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FI18-108 - Original - S.K. Consulting - Monitoring Services for Emergency Management Performance Grant (E18-099) - 03/19/2018
KEN9 T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Cleric's Office. All portions are to be completed. If you have qluestions, please contact the City Clerk's Office at 253-856-5725. El Blue/Motion Sheet Attached El Pink Sheet Attached Vendor Name: S.K. Consulting ...........................--------- Vendor Number (JDE): 1251611 ------------ - Contract Number (City Clerk): .................... Category: Contract Agreement ................... Sub-Category (if applicable): ChQQS(,� �Hl iL(3 11, .......................... Project Name: Monitoring Services - Emergency Management Performance Grant ...................... Contract Execution Date: March 20, 2018 Termination Date: Dec 31, 2018 Contract Manager: Robert Goehring Department: Finance ........................-........................ Contract Amount; $1,500 Approval Authority: [Director El Mayor 0 city council Other Details: The City is re '.q4lred to perform_„grant Monitoring activities designed ..Monitoring............ to ensure that EMPG grant requirements are met. The City does not have the pre- ...........—-_ ................ requisite knowledge or expertise to perform these monitoring services. S.K. Miller Consulting-,-h"as-a-g,re,Lm-d-to-",prerfo -- rrmthese-a-c�tiviti"as-,o,n-beh-dff-of-th-e--City-.---"---,-,-"-"-,- KEo T cords Management Document Re CONTRACT COVER SHEET This is to be completed by Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. IF you have questions, please contact the City Clerk's Office at 253-856-,5725. F-I Blue/Motion Sheet Attached El Pink Sheet Attached Vendor Name: S.K. Consulting ................ Vendor Number (JDE): 1251611 ................. Contract Number (City Clerk): Category: Contract Ament Sub-Category (if applicable): Choose aiii-ii Project Name: v Monitoring Services - Performance Grant e Erner n Management P Emergency............... I...................... Contract Execution Date: March 20, 2018 Termination Date: Dec 31, 2018 ...............-- Contract Manager: Robert Goeh Department: Finance Contract Amount: $1,500 ......................... Approval Authority: R(director El Mayor [:1 City Council Other Details: The-C.Ity is requir9A-tP--p9rfQEM rgr@_r1t_monitorina activities designed to ensure that EMPG grant requirements are met. The City does not have the pre- F6-46isif-e" k-n-o-w-de'd-d'"e—or expertise to perform these monitoring services. S.K. Miller rt Goehrin2, Robe. . From: Rolcik-Wilcox, Cheryl Sent: Tuesday, February 06, 2018 3:36 PM To: Goehring, Robert Cc: Long, Adam Subject: FW: Draft Consultant Services Agreement (SK Miller Consulting) - EMPG Award Monitoring Services 1-1i Robert—Adam and P both looked it over and it looks fine! Be sure when you get the proof of insurance that it includes both the insurance certificate and the endorsement, then You should be good to go! —Cheryl x5771 From: Goehring, Robert Sent: Wednesday, January 31, 2018 8:54 AM To: Rolcik-Wilcox, Cheryl Cc: BeMiller, Aaron Subject: Draft Consultant Services Agreement (SK Miller Consulting) - EMPG Award Monitoring Services Cheryl, Please see attached draft Consultant Services Agreement for Law's review and approval. Key considerations: • This will not be sent to the Consultant until AFTER the related MOU (City/RFA) has been signed by the Fire Chief and by the Mayor (expect full execution within the next two weeks at the most) • There were no changes to the 2017 CSA (also attached) beyond reference to a different EMPG Award (E18-099 v. E17-136) and period (calendar year 2018 v. 2017') • Submittal for review and approval of insurance by Chris Hills will be sent shortly Background: Federal grant requirements (and the City's MOU with the RFA) requires that the City perform site visits to ensure that the RFA is complying with the terms and conditions of the Grant Agreement. SK Miller Consulting has provided these services the last two years and, previously, these services were performed by the City of Auburn via an ILA (Auburn discontinued this service). The owner of SK Miller Consulting actually performed these services for Auburn as a (then) employee of the City. Discussion: The proposed CSA provides for a' maximum payment of $1,500 for these services. Accordingly, Director-level approval only required Next Steps: 1. Please advise via responding e-mai8 your review and approval of the attached CSA (Word version also attached). 2. Subsequent to Law's final review and approval (and that of Chris Hills) and execution of the related MOU, I will provide two original contracts to, the consultant for review and signature. 3. Subsequent to receipt of the signed contracts and "evidence of insurance"*, I will provide both originals to Aaron for review and approval 4. Subsequent to full execution, I will provide one of the originals (with the related Contract Cover Sheet and Law/Chris's, approval e-mail) to the City Clerk's Office for filing and recording the to the City's document imaging system, and will provide the other original to the Consultant. 5. Finance will create a purchase order for the full amount of the contract 6. 1 will provide appropriate notification to the RFA (preliminary notification provided in December) * I will provide the "evidence of insurance" to Chris Hill's for review and approval. Thanks Robert A. Goehring, C'FE, CPA, City Auditor Audit I Finance 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5262 1 Fax 253-856-6255 RGoehrinq(c)KentWA.Gov CITY OF KENT, WASHINGTON KentWA.gov Faceboo,k YouTube PI EASE CONSIDER GPI". r3i:`IORE,PIRTAT'1�141G ➢H IS E rd A I I 2 G©ehrin , Robert � u From: Hills, Chris Seat: Monday, March 12, 2018 9A5 A To: Goehri'ng, Robert Cc: BeMiller, Aaron Subject: RE: Kent RFA Monitoring Services CSA (SK Miller) -Insurance Robert, All good. Submit all with your contract. 