping requirements; each and every project exhibit,
appendix, and attachment incorporated into the MOU; all matters and laws
incorporated by reference herein; and any written amendments made according to
the general conditions. This MOU supersedes any and all former agreements
applicable to projects attached as Exhibits to this MOU.
B. SCOPE OF PROJECT
The RFA shall use the funds provided herein only to perform the activities
authorized by this MOU and as set forth in the Washington State Military
Department Grant Agreement No. E18-099 (Grant Agreement), which is attached
as Exhibit A, and incorporated by this reference. This MOU may be amended in
writing from time to time, in accordance with the general conditions, for the
purpose of adding new projects, amending the scope of work, or for any other
lawful purpose.
C. PURPOSE AND PRIMARY OBJECTIVE
The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of
Homeland Security (DHS) Emergency Management Performance Grant (EMPG)
funds to local jurisdictions and tribes with emergency management programs to
support and enhance those programs as described in the 16EMPG Work Plan
(Exhibit C of the Grant Agreement).
Pursuant to Section III Purpose of the Interlocal Agreement for the Division of
Services Resulting from the Formation of the Kent Fire Department Regional Fire
Authority, the RFA performs the following services on behalf of the City: Fire
Prevention, Emergency Management, and Fire Investigation Services. Further,
Exhibit C Office of Emergency Mana ement of the Interlocal Agreement requires the
RFA to apply for and manage all disaster recovery grants, Emergency Performance
Grants, and other public assistance grants.
Emergency Management Performance Grants (EMPG) can only be awarded to cities,
counties and tribes with emergency management programs. Therefore, the RFA is
not eligible to receive Emergency Performance Grants (EMPG) directly from the
Washington State Military Department. Because the RFA administers the City's
emergency management program, the City is providing the EMPG funds received
pursuant to the Grant Agreement to the RFA.
MOU, Kent and RFA
EMPG E18-099
D. COMMENCEMENT AND TERMINATION OF MOU
This MOU will commence on June 1, 2017 and will terminate on August 31, 2018,
unless otherwise extended in writing through an amendment to the Grant
Agreement. No work on a project funded by this MOU shall occur prior to June 1,
2017. The RFA shall take all necessary precautions and shall be responsible for the
safety of its employees, agents, and subcontractors in the performance of the
contract work and shall utilize all protection necessary for that purpose. Costs
incurred prior to start date of this MOU will not be reimbursed.
This MOU is contingent upon the availability of funds to be allocated through federal
appropriations. Therefore, should funds to support RFA's services not be made
available through anticipated federal appropriations, this MOU shall immediately
terminate without risk or liability to the City and without obligation to disburse
funds or to reimburse RFA any funds expended in anticipation of funding
availability. All work shall be done at RFA's own risk, and RFA shall be responsible
for all losses associated with services provided before the City issues its written
notice to proceed. All acts consistent with the authority of the MOU and prior to the
date of the MOU's execution are hereby ratified and affirmed, and the terms of this
MOU shall be deemed to have applied.
E. ADMINISTRATION
1. The RFA shall appoint a liaison person who shall be responsible for overall
administration of EMPG funded project(s) and coordination with the City's
Finance Department. The person appointed shall be designated in Exhibit B,
which is attached and incorporated by this reference. The RFA shall also
designate one or more representatives who shall be authorized to submit the
A-19 Invoice Form and completed Reimbursement Spreadsheet (in the format
provided by the Washington State Military Department) detailing the
expenditures for which reimbursement is sought, which are established
through the Grant Agreement.
2. The RFA shall provide ten (10) days written notice to the City of any changes
in program personnel as established through this MOU and Article I Key
Personnel of the Grant Agreement.
F. COMPENSATION AND METHOD OF PAYMENT
1. The City shall reimburse the RFA only for eligible costs allowed pursuant to,
and in an amount not to exceed the amount specified, in the Grant Agreement,
and according to the procedures developed by the City of Kent.
Reimbursement shall be based on the A-19 Invoice Form, and completed
Reimbursement Spreadsheet, which shall be submitted to the Military
Department by the RFA's authorized representative.
2. The RFA shall submit an A-19 Invoice Form and completed reimbursement no
later than the due dates listed within the Timeline (Exhibit D of the Grant
MOU, Kent and RFA Z
EMPG E18-099
Agreement), but not more frequently than monthly. The City reserves the
right to demand and recover reimbursements made for ineligible costs.
G. ELIGIBLE COSTS
1. All costs incurred must be reasonable and of a nature which clearly relate to
the specific purposes and end product of the Grant Agreement under which the
services are being performed. Care must be taken by all concerned in
incurring costs to assure that expenditures conform to these general standards
and the following criteria for eligibility of costs.
2. To be eligible for reimbursement, costs must:
(a) Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget.
(b) Be no more liberal than policies, procedures, and practices applied
uniformly to other activities of the Agency.
(c) Be accorded consistent treatment through application of account policy
and procedures approved and/or prescribed herein.
(d) Not be allowable under or included as costs of any other federal, state,
local or other agency-financed programs in either prior or current
periods.
(e) Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
(f) Be fully documented.
H. OPERATING BUDGET
The RFA shall apply the funds received from the City under this MOU in accordance
with Exhibit E Budget of the Grant Agreement.
I. AMENDMENTS
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this MOU. Proposed modifications which are mutually agreed upon
shall be incorporated by a written amendment to this MOU.
Subsequent to the execution of this MOU, it may be amended in recognition of
EMPG grant agreements accepted by the City. These amendments, if any, will be
routed to the Mayor and Fire Chief for approval and do not require approval by
either the Kent City Council or the Kent Fire Department Regional Fire Authority
Governance Board.
MOU, Kent and RFA 3
EMPG E18-099
3. ASSIGNMENT AND SUBCONTRACTING
1, The RFA shall not assign any portion of this MOU without the written consent
of the City, and it is further agreed that said consent must be sought by the
RFA not less than fifteen (15) days prior to the date of any proposed
assignment.
2. Any work or services assigned or subcontracted hereunder shall be subject to
each provision of this MOU and proper bidding procedures to the extent herein.
K. HOLD HARMLESS AND INDEMNIFICATION
1. The RFA agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the RFA's
negligence or failure to comply with the terms of this MOU unless such audit
exception or other financial loss is the result of the City's negligence or failure
to comply with the terms of this MOU in which case the City shall be financially
responsible for such audit exception or other financial loss.
2. The RFA further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, and
causes of action of any kind or character, including the cost of defense thereof,
arising in favor of any person(s), including RFA's employees or third parties on
account of personal injuries, death, or damage to property arising out of
services performed or omissions of services or in any way resulting from the
acts or omissions of the RFA and/or its agents, employees, volunteers,
subcontractors, or representatives under this MOU.
3„ The City further agrees to defend, indemnify, and hold the RFA, its elected and
appointed officials, agents, and employees, while acting within the scope of
their duties as such, harmless from and against all claims, demands, and
causes of action of any kind or character, including the cost of defense thereof,
arising in favor of any person(s), including City's employees or third parties on
account of personal injuries, death, or damage to property arising out of
services performed or omissions of services or in any way resulting from the
acts or omissions of the City and/or its agents, employees, volunteers,
subcontractors, or representatives under this MOU.
L. PROJECT CLOSE-OUT
The RFA acknowledges and agrees that the amounts set forth in the Grant
Agreement shall be used only to reimburse the RFA for eligible costs incurred by the
RFA during the period set forth in said Grant Agreement and that upon expiration of
such period, or upon earlier termination pursuant to this MOU, the RFA shall have
no interest in any said amount which is not required to reimburse the Agency for
eligible costs incurred before such expiration or earlier termination.
MOU, Kent and RFA 4
EMPG E18-099
M. INSURANCE
The RFA shall maintain insurance in the types and amounts set forth in Exhibit ,
which is attached and incorporated by this reference.
N. CONFLICT OF INTEREST
A. Interest of Officers Employees, or Agents - No officer, employee, or agent of
the City or the RFA who exercises any functions or responsibilities in connection
with the planning and carrying out of the City EMPG program or the RFA's
project, or any other person who exercises any functions or responsibilities in
connection with the City's Finance Department, shall have any personal financial
interest, direct or indirect, in the MOU, and the City and RFA shall take
appropriate steps to assure compliance.
B. Interest of Subcontractor and Their Employees - The RFA agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this MOU, the following provisions:
The Contractor covenants that no person who presently
exercises any functions or responsibilities in connection with the
City EMPG program has any personal financial interest, direct or
indirect, in this MOU. The Contractor further covenants that
he/she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of his/her services hereunder. The
Contractor further covenants that in the performance of this
MOU, no person having any conflict of interest shall be
employed. Any actual or potential conflict of interest on the
part of the Contractor or his/her employees must be disclosed to
the RFA and the City.
O. SUSPENSION AND TERMINATION OF MOU
1. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this MOU or failure to provide in any manner the
activities or other performance as agreed to herein, the City reserves the right
to withhold all or any part of payment, suspend all or any part of the MOU, or
prohibit the RFA from incurring additional obligations of funds until the City is
satisfied that corrective action has been taken or completed. The option to
withhold funds is, in addition to and not in lieu of, the City's right to terminate
the MOU pursuant to Paragraph (2) of this Subsection 0.
2, Termination of MOU by the City - This MOU is subject to termination upon
thirty (30) days written notice by the City to the Agency in the event that:
(a) The RFA mismanages or makes improper or unlawful use of EMPG
funds;
(b) The RFA fails to comply with any term or condition expressed herein or
any applicable federal, state, or local regulations or ordinances;
MOU, Kent and RFA 5
EMPG E18-099
(c) EMPG funds no longer become available from the federal government or
through the City;
(d) The RFA fails to carry out activities required by this MOU; or
(e) The RFA fails to submit reports or submits incomplete or inaccurate
reports in any material respect.
3. Termination of MOU by the RFA - This MOU is subject to termination upon
thirty (30) days written notice by the RFA to the City in the event that:
(a) The City fails in its commitment under this MOU to provide funding for
services rendered, as herein provided; or
(b) EMPG funds no longer become available from the federal government or
through the City.
4. Unless otherwise terminated pursuant to Paragraphs (2) and (3) of this
Subsection 0, this MOU shall terminate on the termination date specified in
Section I Subsection D of the MOU and shall be subject to extension only by
mutual agreement and amendment in accordance with Section I Subsection I
of this MOU.
5. Upon termination of this MOU, any unexpended balance of Grant Agreement
funds shall remain with the City.
6. In the event termination occurs under Paragraph (2) of this Subsection 0, the
RFA shall return to the City all funds that were expended in violation of the
terms of this MOU, if any, including, but not limited to, any unexpended EMPG
funds distributed to the RFA under this MOU, any accounts receivable, or any
assets or interests therein of any type and in any form acquired, leased, or
rehabilitated with EMPG monies.
.NECTION II - FEDERAL, STATE, AND LOCAL PROgRAM REQUIREMENTS
A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT
The RFA will comply with all requirements as reflected in Article II Section A -
Subawards & Contracts By Subrecipient of the Grant Agreement.