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 chills(g)KentWA.cgov CITY OF KENT,WASHINGTON KentWA.aov Facebook YouTube 9 �h.4SE CW'4xNOEI. I HE EN`c`MOfedMEYetP BEFORE PIElh49I'4G rI!T S E 1iAPk_ From: Goehring, Robert Sent: Monday, March 12, 2018 9:38 AM! To: Fulls, Chris<CHills kentwa,gov> Cc: BeMiller, Aaron<ABeMiller@kent a. ov> Subject: Kent RFA Monitoring Services CSA(SK Muller) Insurance Chris, Please see attached insurance "certificates" from Sarah Miller, SK Miller Consulting for your review and approval: • Commercial General Liability Policy (98-68-A477-0): Expires February 17, 2019 Automobile Excess Liability Policy (PE30002496): Expires June 6, 2618 Additional Insured (98-138-A477-0) Partial ** * Pursuant to my request, Sarah obtained an updated policy (previous expired in Feb 2018) ** The contract term extends beyond June 2018; however, I assume that Sarah won't be able to renew this policy until closer to the expiration date(?) *** In an e-mail received today, Sarah asked if we needed the entire policy document (I assume "yes", but wanted to clear this through you) Thanks Robert A. GOehring, CFE, CPA, City Auditor Au6t I Finance 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5262 1 Fax 253-856-6255 RGoehrinoC(b KentWA.Gov CITY of KEN'T, WASHINGTON Kent 'A.gov Facebook You.uTuabe PLEASE ".4114nll:',P R CMVf Iw 11MI`u KB^R PSI NT P"R,Grt ilNG IHA; IS MAtP„ KENT W.S. r ., CONSULTANT SERVICES AGREEMENT between the City of Kent and S.K. Miller Consulting THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and S.K. Miller Consulting organized under the laws of the State of Washington, located and doing business at 610 H Street Northeast, Auburn, WA 98002 (253) 293-5781 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant will perform subrecipient monitoring services as identified Exhibit A with respect to the City's Emergency Management Performance Grant (hereafter "EMPG), identified as Grant Agreement No. E18-099 which is attached as Exhibit B, both Exhibits which are incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I and provide the monitoring reports to the City by forty-five (45) days each time after the Puget Sound Regional Fire Authority has submitted a reimbursement request to the Washington State Military Department under Grant Agreement No. E18-099, effective January 1, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $1,500, plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit a written invoice to the City for the cost of the services provided pursuant to this Agreement after each related monitoring report for the Grant Agreement has been provided to the City. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 ($20,000 or Less) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT- 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any CONSULTANT SERVICES AGREEMENT- 3 ($20,000 or Less) dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reouired. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT- 4 ($20,000 or Less) K. Counterparts and Signatures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CIT F klll�NT: K By: By: ture)K Print��ae Print Name: Aaron BeMiller Its: 0 t""'i —77 Its: Finance D rector (title) DATE: 31 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Sarah K. Miller Robert Goehring, City Auditor S.K. Miller Consulting City of Kent 610 H Street Northeast 220 Fourth Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 293-5781 (telephone) (253) 856-5262 (telephone) (facsimile) (253) 856-6255 (facsimile) JTP this field,you may enter the ePectronic filepath where the contract has been saved CONSULTANT SERVICES AGREEMENT- 5 ($20,000 or Less) DECLARATION CITY OF DENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities, 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: OL EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A CONSULTANT SERVICES AGREEMENT Scope of Work and Price Proposal EMPG Grant Agreement Number E18-099 Consultant Services Agreement S.K. Miller Consulting l�j « rF1 V I January 25, 2018 Robert A, Goehring City Auditor City of Dent 220 Fourth Ave. S Kent, WA 98032 RE: Scope of Work and Price Proposal _ EMPG Grant Subrecipient Monitoring. Mr. Goehring, I'm pleased to submit this Scope of Work and Price Proposal pursuant to your request for an EMPG grant subrecipient monitor, My company proposes to do the following • Provide a qualified subject matter expert with previous experience as both an EMPG Administrator and an EMPG Subrecipient Monitor. • Conduct grant monitoring of entities that the City of Kent passes EMPG monies through to.. • Verify that grant activities conform to laws, rules, and procedures that are specific to the EMPG grant program. This will be done through: • Review of performance reports • Monitoring and documentation of completed agreement deliverables, to include review of exercise after-action reports, training records, funded event reports, purchases, personnel expenditures, anid other performance items listed in the grant agreement o Review of documentation required to address all of the above, including e-mails, documented phone calls, invoices, training and exercise rosters, etc. • On-site visits as necessary to view equipment and other items that cannot be provided electronically. • Provide monitoring services no more than four (4) and not less than two (2) times per EMPG grant cycle, to coincide with established EMPG reporting requirements. • Create a report for each monitoring period, to be delivered to the City of Kent, which details whether or not grant provisions have been met. Please note that specific recommendations related to the monitoring findings will not be made. If deficiencies are found, they will be specifically noted, however no corrective action recommendations will be made. For, these services, my company will charge a flat fee of $1500 for each EMPG grant cycle, to be paid in two equal installments over the course of the subrecipient monitoring agreement. This fee is inclusive of all vehicle use, mileage, tolls, office space, supplies, and any other costs that may be associated with carrying out the activities specified above. Thank you for the opportunity to submit this proposal. If you have any questions, please contact me via e-mail at sarah(a)skmillerco.n.s,ulting.com or via phone at 253-293-5781. Sincerely, ry Miller Principal 2 1 P EXHIBIT B CONSULTANT SERVICES AGREEMENT Grant Agreement EMPG Grant Agreement Number EIS-099 Consultant Services Agreement S.K. Miller Consulting RE C E"E.I V E 1") Washington State Military Department JAN 16 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE S44,I;-To 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Graht'AdittugA= City of Kent Emergency Management Division $70,697 El 8-099 24611 11 Gth 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 jdkeizer@puglef,soundfire.org June 1,2017 August 31,2018 7. Department Contact, phonelemail: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): Gary Stumph,(253)512-7483 gary.stumph@mil.wa.gov 020253613 173-000-002 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):#&Title: EMS-2017-EP-00004-S01 0812412017 97.042(17EMPG) 14, Total Federal Amount#: 15. Program Index#&OBJISUB-OBJ: 16. TIN: $7,306,624 773PT NZ I NIA 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 11, 33,47 King Certified?: X N/A 11 NO (BY CONGRESSIONAL DISTRICT) 1:1 YES, OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): El Personal Services r_1 Client Services X Public/Local Gov't El Contract X Grant X Agreement 13 Research/Development ❑ AYE 1:1 Other 11 Intergovernmental (RCW39.34) El interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) X 'To all who apply&qualify" E3 Competitive Bidding 171 Private Organization/Individual El For-Profit 0 Sole Source 0 A/E Rcw El NIA X Public Organ ization/Jurisdiction 171 Non-Profit 1:1 FiIedw/OFM? El Advertised? EIYES ONO El CONTRACTOR X SUBRECIPIENT El 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)/Federal Emergency Management Agency(FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan, The Department is the Recipient and Pass-through Entity of the 17EMPG Award EMS-2017-EP-00004-S0I,which is incorporated in and attached hereto as Attachment#11, 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 matchinq 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 5. General Terms and Conditions,and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified b FOR THE M Nr F OR TJ4 E5U-0 I 0, EPART Sig pat u��W' Date n, tune Date ef Financial Officer Sup Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Sign,at 4 Date " !e (Signature on Me 911212017) MatthX Morris, Fire Chief Brian E. Buchholz, Sr.Assistant Attorney General I APPROfID AS applicable): �LppliQan Leq_III ,view Da e Q I'"" Farm 05i 12/201 DHS-FEMA-EMPG-FY 17 Page 1 of 35 City of Kent EMD, El B-099 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE 1. 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 I 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 253-612-7483 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 253-512-7456 Name John Madson Name Dalton Gamboa Title Division Chief-Emergency Title Program Assistant E-Mail jmadson@pugetsoundfire.org E-Mail dalton.gamboa@mil.wa.gov Phone 253-856-4316 Phone 253-512-7044 ARTICLE [I. 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, E18-099 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 DHSIFEMA 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.go , 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-1 9 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements m il.wa.g ov 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. 91 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 DFIS-FEMA-EMP&IFY 17 Page 3 of 35 City of Kent EM D, E 18-099 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 equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. 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 G) 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://mil.wa.gov/emergencv- management-division/grants/required_qrantforms, 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. NHS-FEMA-EMPG-FY 17 Page 4 of 35 City of Kent EMD, E18-099 ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. 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. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. 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 hftp: .fema.gov/authori zed- �ment-list. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program, and includes items, that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment- The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. cl. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eliglible 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. 6. 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 hftps://www.fema.-q ovloffice-en viron mental-pl an n i ng-and-h istoric-preservation, 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, El 8-099 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 hftp:Hmil.wa.gov/emergency-management- division/grants/reguired-grantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement, c. Monitoring activities may include, but are not limited to: i. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables fli. documentation of phone calls, meetings, e-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. observation and documentation of Agreement related'activities, such as exercises, training, funded events, and equipment demonstrations vi. on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d, The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. 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 EMIT, E 18-099 Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title V1 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 hftps://www.dhs.gov/guidance-published-help- del2artment-supported-or_qanizations-provide-meaningful-access-peo le-limited and additional resources on ov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and!vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation, b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 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 hftps://www.fema.gov/media-libraly/assets/documentstl30743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEIVIA, 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.