B. REIMBURSEMENT AND BUDGET REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section A -
Budget & Reimbursement of the Grant Agreement and Section I Subsection
F Compensation And Method of Payment of the MOU.
C. REPORTING REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section A -
Reparting of the Grant Agreement and Section I Subsection F Compensation And
Method of Payment of the MOU.
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EMPG E18-09
D. EQUIPMENT AND SUPPLY MANAGEMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Equipment And Supply Management of the Grant Agreement.
E. ENVIRONMENTAL AND HISTORICAL PRESERVATION
The RFA will comply with all requirements as reflected in Article II Section A -
Environmental And Historical Preservation of the Grant Agreement.
F. PROCUREMENT
The RFA will comply with all requirements as reflected in Article II Section A -
Procurement of the Grant Agreement.
G. SUBRECIPIENT MONITORING
The RFA will comply with all requirements as reflected in Article II Section A -
Subrecipient Monitoring of the Grant Agreement.
H. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The RFA will comply with all requirements as reflected in Article II Section A
Limited English Proficiency (Civil Rights Act Of 1964 Title VI) of the Grant
Agreement.
I. NIMS COMPLIANCE
The RFA will comply with all requirements as reflected in Article II Section A - NIMS
Compliance of the Grant Agreement.
J. EMPG PROGRAM SPECIFIC REQUIREMENTS
The RFA will comply with all requirements as reflected in Article II Section B - EMPG
Program Specific Requirements of the Grant Agreement.
K. DHS TERMS AND CONDITIONS
The RFA will comply with all requirements as reflected in Article II Section C - DHS
Terms And Conditions of the Grant Agreement.
L. EMPG WORK PLAN
The RFA will administer the EMPG award in accordance with the Work Plan
established through Exhibit C 17EMPG Work. Plan of the Grant Agreement.
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M. PUBLIC INFORMATION
1. In all news releases and other public notices related to projects funded under
this MOU, the RFA shall include information identifying the source of funds as
the City of Kent EMPG program.
2. Pursuant to Exhibit B Part A.23 Publicity of the Grant Agreement, the RFA
agrees to submit to the Washington Military Department prior to issuance all
advertising and publicity matters relating to the Grant Agreement wherein the
Department's name is mentioned or language used from which the connection
of the Department's name may, in the Department's judgment, be inferred or
implied. The RFA agrees not to publish or use such advertising and publicity
matters without the prior written consent of the Department.
3. The RFA acknowledges that this MOU and any other information provided by it
to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW,
except to the extent specifically exempted from disclosure therein.
N. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this MOU of any other federal or state requirements,
which apply to the award and expenditure of federal funds made available by this
MOU, is not intended to indicate that those federal or state requirements are not
applicable to RFA activities. The RFA shall comply with all other federal and state
requirements relating to the expenditure of federal funds, including but not limited
to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural
Barrier Act of 1968 (42 U.S.C. § 4151, et sec.).
O. LOCAL REQUIREMENTS
The activities performed under this MOU are for the purposes of serving residents of
the RFA service area and the RFA shall, to the extent reasonably possible, not use
said funds to provide services outside the RFA service area, or for any other
purpose, except as specifically authorized by this MOU.
SECTION III - MONITORING AND REPt7RTING REQUIREMENTS
A. MONITORING
Article II Administrative And/Or Financial Requirements Section 7 Subrecloient
Monitorinq of the Grant Agreement reflects that the Military Department will
monitor the activities of the Sub-grantee from award to close-out.
The RFA understands and agrees that it will be monitored by the City and the
Military Department from time to time to assure compliance with all terms and
conditions of this MOU and all applicable local, state, and federal laws, regulations,
and promulgated policies. Monitoring by the City under this MOU may include, but
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EMPG E18-099
not be limited to on-site inspections by City staff. The City reserves the right to
contract with another local government or other contracting party to perform this
service.
The RFA shall provide to the City a copy of any Military Department monitoring
report no later than thirty (30) days after the issuance of the report to the RFA.
The RFA shall provide to the City its response and corrective action plan for all
areas of concern contained in the monitoring report.
B. FISCAL REPORTING RESPONSIBILITIES
The RFA shall provide fiscal statements or reports as may be required from time to
time by the City, which statements or reports, or both, must indicate the status of all
accounts and funds being used to perform under this MOU. The RFA shall maintain
proper documentation and records of all expenditures incurred pursuant to the terms
of this MOU in a manner as will facilitate auditing by the Department of Homeland
Security, the Washington Military Department, and/or the City.
C. AUDITS
1. If the RFA expends a total of $750,000 or more in federal financial assistance
and has received federal financial assistance from the City during its fiscal
year, it shall have an independent audit conducted of its financial statement
and conditions, which shall comply with the requirements of generally accepted
auditing standards (GAAS); General Accounting Office (GAO's) Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions;
and the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards aka the Uniform Guidance (2 CFR Part 200),
as amended, and as applicable. Such audits are to be performed by the
Washington State Auditor's Office (SAO).
The RFA shall provide a copy of the audit report to the City no later than thirty
(30) days after the audit's completion or (6) months subsequent to the end of
the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the
City its response and corrective action plan for all findings and reportable
conditions contained in its audit. When reference is made in its audit to a
Management Letter or other correspondence made by the auditor, the RFA
shall provide copies of those communications and the RFA's response and
corrective actions plan.
2. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG
program is 97.042.
MOU, Kent and RFA 9
EMPG E18-099
SECTION IV — RECORDKEEPING REQUIREMENTS
A. PROGRAM RECORDS AND INSPECTIONS
The RFA shall make, maintain, and preserve books and records, of whatever form,
detailing all EMPG-related expenditures and costs incurred by the RFA. All such
books and records shall be made available to representatives of the City or the
Military Department, or both, for formal inspection and, where necessary, copying.
Intentional noncompliance with this provision shall constitute a material breach of
this MOU.
Throughout the term of this MOU, the RFA shall establish and maintain current the
records described in this Section. These records shall conform to the requirements
and specifications of their individual source authorities, which are cited herein. Be
advised that the listing in this Section is intended only to assist the RFA in
identifying the required records and their respective authorities, and is'not all
inclusive.
1. Time for Retention of Records - Except where otherwise specifically provided,
all records as of the end of the term of this MOU shall be kept in an
accessible file for at least six (6) years following final payment and closure of
the grant under the Grant Agreement.
2. Contract and Amendments - A complete copy of this MOU and all
amendments thereto and notices there under.
3. Records of City Approvals - Copies of all requests for amendments or
revisions to this MOU and the City's subsequent approval or denial of such
requests as are required under this MOU.
4. Subcontracts and___Agreements - Complete copies of all contracts,
subcontracts, and agreements with third parties into which the RFA enters in
the performance under this MOU; and all correspondence, reports, and other
documentation pertaining to such contracts, subcontracts, and agreements.
5. Additional Contract Requirements - The RFA shall submit to the City a copy of
the most recent independent financial audit and a current list of the RFA's
board of directors.
B. FINANCIAL RECORDS
The RFA shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this MOU, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances. The records must:
1. Permit comparison of actual outlays with budgeted amounts;
2. Permit reporting of financial data on the accrual basis;
3. Be supported by source documentation;
4. Be independently audited usually annually, but not less frequently than every
two years.
MOU, Kent and RFA 10
EMPG E18-099
C. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION
The RFA shall maintain all records of:
1. Operating policies and procedures;
2. Employee qualifications, training, and evaluation;
3. Principal operations data: work units completed; clients served, classified by
client and service characteristics; staff hours utilized; etc.
4. Self-evaluation of services, programs, and employment practices for
compliance with 504 and ADA requirements.
D. PROCUREMENT RECORDS
The RFA shall maintain all records of:
1. RFA's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
2. RFA's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
3. RFA's procurement procedures utilized and the basis for supplier
selection/contract award, for individual purchases or contracts exceeding the
dollar thresholds established in 2 CFR 200.320 Methods of Procurement To
Be Followed.
E. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS
The RFA shall maintain:
1. A tabulation of all RFA employees classified by race, position, and salary in
the format of the U.S. Equal Employment Opportunity Commission Form
EEO-4.
2. Data identical to that required under A. and B. above for any subcontractor
or agent employed in the performance under this MOU.
3. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the RFA's operations.
4. Documentation of all actions taken to make minority residents aware of the
RFA's services and provide them with equal access to benefits.
5. Record of the racial classification and gender of the majority owners of each
private for-profit business with which the RFA contracts with any funds
provided under this MOU.
F. CONFLICT OF INTEREST
1. The RFA shall maintain records documenting that all RFA board members,
officers, employees and consultants have been informed of the conflict of
MOU, Kent and RFA 11
EMPG E18-099
interest provisions of Exhibit B Part A.8 of the Grant Agreement and have
acknowledged understanding those provisions.
2, The RFA shall maintain a complete record of all requests for exceptions
submitted under the Grant Agreement.
G. VERIFICATION OF SUBCONTRACTOR'S ELIGIBILITY
The RFA shall maintain records documenting that the RFA, all subcontractors, and
consultants have been determined not to be currently debarred, suspended, denied
participation or declared ineligible to participate in federal government funded
programs.
IN WITNESS, the parties below execute this Memorandum of
Understanding, which shall become effective on the last date entered below. All
acts consistent with the authority of this Memorandum of Understanding and
prior to its effective date, but no earlier than June 1, 2017, are ratified and
affirmed, and the terms of this Memorandum of Understanding shall be deemed
to have applied.
KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT:
AUTHORITY:
Sign in blue or black ink on)v
' Print Name: Dana Ralph
Print N me: Matthew Morris Title: Mayor
Title: Fire Chief DATE:
DATE:
APPROV V�Y- wS TO FORM:
Z,IL. /I/ — —
KeLlaw Departmen
MOU, Kent and RFA 12
EMPG E18-099
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
Grant Agreement
EMPG Grant Agreement Number ELS-099
MOU, Kent & RFA
EMPG E18-099
REICEWEED
Washington State Military Department JAN 16 2018
EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE S
1, Subrecipient Name and Address: 2. Grant Agreement Amount 3. Gra er✓
City of Kent
Emergency Management Division $70,697 E18-099
24611 116th Ave SE
Kent,WA 98030-4939
.......... ...........................
4, Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date:
Jennifer Keizer, (253)856-4342
idkeizer0puvetsoundfire.oru June 1,2017 August 31,2018
7. Department Contact, phone/email 8. Data Universal Numbering System(DUNS); 9. UBI#(state revenue).
Gary Stumph, (253)512-7483
gary.stumph@mil.wa.gov 020253613 173-ODO-002
10. Funding Authority:
Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(DHS)
11. Federal Funding Identification#: 12. Federal Award Date, 13. Catalog of Federal Domestic Assistance(CFDA)79 Title:
EMS-2017-EP-00004-SO1 08124/2017 1 97.042(17EMPG)
14_ Total Federal Amount#: 15. Program Index#&OBJ/SUB-OBJ:. 16- TIN:
$7.306.624 773PT NZ NIA
17- Service Districts: 18_ Service Area by County(ies): 19. WDmen/Minority-Owned, State
(BY LEGISLATIVE DISTRICT): 11,33, g 47 Kin Certified?: X N/A ❑ NO
(BY CONGRESSIONAL DISTRICT): 8,9 ❑ YES, OMWBE#.
20. Agreement Classification 21. Contract Type(check all that apply):
❑ Personal Services ❑ Client Services X Pubhc/Local Gov't ❑ Contract X Grant X Agreement
❑ Research/Development ❑ A)E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency
22. Subrecipient Selection Process. 23 Subreolplent Type(check all that apply)
X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit
❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non-Profit
❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER
24. PURPOSE&DESCRIPTION:
The purpose of the Fiscal Year(FY)2017 Emergency Management Performance Grant(17EMPG) is to provide U.S. Department of
Homeland Security(DHS)IFederal Emergency Management Agency(FEMA) Federal award funds to local jurisdictions and tribes
with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those
programs as described in the Work Plan.
The Department is the Recipient and Pass-through Entity of the 17EMPG Award EMS-2017-EP-00004-SO1,which is incorporated in
and attached hereto as Attachment#1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement
and the associated matching funds.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced
Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below.
This Agreement Face Sheet, Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C);
Timeline (Exhibit D), Budget(Exhibit E), 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 S. General Terms and Conditions,and,
3. Work Plan 6. Other provisions of the Agreement incorporated by reference
WHEREAS, the parties hereto have executed this Agreement on the day and year last specified t5 idvy.
FORT' "DEPART ':Ni FOR.Tf�IE"SIB-AECIP&F.P°1'
r r
Signalu Dale egnDate
Dan Switer, Chief Financial Officer ✓ Suz
Washington State Military Department ,r° .,, v�
BOILERPLATE APPROVED AS TO FORM. Signaly,a Date
(Signature on file 9/12/2017) Mabh `w Morris, Fire Chief
Brian E. Buchholz, Sr.Assistant Attorney General
APP,RO'V AST ORM(if applicable): L7� D av /
.... .. ..._....................,_ p ae
_._
Form 05112/2015
DHS-FEMA-EMPG-FY 17 Pagel of 35 City of Kent EMD, E18-099
Exhibit A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Jennifer Keizer Name Gary Stumph
Title EM Specialist Title Program Coordinator
E-Mail jdkeizer@pugetsoundfire.org E-Mail gary.stumph@mil.wa.gov
Phone 253-856-4342 Phone 253-512-7483
Name Matthew Morris Name Tirzah Kincheloe
Title Fire Chief Title Program Manager
E-Mail mlmorris@pugetsoundfire.org E-Mail tirzah.kincheloe@mil.wa.gov
Phone 253-856-4311 Phone 253-612-7456
Name John Madson Name Dalton Gamboa
Title Division Chief-Emergency Title Pro ram Assistant
E-Mail jmadson@pugetsoundfire.org E-Mail dalton.gamboa@mil.wa.gov
Phone 253-8564316 Phone 253-512-7044
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 17EMPG 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 (FY) 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for
Grant No. EMS-2017-EP-00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all
of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as
Attachment 1.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient
agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages,
claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior
to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the
Department.
1. SUBAWARDS &CONTRACTS BY SUBRECIPIENT
a. The Subrecipient must make a case-by-case determination whether each agreement it
makes for the disbursement of 17EMPG 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 17EMPG funds, including, but not limited to, those
contained in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient to comply with all applicable state
and federal laws, rules, regulations, requirements, and program guidance
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to the 17EMPG Program, including, but not
DHS-FEMA-EMPG-FY 17 Page 2 of 35 City of Kent EMD, El8-099
limited to, all criteria, restrictions, and requirements of the "Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year
2017 Emergency Management Performance Grant(EMPG)"document, the DHS
Award Letter for Grant No. EMS-2017-EP-00004-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
17EMPG 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. BUDGET & REIMBURSEMENT
a. Within the total Grant Agreement Amount, travel, sub-contracts, salaries, benefits,
printing, equipment, and other goods and services or other budget categories will be
reimbursed on an actual cost basis unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Agreement Amount.
C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an
indirect cost rate agreement negotiated between the federal cognizant agency for indirect
costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2
CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department.
However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated
indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient
may negotiate a rate with the Department or charge a de minimis rate of 10% of modified
total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved
rate, but must not exceed the approved negotiated indirect cost rate percentage for the
time period of the expenditures. 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://www.gsa.gov, 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 Reimbursementsp_mi'I.wa.gov 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.
g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a
request for Amendment of the Agreement and must be submitted to the Department Key
Personnel sufficiently in advance of the due date to provide adequate time for Department
DHS-FEMA-EMPG-FY 17 Page 3 cf 35 City of Kent EMD, E18-099
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 equipmentisupplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-
federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including, but not limited to, those reports in the Timeline) will prohibit the
Subrecipient from being reimbursed until such complete reports and reimbursement
requests are submitted and the Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is
current with all reporting requirements contained in this Agreement.
I. A written amendment will be required if the Subrecipient expects cumulative transfers to
budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant
Agreement Amount. Any changes to budget category totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. 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
a. With each reimbursement request, the Subrecipient shall report how the expenditures, for
which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format
provided by the Department.
b. With the final reimbursement request,the Subrecipient shall submit to the Department Key
Personnel a final report describing all completed activities under this Agreement.
C. In conjunction with the final report,the Subrecipient shall submit a separate report detailing
how the EMPG Training and Exercise requirements were met for all personnel funded by
federal or matching funds under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency
Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and
return to the Department the FFATA Form located at http:J/mil.wa.gov/emeraenov-
manaaement-division/grants/reguiredgrantforms, which is incorporated by reference and
made a part of this Agreement.
e. The Subrecipient shall participate in the State's annual capabilities assessment for the
State Preparedness Report.
4. EQUIPMENT 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.
❑HS-FFMA-EMPG-FY 17 Page 4 of 35 City of Kent EMD, E18-099
i. 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
B. manufacturer's serial number, model number, or other identification
number
C. funding source for the equipment, including the Federal Award
Identification Number(FAIN)
D. Catalog of Federal Domestic Assistance (CFDA) number
E. who holds the title
F. acquisition date
G. cost of the equipment and the percentage of federal participation in the cost
H. location, use and condition of the equipment at the date the information
was reported
I. 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 forthe 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.
vill. 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.
A. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement supplies or equipment acquired under a
federal award are no longer needed for the original project or program or
for other activities currently or previously supported by a federal awarding
agency, the Subrecipient must comply with the following procedures:
B. For Supplies: If there is a residual inventory of unused supplies exceeding
$5,000 in total aggregate value upon termination or completion of the
project or program and the supplies are not needed for any other federal
award, the Subrecipient must retain the supplies for use on other activities
or sell them, but must, in either case, compensate the federal government
for its share. The amount of compensation must be computed in the same
manner as for equipment.
DHS-FEMA-EMPG-FY 17 Page 5 of 35 City of Kent EMD, E18-099
For Equipment:
1) Items with a current per-unit fair-market value of$5,000 or less may
be retained, sold, or otherwise disposed of with no further obligation
to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The Subrecipient shall compensate the
federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2)
ix. Records for equipment shall be retained by the Subrecipient for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six-year period, the records
shall be retained by the Subrecipient until all litigation, claims, or audit findings
involving the records have been resolved.
b. The Subrecipient shall comply with the Department's Purchase Review Process, which is
incorporated by reference and made part of this Agreement. No reimbursement will be
provided unless the appropriate approval has been received.
C. Allowable equipment categories for the EMPG Program are listed on the Authorized
Equipment List (AEL) located on the FEMA website at http://www,fema.gov/authorized-
equipment-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. The Subrecipient must pass on equipment and supply management requirements that
meet or exceed the requirements outlined above to any non-federal entity to which the
Subrecipient makes a subaward under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. 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-environmental-planning-and-historic-oreser✓afion,
all of which are incorporated in and made a part of this Agreement.
b. 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 interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also require a DHS/FEMA EHP review before
project initiation.
C. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether
the proposed project has the potential to impact environmental resources and/or historic
properties.
DHS-FEMA-EMPG-FY 17 Page 6 of 35 City of Kent EMD, E18-099
d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed and approval received by the Subrecipient before any
work is started for which reimbursement will be later requested. Expenditures for
projects started before completion of the EHP review process and receipt of approval by
the Subrecipient will not be reimbursed.
6. PROCUREMENT
a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318
through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A-9.
b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit
to the Department for pre-procurement review and approval the procurement documents,
such as requests for proposals, invitations for bids and independent cost estimates. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes
a subaward, at which point the Subrecipient will be responsible for reviewing and
approving sole source justifications of any non-federal entity to which the Subrecipient
makes a subaward.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The
goal of the Department's monitoring activities will be to ensure that agencies receiving
federal pass-through funds are in compliance with this Agreement, federal and state audit
requirements, federal grant guidance, and applicable federal and state financial
regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient
shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit
Certification Form" located at http://mil.wa.00v/emeraencv-manacement-
division/grants/reguiredgcantforms 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
li. monitoring and documenting the completion of Agreement deliverables
iii. documentation of phone calls, meetings, a-mails and correspondence
iv. review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements
V. observation and documentation of Agreement related activities, such as exercises,
training, funded events, and equipment demonstrations
vi. on-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined
above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-
through entity under this Agreement,
e. Compliance 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.
DHS-FEMA-EMPG-FY 17 Page 7 of 35 City of Kent EMD, E18-099
Providing meaningful access for persons with LEP may entail providing language
assistance services, including oral interpretation and written translation. Executive Order
13166, Improving Accessto Services for Persons with Limited English Proficiency(August
11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS
published the required recipient guidance in April 2011, DHS Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768,
(April 18, 2011). The Guidance provides helpful information such as how a recipient can
determine the extent of its obligation to provide language services, selecting language
services, and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer
to the DHS Recipient Guidance at htt s://www.dhs. ov! uidance ublished-heY -
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on htti)://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 orjunsdictions 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 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. In order to receive Federal Fiscal Year 2017 federal preparedness funding, to include
EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in
progress toward completion. NIMS Implementation Objectives are located at
htt s:!/www:fema. oa/media-I'it7ra /assets/documents/130743.
B. EMPG PROGRAM SPECIFIC REQUIREMENTS
1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist
state, local, and tribal governments to enhance and sustain all-hazards emergency management
capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act,
as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency
Management Act (6 U.S.C. § 762).
2. A portion of the 17EMPG is 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 pursuant to Washington Administrative Code
PAC) 118-09.
3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform
tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by
the Department and incorporated into this Agreement.
4. Funding may not be used to replace or supplant existing local or tribal government funding of
emergency management programs
5. The Subrecipient shall provide a fifty percent match of $70,697 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
DHS-FEMA-EMPG-FY 17 Page 8 of 35 City of Kent EMD, E18-099
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.
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 and record proof of completion for the NIMS training requirements outlined in
the NIMS Training Program located at
httos:Llwww.fema.gov/12df/emeMency/nimsltiims training program pdf (to include ICS
100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training
course completion by individual personnel along with the final report, and
c. complete either(1)the FEMA Professional Development Series IS 120, IS 230, IS 235, IS
240, IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic
Academy, The Subrecipient will report training course completion by individual personnel
along with the final report.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 17EMPG program funding, the Subrecipient shall comply with all applicable DHS
terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No.
EMS-2017-EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1.
DHS-FEMA-EMPG-FY 17 Page 9 of 35 City of Kent EMD, E18-099
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"subrecipient" is the same as in 2 CFR 200.93
for all other purposes.
d. "Monitoring Activities" means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. "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.2ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT ADA OF 1990 PUBLIC LAW 101-336 42 U-S G 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 htto://miLwa.aovlemergency mane erement-
division/grants/reguiredgrantforms. Any such form completed by the Subrecipient for this Agreement
shall be incorporated into this Agreement by reference.
DHS-FEMA-EMPG-FY 17 Page 10 of 35 City of Kent EMD, E18-099
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180- The Subrecipient certifies that it will
ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered
transactions" by any federal department or agency. "Covered transactions" include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (http://www,sam.gov) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries' "Debarred Contractor List"
(https llsecure Ini wa gov/debarandstrike/ContractorDebarList aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services' Debarred Vendor List
(http:ffwww des wa qov/services/Contractin.gPurchasing/Business/PaciesNendor-Debarmen as x
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers(including sub-contracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients 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 APPLVCABLE STATUTES RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42,52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58),
DHS-FEMA-EMPG-FY 17 Page 11 of 35 City of Kent EMD, E18-099
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318
General procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at$150,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of$10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be effected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract' in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
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
DHS-FEMA-EMPG-FY 17 Page 12 of 35 City of Kent EMD, E18-099
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 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.
DHS-FEMA-EMPG-FY 17 Page 13 of 35 City of Kent EMD, E18-099
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 TFRMINATION FOR CONVENIENQF
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 sale discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
DHS-FEMA-EMPG-FY 17 Page 18 of 35 City of Kent EMD, E18-099
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 party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the
dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its sub-contractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the State of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of(1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or Subrecipient's agents or employees.
Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the Federal government, the following shall apply:
DHS-FEMA-EMPG-FY 17 Page 14 of 35 City of Kent EMD, E18-099
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department's Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties'Authorized Signature representatives.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
as a "Termination for Cause'without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under "Amendments and Modifications"to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
national origin, marital status, honorably discharged veteran or military status, or disability (physical,
mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
project, program, or activity, funded, in whole or in part, under this Agreement.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its work place does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement.To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
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.
DHS-FEMA-EMPG-FY 17 Page 15 of 35 City of Kent EMD, E18-099
A.22 PROH181TION 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.
G. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3)
years, the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or
to any third party, other than as is expressly set out in this Agreement.
DHS-FEMA-EMPG-FY 17 Page 16 of 35 City of Kent EMD, E18-099
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 AMENDMENTSI
Non-federal entities, as subrecipients of a federal award,that expend $750,000 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 200.425.
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):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form"
htt s://www,mil'.wa. ov/emer enc -mans ement-division/ rants/re uired rantforms to the Department
at the address listed above 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).
DHS-FEMA-EMPG-FY 17 Page 17 of 35 City of Kent EMD, E18-099
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;
C. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
DHS-FEMA-EMPG-FY 17 Page 19 of 35 City of Kent EMD, E18-099
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-FY 17 Page 20 of 35 City of Kent EMD, E18-099
Exhibit C
WORK PLAN
FY 2017 Emergency Management Performance Grant T
Emergency Management Organization City a&Kent Emergency Management Division
The purpose of EM PG is to assist with the enhancement,sustainment and improvement of state,local,and tribal emergency management
programs.Activities conducted using EMPG funding should relate directly to the five elements of emergency management:prevention,
protection,response,recovery,and mitigation. Washington State does not require a specific number of activities to receive EMPG funding.
However,there are required capabilities that must be sustained in order to remain eligible for EMPG funding,including but not limited to
the ability to communicate and warn,educate the public,train and exercise,plan,and be NIMS compliant. The Work Plan delineates the
Emergency Management Organization's emergency management program planning and priority focus for this grant cycle(to include
17EM PG grant and local funds)I In
L#t arpaafRatbrwluxparunx Saari wll/bayundedby hill is
Satellite Phones Copier/Punch Kit Lease Small Tools and Equipment
Enter encV Pood(MRE,Water rotation) Meeting Refreshments Office Supplies
dntemet and Websute Fees IStorage Shelving Printing Fees
ink Cartridges
Continualcry,Outreachl Pubec Education
WORK PLANNED WHY THE WORK IS BEING DONE RESULTOFTHE WORK
1 CERT-Deliver FEMA courses and refresher With con[in ued classes/trainings being offered -Larger number of CERT trained members In the
training to the City of Kent,Covington,Puget each year,we are building our volunteer database community.
Sound Regional Fire Authority(REA)and the and becoming a more resilient community. -CERT graduates become volunteers In other
Kent/Covington School District. emergency management areas(Kent
Communications Support Team,ECC Volunteer,
Message Center Volunteer,etc.)
-The end result is the community a better
prepared to respond and more resilient to a
disaster
2 Conduct specialized CERT/Preparedness Classes To successfully educate our community in all the JA more resilient community prepared for and able
for local businesses,neighborhoods,and schools, aspects of disaster preparedness so that they on to respond to a disaster.
help mitigate loss and help our community reBudld
after a.disaster.
3 Dartrcipate in multiple community events Fecusison community safety and emergency More youth and adults interested in emergency
throughout the year with EM Logo attire such as ',preparedness by both adults and youth. preparedness and having the knowledge of how to
Corn Day,Covington Days,National Night Out, prepare for and respond during a disaster.
Kids Safety Day,You/Me/We Event,and multiple
school events)
Kent Communications Support Team(KCST)
WORK PLANNED WHY THE WORK 15 BEING DONE RESULT OF THE WORK
1 Participate in multiple communhyevents wearing By participating In events,it provides a chance to Better trained volunteers who are knowledgeable
KCST logo attire such as field day,Cornucopia test generators,disaster communication kits, of the setup procedures for our mobile
Days,National Night Out,The Great Shakeout, processes,as well as,provide an opportunity for communications kh and van. Finding possible
Emergency Activations and More volunteer training. gaps in Comm unications when relying on
emergency power.
2 Purchase equipment(laptops,radios,generator) To create/enhance a redundant emergency A robust communications system to supportCity
for enhancement of emergency communications. communications system. and Regional emergencies and planned events.
Exercises/Trainings
WORK PLANNED WHY THE WORK 15 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
of at least three exercises during the performance testing,exercise,and training. identifying areesfor improvement,and for
period. participants to be able to better respond to an
incident/event.
2 Test systems(electronics,displays,forms,etc.)on To find and correct any issues that may arise from An ECC that is up to date with electronics,forms,
a rotating basis-continuation of quarterly ECC in- the tests in orderto fully maximize ECC displays,etc.that is able to operate effectively in
sellce days, capabilities. an incident/event/disaster.
DHS-FEMA-EMP&FY 17 Page 21 of 35 City of Kent El E18-099
3 Conduct train ings and/or send City Staff/Fire ITO increase job skills and knowledge in Emergency More fully trained staff and volunteers who are
Staff/V a I unteers to careerdevelopment Management functions better able to respond to an incident/event.
workshops,seminars,conferences and training for
Emergency Management,
Operational Capabilities
WORK PLANNED WHY THE WORK 15 BEING DONE RESULT OF THE WORK
1 �Continue to identify enhancements in Drills,exercises,and activations have identified a Greater commu nicatlon and functionalityto
functionality and capability for the Kent ECC and gap In communication sharing and the need for increase situational awareness between ECC,
DOCs(Department Operating Centers)including better situational awareness. DOCs,and regional partners during an
computer software. activation/exercise.
-Provide network communication sharing,
Situational Awareness tracking,and Status board
sharing within the DOCs and ECC.
2 Acquire radio equipment for ECC communication To improve cache of emergencytommunication Increased abdityto communicate during exercises
capability equipment by updating out of date egMYpment and actr i9n5.
and/or equorrard that is reaching its end of hie.
3 Develop andtrain volunteersto support multiple ITO have fullytrained volunteersto assist in the TNe abalityto all upon ourtrained volunteersto
functions/processeswithinthe ECC and/or ECC In both exercises and activations as per WAC assist wit%ln the ECC during preparedness,
disaster preparedness/recovery 11M4 mkigatYort,and recovery efforts.
o'Acquire equipmentto Improve operational Events and activations highlighted the need for Atoll functioning staging areathat is able to
readinessforan outdoor stagingarea. Operational itemsto assist with on-scene respond to an event/incident✓exercise.
activities.
5 Improve Emergency Management Mobile EM vehicles(Van/Truck/Trailer)are notfulN Mobileemergeney,response fleet available to
resource capabilities capable to support emergency operations. support operations for cal and repgYanal
emergency and planned events..
Public Information and Warning_
WORK PLANNED WHY THE WORK 15 BEING DONE RESULT OF THE WORK
1 Provide interpretation and translation services To effectively communicate disaster preparedness Disaster preparedness/emergency information
during trainings,exercises,and activations when and/or emergency information to a community materials will reach everyone so the community
needed. which contains limited English proficiency will be better prepared and able to respond to an
populations, event.
2 Create documents and print materials,signs,etc To increase.community awareness of hazards and The community and City staff are better prepared
forinformation and eduta[ion purposes. how to respond. to respond toanemereency or event.
DHS-FEMA-EMPG-FY 17 Page 22 of 35 City of Kent EMD, E18-099
Exhibit D
TIMELINE
FY 2017 Emergency Management Performance Grant
DATE TASK
June 1, 2017 Grant Agreement Start Date
May 31, 2018 Submit reimbursement request
July 31, 2018 Submit reimbursement request
August 31, 2018 Grant Agreement End Date
October 15, 2D18 Submit final reimbursement request, final report, Training and
Exercise Requirement report, and/or other deliverables.
DHS-FEMA-EMPG-FY 17 Page 23 of 35 City of Kent EMD, E18-099
Exhibit E
BUDGET
FY 2017 Emergency Management Performance Grant
17EMPG AWARD $ _ 70,69Z00
SOLUTION
AREA CATEGORY EMPG AMOUNT Match AMOUNT
1 ylarl ".lt.:'."'rr,-aera rr— Gl,�'u".5L?7,i%S J;irt""!h .w.771u'.�.rr " "w' �;SCI'."" '�":?LH";97SNai 1"u Z7Eul.;Z F�
Salaries&Benefits $ - $
Z OvertimefBackflll $ $
Z Consultants/Contractors $ - $
Z Goods&Services $
a Trav21/Per Diem $ ....._ $ ....
Subtotal $ - $ -
Z Salaries&Benefits $ �"'!J $ 70,,697
O Overtime/Backfill $ - )+ $ -
m._
q Consultants/Contractors t $
Z Goods&services $ 23,500 $ -
< Travel/Per Diem $
cc
0 Subtotal $ 23,500 $ 70,697
Salaries&Benefits $ _. - $ -
w Overtime/Backfill $ $
G Consultants/Contractors $ $
w Goods&Services $ 77 $
w Travel/Per Diem $ - $
Subtotal $ — - $ -
Salaries&Benefits $ - $ -
w Overtime/Backfill $ 31000 $ -
Z Consultants/Contractors _ $ 4,397 $ —�
Q _Goods&Services ................ $ ..__ goo $
F Travel/Per Diem $ 3,500 $ _
Subtotal $ 11,697 $
Equipment $ _ 35,500 $cr -...
c+ Subtotal $ 35,500 $
Salaries&Benefits $ - f— =-
Overtime/Backfill $Consultants/Contractorsca
Goods&Services $ -Travel/Per Diem $ -
Subtotal $ -
-Indirect
Indirect Cost Rate on fdle 0%
„„cTiw".f�l'u %4'drJ�'r"'^�",':.M"'�. .. „ ,. x .. ,n; ,"+"�" "dui."ua."G��Tr2"Z�;"7L"�'"^�t✓G:
TOTAL Grant Agreement AMOUNT: $ 70,597 „ $ 70,697
• The Subrecipient will provide a match of$70,697 of non-federal origin, 50%of the total project cost(Local budget plus
EMPG award).
• Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed
without prior written authorization from the Department.
Funding Source: U.S- Department of Homeland Security-PI#773PT—EMPG
DHS-FEMA-EMPG-FY 17 Page 24 of 35 City of Kent EMD, E18-099
Attachment 1
17EMPG Award Document
EMS-2017-E P-00004-SO1
�-
Fwrda Career�
U.S. Department of Homeland Security
@ham R'P!4 Washington,D.C.20472
y. T
79 �.
x.
Brel Daugherty
Washington Military Department
Building 20
Camp Murray,WA 98430-5122
Re:Grant No.EMS-2017-EP-O[1004
Dear Bret Daugherty.
Congratulations,on behalf ofthe Department of Homeland Security,your application for financial assistance submitted under
the Fiscal Year(FY)2017 Emergency Management Performance Grants has been approved in the amount of$7r'06,624.00.
As a condition of this award,you are required to contribute a cost match in the amount of$7,906 024.00 of norrFederal funds,
or 50 percent of the total approved project costs of$14,613�2460_
Before you request and receive any of the Federalfunds awarded to you,you must establish acceptance of the award. By
accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your
award:
• Agreement Articles(attached to this Award Letter)
• Obligating Document(attached to this Award Letter)
• FY 2017 Emergency Management Performance Grants Notice of Funding Opportunity.
Please make sure you read,understand,and maintain a copy of these documents in your official file for this award.
In orderta establish acceptance of the award and its terms,please followthese instructions:
Step 1:Please log in to the ND Grants system at https/Iportal.fama.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 Iinkwill 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 org anization'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 come ct The System for Award Management is located at htMA
28mz-am.oay.
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.
DHS-FEMA-EMPG-FY 17 Page 25 of 35 City of Kent EMD, E18-099
f.a
SHARON CYIVN LOPER ReglonalMminiatratrr
DHS-FEMA-EMPG-FY 17 Page 26 of 35 City of Kent EMD,E18-099
Sat .._t..._._-.. . -, ... -... ,.. __,.._ ._.. .._....- .. .. ..—
Sat Oct 01 OOUO:OO T 2016 _
GM
IT
Department of Homeland Security
0,TA��� Washington,D.C.20472
UD5Sr—':'P-1
4
AGREEMENT ARTICLES
Emergency Management Performance Grants
GRANTEE: Washington Military Department
PROGRAM: Emergency Management Performance
Grants
AGREEMENT NUMBER: EMS-2017-EP-00004-S01
TABLE OF CONTENTS
Article I Whistleblower Protection Act
Article II Use of DHS Seal,Logo and Flags
Article III USA Patriot Act of2001
Article IV Universal Identifier and System of Award Management
(SAM)
Article V Reporting of Matters Related to Recipient Integrity and
Performance
Article VI Rehabilitation Ad of 1973
Article VII Trafficking Victims Protection Ad of 2000
Article Vill Terrorist Financing
Article IX SAFECOM
Article X Reporting Subawards and Executive Compensation
Article XI Procurement of Recov ered Mate vials
Article XII Patents and Intellectual Property Rights
Article XIII Notice of Funding Opportunity Requirements
DHS-FEMA-EMPG-FY 17 Page 27 of 35 City of Kent EMD, E18-099
Article XIV Non-supplanting Requirement
Article XV Lobbying Prohibitions
Article XVI Limited English Proficiency(Civil Rights Act of 1964,Title VI)
Article XVII Hotel and Motel Fire Safety Act of 1990
Article XVIII Fly America Act of 1974
Article XIX Best Practices for Collection and Use of Personally
Identifiable Information(PII)
Article XX Americans with Disabilities Act of 1990
Artole XXI Age Discrimination Act of 1975
Article XXII Activities Conducted Abroad
Article XXIII Acknowledgment of Federal Funding from DHS
Article XXIV Federal Leadership on Reducing Text Messaging while
Driving
Article XXV Federal Debt Status
Article XXVI False Claims Act and Program Fraud Civil Remedies
Article XXVII Energy Policy and Conservation Act
Article XXVIII Education Amendments of 1972(Equal Opportunity in
Education Act)-Title IX
Article XXIX Duplication of Benefits
Article XXX Drug-Free Workplace Regulations
Article XXXI Debarment and Suspension
Article XXXII Copyright
Article XXXIII Civil Rights Act of 1968
Article XXXIV Civil Rights Act of 1964-Title VI
Article XXXV DHS Specific Acknowledgements and Assurances
Article XXXVI Assurances,Administrative Requirements, Cost Principles,
and Audit Requirements
DHS-FEMA-EMPG-FY 17 Page 28 of 35 City of Kent EMD, E18-099
Article XXXVII National Environmental Policy Act
Article XXXVIII Nondiscrimination in Matters Pertaining to Faith-Based
Organizations
Article XXXIX Acceptance of Post Award Changes
Article XL Prior Approval for Modification of Approved Budget
Article XLI Disposition of Equipment Acquired Under the Federal Award
Article XLII Buy American and Hire American
Article I-Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.C.
Section 2409, U S C Section 4712 10 U S.C.Section 2324, 4.1 L7 S C,Sections 430q..and 4310.
Article II-Use of DHS Seal,Logo and Flags
All recipients must obtain permission from their DHS FAO, prior to using the OHS seal(s), logos,crests or reproductions of
flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions
of flags or likenesses of Coast Guard officials.
Article III-USA Patriot Act of 2001
All recipients must comply with requirements of the Unifirar and 91irenigiftening A, rica bv Providinc Aonrooriate Tools
Fteo fired do Interceot and, , ct T non5m Aqt rQSA PATRIQ Ag which amends C.,,6, c Krr4S 1 -17"n
Article IV-Universal Identifier and System of Award Management(SAM)
All recipients are required to comply with the requirements set forth in the government-wide financial assistance 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.
Article V-Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipients currently active grants, cooperative agreements, and procurement contracts from all federal
assistance offices exceeds$10,000,000 for any period of time during the period of performance of this federal financial
assistance 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 C F R. (�_f(_2,G tY. Aooendig„y_.�,the full text of which is incorporated
here by reference in the award terms and conditions.
Article VI-Rehabilitation Act of 1973
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29.U,S.C..sactdon T9 4.as
amended,which provides that no otherwise qualified handicapped individuals 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 VII-Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the
Trafficking Victims Protection Act of 2000, (TVPA)as amended by ser.-lion 7104.The award term is located at 2
C.F.R-section 175.15,the full text of which is incorporated here by reference in the award terms and conditions.
Article VIII-Terrorist Financing
DHS-FEMA-EMPG-FY 17 Page 29 of 35 City of Kent EMD, F18-099
Allred plants 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. Recipients are legally responsible to ensure compliance
with the Order and laws.
Article IX-SAFECOM
All recipients receiving federal financial assistance 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 X-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 22 F_R. Part 170 Acsta dx A.,the full text of which is incorporated here
by reference in the award terms and conditions.
Article XI-Procurement of Recovered Materials
All recipients must comply with Section 6002 of the S fid Asste DlsooaaI Act,as amended try the Resource QgDser ion and.
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Enoironmental
Protection Agency(EPA)at 40 C,F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition
Article XII-Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the, yh-,, lga ;(,.Pub,.'.( ca.95-517. as amended,and codified
in-SOU SwC secl.ion 200 et seq. All recipients are subject to the specific requirements governing the development, reporting,
and disposition of rights to inventions and patents resulting fromfinancial 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 XIII-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 award terms and conditions.All recipients must comply with any such
requirements set forth in the program NOFO.
Article XIV-Non-supplanting Requirement
All recipients receiving federal financial assistance 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 XV-Lobbying Prohibitions
All recipients must comply with 31 U S C section 1352 which provides that none of the funds provided under an federal
financial assistance 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 XVI-Limited English Proficiency(Civil Rights Act of 1964,Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI)prohibition against discrimination on
the basis of national origin,which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance
and information regarding language access obligations, please refer to the DHS Recipient Guidance ftt ,Anrv, hs,ggvj
guidance:published-helo-decartment-sug7••oorted-or yi l-ecces5-pacnle•Irmited and additional
resources on http'dm6 w Iep cLov.
Article XVII-Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,IA j _22254,all recipients must
ensure that all conference, meeting, convention,or training space funded In whole or in part with federal funds complies
DHS-FEMA-EMPG-FY 17 Page 30 of 35 City of Kent EMD, E16-099
with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15
U.S.C.section 2225.
Article XVIII-Fly Amerlca 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
411 Q$)for international air transportation of people and property to the extent that such service is available, in accordance
with the International Air Transportation Fair Competitive Practices Act of 1974(41 U_S_C. sentian 4f 1�18,1 and the
interpretative guidelines issued by the Comptroller General of the United States in the March 31,1981 amendment to
Comptroller General Decision B-138942.
Article XIX-Best Practices for Collection and Use of Personally Identifiable Information(Pit)
DHS defines personally identifiable information(Pill as any information that permits the identity of an individual to be directly
or indirectly inferred, including any information that is linked or linkable to that individual.All recipients who collect Pill are
required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they
collect. Recipients may also find the DHS Privacy Impact Assessments:Privacy Guidance and Privacy template as useful
resources respectively.
Article XX-Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, 11,and III of the Americans with Disabilities Act,which prohibits
recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation,and certain testing entities.(42 LLS G suctions 12101.12213�.
Article XXI-Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42Coft s
seg.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article XXII-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 XXIII-Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,
bid invitations,and other documents describing projects or programs funded in whole or in part with federal funds.
Article XXN-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 XXV-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 QM18 Circular A-123;.)
Article XXVI-False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of!1 U.S.C, section -3733 which prohibits the submission of false or
fraudulent claims for payment to the federal government(See 31 D 11,- 11 which details the administrative
remedies for false claims and statements made.)
Article XXVII-Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 W 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 XXVIII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX
DHS-FEMA-EMPG-FY 17 Page 31 cf 35 City of Kent EMD, E18-099
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (2(1 U.S.C. section 1681'
at sea.),which provide that no person in the United States will,on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial
assistance.DHS implementing regulations are codifed at 6 C.F.R. Part 17 and 44 C ,f�ar'(, ,
Article)(XIX-Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 G.F.R. V', c 4d(D,Sarbpa••'rt E may not
be charged to other federal financial assistance awards to overcome fund deficiencies,to avoid restrictions imposed by
federal statutes, regulations,or federal financial assistance award terms and conditions, or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
Article XXX-Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C.section 8101 of seq.),which requires all
organizations receiving grants from any federal agency agree to maintain a drug-free workplace.You as the recipient must
comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2 CFR part 3001,
which adoptsthe Government wide implementation(2 CFR part 182)of sec. 5152-5158 of the Drug-Free Workplace Act of
1988(Pub. L 100-690,Title V,Subtitle D,41 U.S.C.8101-8107).
Article XXXI-Debarment and Suspension
All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders
(EO.)12549 and 12689 and 2 C.F.R. Part 180.These regulations restrict federal financial assistance 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 XXXII-Copyright
All recipients must affix the applicable copyright notices of 17 UI.S C sections 401 or 402 and an acknowledgement of U.S.
Government sponsorship(including the award number)to any work first produced under federal financial assistance awards.
Article XXXIII-Civil Rights Act of 1968
All recipients must comply with TRIg VIII e Civi Actf 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 IJ.S,IG, Ptdgntj.0_1_j_8N,),as implemented by the
Department of Housing and Urban Development at 24 C.F.R. Part 100-The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units-i.e.,the public and common use areas and individual
apartment units(all units in buildingswith elevators and ground-floor units in buildings without elevators)-be designed and
constructed with certain accessible features. (See 2F.R,%t;4'oan 1pp.241,1
Article XXXIV-Civil Rights Act of 1964-Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(A2 U_a,C.section,2.p00d 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 G F R Part 7
Article XXXV-DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records,accounts, documents, informaton,facilities,and staff.
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 federal financial assistance 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.
DHS-FEMA-EMPG-FY 17 Page 32 of 35 City of Kent EMD, E1 B-099
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, recipients have been accused of discrimination on the grounds of race, color, national origin
(including limited English proficiency(LEP)), sex, age,disability, religion,or familial status, recipients most provide a list of all
such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the
C7k-Lfi,, l'life„q.1...CIu11.. I.gI1tS..6.frKL lyll.4.,6,G8Y1.s_66(CRCL)by e-rrrail at crclCa�t�g.dhs.cgov or by mail at US Department of Homeland
Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington, D.C. 20528.
6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin
(including LEP),sex, age,disability,religion,or familial status against the recipient, or recipients settle a case or matter
alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL
ofFice by e-mail or mail at the addresses listed above.
The United States has the right to seekjudicial enforcement of these obligations.
Article XXXVI-Assurances,Administrative Requirements,Cost Principles,and Audit Requirements
DHS financial assistance recipients must complete either the OMB Standard Form 424E Assurance-hLn-0onstru ion
r : ra ms OF QMB,9Landard Form 4 4 .Assurances-ConetrucionErp., .m Ci atpLe, 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.QF R,-Rart.30 2.
Article XXXVII-National Environmental Policy Act
All recipients most comply with the requirements of the Njitional Einvircottgntal PoliQy Act(NEPA)and the Council on
Environmental Quality(CEQ)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 Matters Pertaining to Fatth-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or
supported by DHS or its component agencies, enabling those organizations to participate in providing important social
services to beneficiaries.All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R.
Part 19 and other applicable statues,regulations, and guidance governing the participations of faith-based orgabzations in
individual DHS programs.
Article XXXIX-Acceptance of Post Avvard Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.
Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASK-GMD0dhs.00v if you have any questions.
Article XL-Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award,you must request prior written approval from
DHS/FEMA where required by 2 C.F.R.Section 200.308. For awards with an approved budget greater than 6150,000,you
may not transfer funds among direct cost categories, programs,functions,or activities without prior written approval from
DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total
budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal
Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires
prior written approval.
DHS-FEMA-EMPG-FY 17 Page 33 of 35 City of Kent EMD, El8-099
Article XLI-Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed
for the onginaI projector program or for other activities currently or previously supported by DHS/FEMA,you must request
instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313,.
Article XLII-Buy American and Hire American
All recipients are required to comply with any applicable provisions of the Buy American Act(41 U.S,C. Sections 8301
through 83D5), and any other applicable statutes, regulations, or rules that require, or provide a preference for,the purchase
or acquisition of goads, products, or materials produced in the United States,
BUDGET COST CATEGORIES
Personnel $2,299,139,00
Fringe Benefits $351,982,00
Travel $115,283,00
Equipment $0.00
Supplies $238,705.00
Contractual 510,757,302.00
Construction $0.00
Indirect Charges 5350,837,00
Other $0,00
DHS-FEMA-EMPG-FY 17 Page 34 of 35 City of Kent EMD, El8-099
__ __ _ m.m..._........_. _._ ....
Obligating Doormumt for Award/Ammumsmt
la.AGREEMENTNO. 2.AMENDMENT NO. 3 4.TYPE OF ACTION 5.CONTROL NO.
EMS-2017-EP-00004-SOI "* RECIPIENT AWARD FY2017RIOEAIPG
NO.
916001095G
6.RECIP=NAME AND 7.ISSUING FEMA OFFICE AND S.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
Washington Military Grant Operations 500 C Street,S.W.,Room 723
Department 245 Mmray Lame-Building 410,SW Washington DC,20472
Building20 Washington DC,20528-7000
Camp Murray,WA,98430- POC:866-927-5646
5122
9.NAME OF RECIPIENT PHONE NO. to.NAME OF FEMA PROIEC T COORDINATOR
PROTECT OFFICER Central S cheduling and Information Desk
Ts¢ah Kincheloe Phone:800-368-6498
EmaU:Askesid@(Us.gov
11.EFFECITVE DATE OF 12. 13.ASSISTANCEARRANGEMDIT 14.PERFORMANCE PERIOD
THIS ACTION METHOD CostRumburstanent From: T.
10/012016 OF 10/012016 09nmai8
PAYMENT
PARS Budget Period
10V012016 09/302018
15.DESCRIP ION OFACTION
a(Indicate funding data for awards or financial changes)
PROGRAM CFDANO. ACCOUNTINGDATA PRIOR AMOUNT CURRENT CUMULATIVENON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT
ACRONYM XXXX:•XXX.X'.XXX,KK. AWARD THIS AWARD
X07: .X)=-X,)=-X ACTION
+OR(.)
Emergency 97.042 2017-17A-Dlll-R107. SOM 37;306,624.00 $7,3 6,624.00 See To Ws
Management -4101-D
Perfnrrmmce
Grants
TOTALS $ODD $7^,624.00 S7,3"424.00 57,M6,624A0
b.To describe changes other than finding data or financial changes,attach schedule and check here.
NIA
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPES OF THIS
DOCUMENT TO FEI,TA(Sec Block 7 for address)
Emergency Maancrucat Paformance Grants recipients are not required to sign and return copies ofthis do cumea However,recipients
should print and keep a copy ofthis document for their records.
16b.FOR DISASTER PROGRAMS RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to tams and conditions attached to this award notice or by incorporated r6crence in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE
Sierra Wardell,Preparedness Grants See6on Program Manager Fri Aug 25 19:59:14 GM
2017
18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE
�r Mon Aug 21 19:57:05 GMT
y 2017
EIMBERLY ERIN PENFOLD,Assistance Officer
DHS-FEMA-EMPG-FY 17 Page 35 of 35 City of Kent EMD, E18-099
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completinq this form.
NAME OF ORGANIZATION DATE SUBMITTED ...m,.,....�
City of Kent - Emergency Management Division / _ q -1
PROJECT DESCRIPTION CONTRACT NUMBER
Emergency Management Performance Grant E18-099
1. AUTHORIZING AUTHORITY
SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE
Suzette Cooke Mayor
t
rf Matthew Morris Fire Chief
------------------
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
SIGt4ATURE PRINT OR TYPE NAME TITLE
✓ Suzette Cooke Mayor
„
Matthew Morris Fire Chief
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
SIGNATURE PRINT OR TYPE NAME TITLE
JI� Jennifer Keizer EM Specialist
...............__....
A John Madsen EM Manager- Division Chief
MAC-1WOL1\HOMEWAREN81_,.\UJP\SIGNAUTH Revised 3/03
2 CFR Part 200 Subpart F Audit Certification Form
Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations
_ ......
_ _..- __ ...., ..... . _
Contact Information
Subreclplent 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 a: 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 subrecipients expending$750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit
Requirements. Your entity is a subrecipient subject to such monitoring by MILIEMD because it is a non-federal entity that expends federal grant
funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted
when completing this form.
Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in a fiscal year shall have
a single or program-specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of
this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, date,
and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this
completed Audit Certification Form may result in delay of grant agreement processing, withholding of federal awards or disallowance of costs,
and suspension or termination of federal awards.
...........__ ....__ .,,,. ........... _ ......-.._. _ .. ...---...-.------------------
XC_L2X_A., lFrifiliftleso the Of4it rQW/rementsf Z gF8 Fairt 20a Sub art F
Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply).
❑ We did not expend $750,000 or more of total federal awards during the fiscal year.
❑ We are a for-profit agency.
❑ We are exempt for other reasons(describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s)in
which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state
agencies and their designees,and that WMD/EMD may request and be provided access to additional information and/or documentation to
ensure proper stewardship of federal funds.
Con2plele the information below and checkcheck,the app iala box}
........._ _.
t d` We completed our last 2 CFR Part 200 Subpart F Audit on[enter dsnsI'9J2JdZ for Fiscal Year ending[enter date] I [ , 'there
were no findings related to federal awards from WMD/&:'.MD.. No follow-up action is required by WMD/EMD as the pass-through entity.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is
either provided electronically to contract%officef mil,wa.aov or provide the state auditor report number,
AO_q _
❑ We completed our last 2 CFR Part 2D0 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] There
were findings related to federal awards.
A complete copy of the audit report,which includes exceptions,corrective action plan and management response, is either
provided electronically to nt .of a. . Lw , or provide the state auditor report number:
❑ Our completed 2 CFR Part 20D 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 pzrnrotfacts.offfcerfDtnli.wa.aov at that time or
provide the state auditor reoort 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 materla findings con ned in audit report/statement have been disclosed.
Additionally, I understand this Form is to be subhe ad' vary ai.ys� r for poh� 1 entity is a subrecipient of federal award
funds from the Department until the grant agreement is o
Signature of Authorized Chief Financial Officer: a, D te:
Print Name &Title: Aaron BeMiller - Finance Director
WMD Form 1009-13,611912013,Updated 902015
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Appointment of Liaison
EMPG Grant Agreement Number E18-099
The Puget Sound Regional Fire Authority appoints the following person as the
liaison for the Memorandum of Understanding between the City and the Kent
Fire Department Regional Fire Authority; this person shall be responsible for
overall administration of the EMPG funded program:
Liaison: Jennifer Keizer, Emergency Management Program Coordinator
MOU, Kent & RFA
EMPG E18-099
EXHIBIT C
INSURANCE REQUIREMENTS FOR
EPMG SUB-AWARD AGREEMENT
Insurance
The RFA shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the RFA, their
agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
RFA shall obtain insurance of the types described below:
1. mgrgllpl general Liabili insurance shall be written on ISO
occurrence form CG 00 01 or its equivalent, with minimum limits of
$3,000,000 per occurrence and in the aggregate for each 1 year
policy period. This coverage may be any combination of primary,
umbrella or excess liability coverage affording total liability limits of
not less than $3,000,000 per occurrence and in the aggregate.
Products and Completed Operations coverage shall be provided for
a period of 3 years following Substantial Completion of the work.
The Commercial General Liability insurance shall be endorsed to
provide the Aggregate per Project Endorsement ISO form CG 25 03
11 85. The City shall be named as an Additional Insured
under the Contactor's Commercial General Liability
insurance policy with respect to the work performed for the
City. All endorsements adding Additional Insureds shall be
issued on form CG 20 10 11 85 or a form deemed equivalent,
providing the Additional Insureds with all policies and
endorsements set forth in this section.
2. Autgm0ft Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
RFA shall maintain the following insurance limits:
1, C mm r i l General Liability insurance shall be written with
minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1 year policy period. This coverage may be any
MOU, Kent & RFA
EMPG EIB-099
EXHIBIT C (Continued)
combination of primary, umbrella or excess liability coverage
affording total liability limits of not less than $3,000,000 per
occurrence and in the aggregate. Products and Completed
Operations coverage shall be provided for a period of 3 years
following Substantial Completion of the work.
2, qutamolajle Lial�i'_W insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability:
1. The RFA's insurance coverage shall be primary insurance as respect
the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the RFA's insurance and
shall not contribute with it.
2. The RFA's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the RFA and a copy of the endorsement naming
the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The RFA's Commercial General
Liability insurance shall also contain a clause stating that coverage
shall apply separately to each insured against whom claim is made
or suit is brought, except with respects to the limits of the insurer's
liability.
D. RFA's Insurance for Other Losses
The RFA shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective
fences.
MOU, Kent & RFA
EMPG E18-099
EXHIBIT C (Continued)
E. Waiver of Subrogation
The RFA and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk
insurance or other property insurance obtained pursuant to the Insurance
Requirements Section of this Contract or other property insurance applicable to the
work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
G. Verification of Coverage
RFA shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the RFA before commencement of the work.
H. Subcontractors
RFA shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the RFA.
MOU, Kent & RFA
EMPG E18-099
PugeSRFA32
Cities Insurance Association of Washington
CERTIFICATE OF COVERAGE Issue Date: 12/15/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES
NOTCONSTITUTE A CONTRACTBET WEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATI VE OR PRODUCER,AND THE CERTIFICATE HOLDER.
.._,.,_-_._................,m.,..,................_.........,,,.._.._._.._-___._.-----------.-------------------------
IMPORTANT ❑the certificate holderls an ADDITIONAL INSURED,the MOC must be endorsed Il SUBROGATION IS WAIVED,sub)ect to the terms and conditions a(the MOC Gertain coverage may
re ui an endorsement A 51aYmmsng on this certificate does net Gender will IS the ott&.ata hraider Irl,lieu al smnh em&em...W re
PRODUCER COMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive CIAW/Munich Re
Ephrata, WA 98823
Phone 509-754-2027 Fax 509-754-3406 AUTOMOBILE LIABILITY
CIAW/Munich Re
INSURED PROPERTY
CIAW/Munich Re et al.
Puget Sound Regional Fire Authority
24611 116th Ave SE
Kent,WA 98030 CRIME I PUBLIC EMPLOYEE DISHONESTY
CIAW/Munich Re
COVERAGES
THIS 15 TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSUREC NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED,NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THE
MOO DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS.
TYPE OF COVERAGE MOC NUMBER MOC EFF I EXP DESCRIPTION LIMITS
DATE DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY CIAVV171847269 12/01/2017 12/01/2018 GENERAL AGGREGATE $25,000,000
OCCURRENCE FORM PRODUCT-CC MP/OP AGG $25.000,000
PERSONAL&ADV.INJURY $15,000,000
EACH OCCURRENCE $15,000,000
(LIABILITY IS SUBJECTTO A 100 000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000
AUTOMOBILE LIABILITY
ANY AUTO CIAVV171847269 12/01/2017 12/01/2018 COMBINED SINGLE LIMIT $15.000,000
(LIABILITY IS SUBJECTTO A 100.000 SIR PAYABLE FROM PROGRAM FUN DS) ANNUAL PROGRAM AGGREGATE NONE
PROPERTY
CIAW171847269 12/01/2017 12/01/2018 ALL RISK PER OCC EXCL EO&FL $100,000,000
EARTHQUAKE PER OCC $15,000,000
FLOOD PER OCC OK-PlFZAW wmm=stMM)$15,000,000
(PROPERTY IS SUBJECTTO A 25,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
CRIMEIPUBLIC EMPLOYEE DISHONESTY
rCAME SUBJECTTO As 25000 PROGRAMSIR) CIAVV171847269 12/01/2017 12/01/2018 PER LOSS $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/SPECIAL ITEMS
Regarding Emergency Management Performance Grant, Grant Agreement Number E18-099, City of Kent is named as
Additional Insured regarding this Agreement only and is subject to coverage terms, conditions, and exclusions. Additional
Insured endorsement is attached. The MOC is primary and noncontributory. Waiver of Tranfer Subrogation is attached,
Separation of Named Insured endorsement is included in the policy.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE PROV ISIONS OF THE MOC.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
City of Kent
220 Fourth Avenue South
Kent, WA 98032
3327348
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE
FOLLOWING:
GENERAL LIABILITY COVERAGE PART
How Coverage is Changed
It is agreed that the interest of any Additional Insured is recognized as their interests may appear,
providing that the certificate of coverage that this is attached to has been issued and is on file with the
Company.
The Limits of Coverage applicable to the Additional Insured are those specified in either the:
1.Written Contract or written agreement; or
2. Declarations for this memorandum, whichever is less.
These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the
Declarations.
Additional Insured:
Cityy of Kent
22, Fourth Avenue South
Kent,WA 9B032
Regardinrt Emergency management Performance Grant,Grant Agreement Number E18099..City of(Kent Is named as
Adddrtionill Insured re[yard�ing this Agreement only and is subject to coverage terms,conditions,and exclusions.Additional
Insured endorsemen((is attaclied a PygC is primmy and non contributory, Waiver of Tranfer Subrogation is attached..
;Seperation of Named Insured endorsement is included in the policy,
Other terms:
All other terms of your MOC remain the same.
3327349
WAIVER OF TRANSFER OF RIGHTS AND RECOVERY
AGAINST OTHERS TO US
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE
FOLLOWING:
LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under
this memorandum whether on a primary, excess or contingent basis, the coverage under this
memorandum is excess of and does NOT contribute with such other insurance.
The coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other
insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be
in excess of this memorandum.
Any person or organizations as shown in the Schedule above, for whom we make a payment under this
coverage must transfer their right to recovery against any other party. After a Claim they must do
everything necessary to secure, and nothing to impair these rights. However, we will waive our right of
recovery against any person or organization as shown in the Schedule above with respect to which the
Insured has waived its right of recovery prior to the Occurrence, Accident or Wrongful Act in an
Insured Contract.
Other terms:
All other terms of your Memorandum of Coverage remain the same.
3327350
Goehrinq, Robert
,a ,a nuuuuuuum m I ,
From: Hills, Chris
Sent: Wednesday, December 20, 2017 7:17 AM
To: Goehring, Robert
Subject: RE:City of Kent - Certificate of Coverage - Puget Sound Regional Fire Authority
Robert,
You can just attach this to the contract and run it through Legal,.
Chris
Chris Hills, ARM-P, CRM, Risk Manager
Risk Management Division I Human Resources Department
220 Fourth Avenue South, Kent, WA 98032
Phone 253-856-5285 1 Fax 253-856-6270
SI)IINOn K'entWA,gov
CII:"ff OF I1CI::IM'1, vddaJSIRT IWllGv°rON
h5entwAW.a2v eb oo k YQI.'n uki..a.�w,
F LEA f .niinio V U/`IIL � K Vf F,iFIOE I P14LNt11Ai411 I � h I�10%Ii
From: Goehring, Robert
Sent: Friday, December 15, 2017 1:28 PM
To: Hills, Chris <CHilis@KentWaTcov>
Cc: Dahl, Deanna <DLDahltoaauF!etsoundfire.org>
Subject: FW: City of Kent-Certificate of Coverage- Puget Sound Regional Fire Authority
Robert A. Goehring, CFE, CPA, City auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 I Fax 253-856-6255
RGQiahti.nq.PK AWA9.py
0.::Ir'll"K Olp IIci N"r, WASlHp:NG"'TON
IKlentWA,gov IFaceb olk You'Iull e
'_rA*F CO PI S I LV E Y Z fINI NAHM l IV Y RFI 0 R L ',i,r hl rYlt tiu AB I -mA1IIL
From: sharnasch@choaseclear.com [mailto:sh:arnasch i,chooseclear.com]
Sent: Friday, December 15, 2017 12:27 PM
To: Goehring, Robert
Cc: efrisby�:a bbseattle.com
Subject: City of Kent - Certificate of Coverage - Puget Sound Regional Fire Authority
Date: 15-DEC-2017
Customer/Account: Puget Sound Regional Fire Authority
Please see the attached certificate of coverage for Puget Sound Regional Fire Authority. Please
review for accuracy upon receipt and advise us if any changes are necessary.
Please note if the certificate holder is not included on this email, it is the broker or member's
t
responsibility to forward to the certificate holder.
Thank you!
Sheila Harnasch
Underwriting Assistant
Underwriting
Email ar.bnj
NOTE Our offs will be closing at noon,Friday, December 22 and will reopen on Tuesday, December 26 at 12:00 PM,
Our office will close at 3:00 PM on Wedirgetsday,December 27 and reopen Thursday,December 28 at 8:00 AM,Our office will Close at noon on Friday,December
29,slid reopen Tuesday, January 2 at 8:00 AM.If you have an emergency,please call(80T)407-202(to speak win our after-hours opef-Mor. Lti requests will
be routed to available staff to assist you. Floppy Holidays.
This communication together with any attachments hereto or links contained herein, a for the sole use of the intended
recipients)and may captain Information That is confidential or legally protected If you are not the Intended recipient you are hereby notified that any review,
dkCIqf Iopying,dissaininalon distribution or front of this comrrwn icalicfri is STRICTLY PROHIBITED_If you have,received flik corniguoication in error,please
1'014 the sender If urrediolely by rptuin e mall fnemfaqe and delete the rii I and all copies of the conni-cUnlCort(of,acid Will I any sitag r raeuts hereto or links
curnaverst PoeroroRo, train yearn erystarri.
NOTE:Claims cannot be reported via a voice mail message. They must be rep rend directly to a claims representative,V13 an email of through a it fax line at 509-
754-3406 Please remember that If You said it via an email or the fax line,you must tol I nw up with-2 Thorn call to coup,the claim has been processed
NOTE A vaguest to bind,alter or cancel insurance coverage must be in writing or byelectronic mall,and not by voice mail message It must be continued in
writing by In authorized representative of Clear Risfk Solutions
<VRC DS>00000332735 I<NRC—DS>
2
PugeSRFA32
Cities Insurance Association of Washington
CERTIFICATE OF COVERAGE Issue Date: 1211512017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE (MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES
NOT CONST ITUTE A CONTRACT BET WEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATI VE OR PRODUCER,AND THE CERT IFICATE HOLDER.
IMPORTANT, If the certlhcate horde n ADDITIONAL INSURE D,the MOC must be endorsed, II SUBROGATION IS WAIVEDsubject to the terms and conditions of the MOC,women coverage may
fe(ulrt,an onsoomemgrytl. A statement on this eth ihcat0 tlu%naX ccnPm ri Ms In the tonirrcas,bottler In Had of such endgeXalMrv!S
PRODUCER COMPANIES AFFORDING COVERAGE
Clear Risk Solutions GENERAL LIABILITY
451 Diamond Drive CIAW 1 Munich Re
Ephrata,WA 98823
Phone 509-754.2027 Fax 509-754-3406 AUTOMOBILE LIABILITY
CIAW 1 Munich Re
INSURED PROPERTY
Puget Sound Regional Fire Authority I I Munich Re at al.
24611 116th Ave SE
Kent,WA 98030 CRIME!PUBLIC EMPLOYEE DISHONESTY
CIAW I Munich Re
COVERAGES
THIS IS TO CERTIFY THAT I HE COVERALLS LISTED BELOW HAVE BEEN ISSUED IC THE INSURED NAMED ABOVE FORT HE COVERAGE PERIOD INDICATED,NOT WITHSTANDING ANY
RECUIREMENT,TERM OR CONDITION OF CONTRACT OR OT HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAI E MAY BE ISSUED OR MAY PFRTAIN,THE COVERAGE AFFORDED BY T HE
MCC DESCRIBED HEREIN IS SUMECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS Or SUCH MOC.LIMITS SHOWN MY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF COVERAGE MOC NUMBER M06 EFF MCC EXP DESCRIPTION LIMITS
DATE DATE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY CIAW171847269 12101/2017 12101/2018 GENERAL AGGREGATE $25,000,000
OCCURRENCEFORM PRODUCT CO MP/OP AGG $25,000,000
PERSONAL&AOV.INJURY $15,000,000
EACH OCCURRENCE $15,000,000
(LIABILITY IS SUBJECT TO A. 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50.000.000
AUTOMOBILE LIABILITY
ANY AUTO CIAW171847269 1210112017 12/0112018 COMBINED SINGLE LIMIT $15,000,000
(LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
PROPERTY
CIAW171847269 12/01/2017 12101/2018 ALL RISK PER OCC EXCL EQ&FL $100,000,000
EARTHQUAKE PER OCC $15,000,000
FLOOD PER OCC F—Int FZ AaV,.Inch I.$11MMI$15,000,000
PROPERTY IS SUBJECT TO A 25,000 SIR PAYA13LE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE
CRIMEIPUBLIC EMPLOYEE DISHONESTY
(CRIME SOBJECTTO A$25000 PRDGRAM SIR) CIAW171847269 12/0112017 12/01/2018 PER OSS $1,000.000
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I SPECIAL ITEMS
Regardin? Emergency Management Performance Grant, Grant Agreement Number E18-099.City of Kent is named as
Ad ltiona Insured regarding this Agreement only and is subject to coverage terms,conditions, and exclusions.Additional
Insured endorsement.is attached.The MOC is primary and non-contributory.Waiver of Tranfer Subrogation is attached.
Seperation of Named Insured endorsement is included in the policy.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE PROV ISIONS OF THE MQC.
CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE
City of Kent .-�c4V
220 Fourth Avenue South `-�S"Tl+l�
Kent, WA 98032
3327340
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE
FOLLOWING:
GENERAL LIABILITY COVERAGE PART
How Coverage is Changed
It is agreed that the interest of any Additional Insured is recognized as their interests may appear,
providing that the certificate of coverage that this is attached to has been issued and is on file with the
Company.
The Limits of Coverage applicable to the Additional Insured are those specified in either the:
1. Written Contract or written agreement; or
2. Declarations for this memorandum, whichever is less.
These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the
Declarations.
Additional Insured:
Cittyv of Kent
220 Fourth Avenue South
Kent,WA 98032
Regar"in
cl Emergency Management Performance Grant, Grant Agreement Number E19-099.City of Kent Is named as,
Additional Insured regarding This Aqregiment only and is subject to coverage terms,canal and exclusions.Additional
Insured endorsement is attached ulta MOC is primary an o nor antnbu8ory.Waiver of Tranfer Subrogation is attached.
'S .
eparation of Named Insured nndorsement is included In the policy.
Other terms:
All other terms of your MOC remain the same.
3327349
WAIVER OF TRANSFER OF RIGHTS AND RECOVERY
AGAINST OTHERS TO US
THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE
FOLLOWING:
LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under
this memorandum whether on a primary, excess or contingent basis, the coverage under this
memorandum is excess of and does NOT contribute with such other insurance.
T he coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other
insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be
in excess of this memorandum.
Any person or organizations as shown in the Schedule above, for whom we make a payment under this
coverage must transfer their right to recovery against any other party. After a Claim they must do
everything necessary to secure, and nothing to impair these rights. However, we will waive our right of
recovery against any person or organization as shown in the Schedule above with respect to which the
Insured has waived its right of recovery prior to the Occurrence,Accident or Wrongful Act in an
Insured Contract.
Other terms:
All other terms of your Memorandum of Coverage remain the same,
3327350
Goehring, Robert ✓� � ��
From: Rolcik-Wilcox, Cheryl
Sent: Tuesday, December 19, 2017 1:38 PM
To: Goehring, Robert
Cc: Martin, Allison; Long, Adam
Subject: RE: Draft MOU (City of Kent and Puget Sound Regional Fire Authority) - EMPG Award
Hi Robert-Adam reviewed the MOU as you revised it, and said it's fine! O - Cheryl x5771
From: Goehring, Robert
Sent: Thursday, December 14, 2017 4:46 PM
To: Rolcik-Wilcox, Cheryl
Cc: Martin, Allison
Subject: RE: Draft MOU (City of Kent and Puget Sound Regional Fire Authority) - EMPG Award
I suspect that he will take me off of his holiday card list for this. Ha! Seriously, at my request,
the RFA is making yet another attempt to enable DIRECT awards of EMPG awards to WA RFAs
and Fire Protection Districts thereby eliminating the need for this MOU in subsequent years.
Robert A. Goehring, CFE, CPA, City auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 I Fax 253-856-6255
RGoeh r i n to CcW edl t W A._
Kent%VB'kgo'v Faa:aknook Youul`uslhe
Vll vI 1111• 11 liik I:4F.U'M .R PtWC, t4". M'AU,
From: Rolcik-Wilcox, Cheryl
Sent: Thursday, December 14, 2017 4:38 PM
To: Goehring, Robert
Cc: Martin, Allison
Subject: RE: Draft MOU (City of Kent and Puget Sound Regional Fire Authority) - EMPG Award
Hi Robert-Just wanted to let you know that this one landed in Adam Long's lap! I'm sure he'll be responding to you
soon! -Cheryl x5771
From: Goehring, Robert
Sent: Monday, December 11, 2017 1:47 PM
To: Keizer, Jennifer
Cc: Rolcik-Wilcox, Cheryl
Subject: FW: Draft MOU (City of Kent and Puget Sound Regional Fire Authority) - EMPG Award
Please replace the below and attached with what I previously provided (I tweaked the draft
MOU) and the cover e-mail provides more of a robust discussion of next steps.
Thanks
Robert A. Goehring, CFE, CPA, City auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
1
Direct Line 253-856-5262 1 Fax 253-856-6255
.[3Sa5l�Barinct��5'..!1tW.A: !)V
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From: Goehring, Robert
Sent: Monday, December 11, 2017 1:46 PM
To: Rolcik-Wilcox, Cheryl
Cc: Brubaker, Tom; BeMiller, Aaron; Brennecke, Lavina
Subject: Draft MOU (City of Kent and Puget Sound Regional Fire Authority) - EMPG Award
Cheryl,
Please see attached draft MOU for Law's review and approval. There were no changes to the
2017 Agreement beyond the following:
• Grant Agreement Reference, i.e. 2018: E18-099 (page 1 and throughout)
• Elimination of the "to be renamed" provision in the opening (page 1)
• Changed commencement date to June 1, 2017, and termination date to August 31, 2018
(page 4 and throughout)
• Section II - Federal, State, and Local Program Requirements (pages 6 - 8). Changes in
certain titles to align with the 2018 Grant Agreement noting no changes in the underlying
requirements
• Section III - Monitoring and Reporting Requirements (page 9). Change in reference to
the federal grant requirements to align with "new" federal requirements
• Signatures. Change for new Fire Chief and new Mayor (page 12)
Attachments:
Self-explanatory noting that the E18-099 (Grant Agreement) attached has not been signed
(pending)
Discussion:
Pursuant to a request from Internal Audit, the RFA will be speaking to representatives from the
WA Military Department (EMPG state grantor agency) regarding the possibility of the state
awarding this grant DIRECTLY to the RFA (as well as other WA RFAs and Fire Protection
Districts). Currently, pursuant to federal grant requirements, only cities, counties and tribal
governments with emergency management programs are eligible to receive these
funds. Hopefully, the state can obtain a waiver given that, in the opinion of Internal Audit,
certain RFA's and Fire Protection Districts can and do provide emergency management
services. If successful, the grant would not touch the City's financial accounting system and
there would be no need for a MOU or a (City) consultant services agreement.
Next Steps.,
1, The Grant Agreement was approved by Operations and the City Council and signed by the
Mayor; however, will not be presented to the RFA Governance Board until January 16,
2018 (at which time the Fire Chief is expected to sign the Grant Agreement).
2
2, Today Internal Audit will send the draft MOU and Exhibit C to HR - Risk Management for
review and approval for insurance
3. Upon receipt of the signed Grant Agreement and approval by Law/HR, I will finalize the
proposed MOU and prepare two originals.
4, Subsequent to January 16, 2018, I will provide the proposed MOU (two originals) to the
Mayor for review and approval. Review and approval by the Operations Committee or City
Council is not required.
5. Internal Audit will provide the signed MOU (both originals) to the RFA for consideration
and approval at the Board's next meeting (after which the Fire Chief would sign the MOU)
6. Internal Audit provide the fully executed MOU (with the related Contract Cover Sheet) for
filing and recording to the City's document imaging system, and will provide the other
original to the RFA
7. Likely in February the City will execute a Consultant Services Agreement with Miller
Consulting, Inc. for site visits/monitoring of the EMPG Award
Thanks
Robert A. Goehring, CFE, CPA, city Auditor
Audit I Finance
220 Fourth Avenue South, Kent, WA 98032
Direct Line 253-856-5262 I Fax 253-856-6255
Rai. rin :�.ya'.'.?�.tWA..�GOy
CUrY OF KEINT, WA,7,.nHANGTO114
Krent.W A.gov N"ac(eflDP3ok W"o8WT&&IfSe
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