&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 (WAC) 118-09. I 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 CFIR Part 200. An DHS-FEMA-EMPG-FY 17 Page 8 of 85 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://www.fema.gov/pdf/emerqggc /nims/nims training ro, ram.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 su,brecipient 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, El B-099 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants AA 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"sub recipient" 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. AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The 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 hftp://mil.wa.gov/em:er ency-management- division/grants/re quiredgranfforms. 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, El 8-0919 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' uDebarred Contractor List" (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.asp . The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www.des,wa.gov/services/ContractingPurchasing/Business/PagesNendor-Debarment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for 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. K9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars,, and/or policies. This obligation includes, but is not limited to:nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service(RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), 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 11 to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal 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 forAward 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 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 (OSHAIWISHA) 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 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subreciplent agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement(the"records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under 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 WORKIWORK 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, FEIVIA 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 (includinp all AMENDMENTS) 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 (GALAS) 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 auditabl'e 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, Oiff ice 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" (hftt)s://www.mil.wa.gov/emer qency-managemen�t-division/grantslrgg aired'grantforms)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, El 8-099 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 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, 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 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 Z;ency ManagemZnmt MOrganization City of Kent Emergency Management Division The purpose of EMPG is to assist with the enhancement,sustainment and improvement of state,local,and tribal emergency management programs.Activities conducted using EMPG funding should relate directiy to the five elements of emergency management:prevention, protection,response,recovery,and mitigation, Washington State does not require a specific number ofactivities 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 emergLricy management program planning and priority focus for this grant cycle(to include 17EMPG grant and local funds). SmaH Tools and Equipment Office Supplies 177T77 Printing Fees Community Outreach/Public Education OEM= ow WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 CERT-Deliver FEMA courses and refresher With continued classes/trainings being I 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(RFA)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 is better prepared to respond and more resilient to a disaster 2 Conduct specialized CERT/Preparedness Classes TO successfully educate our community in all the A more resilientI .. community prepared for and able for local businesses,neighborhoods,and schools. aspects of disaster preparedness so that they can to respond to a disaster. help mitigate loss and help our community rebuild after a disaster. 3 Participate in multiple community events Focus is on communitysafety 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 IS BEING DONE RESULT OF THE WORK 1 Participate in multiple community events wearing By participating in events,it provides I a I I c 11 hance 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 Dam National Night Out,The Great Shakeout, processes.as well as,provide an oppiortunityfor communications kit andvan. Finding possible Emergency Activations and More volunteer training. gaps in communications when relying on I emergency power. 2 Purchase equipment(laptops,radios,generator) To create/enhance a redundant emergency A robust communications system to support City for enhancement of emergency communications, communications system, and Regional emergencies and planned events. Exercises I Tra inings WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK I Participate in the design,conduct,and evaluation To continue to enhance out capabilities through Successful participation,completed AARs of at least three exercises during the performance testing,exercise,and training. identifying areas for improvement,and for period, participants to be able to better respond to an ... ....... incident/eveRt. 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 order to fully maximize ECC displays,etc.that is able to operate effectively in service days. lcapabilities. an incident/event/disaster. DHS-FEMA-EMPG-FY 17 Page 21 of 35 City of Kent EMD, El 8-099 3 Conduct trainings and/or send City Staff:/Fire To increase job skills and knowledge in Emergency More fully trained staff and volunteers who are Staff/Volunteers to career development Managerrrent functions, better able to respond to an incident/event. workshops,seminars,conferences and training for Emergency Management,. Operational Capabilities WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Z -Continue to identify enhancements in Drills,exercises,and activations have identified a Greater communication and functionality to functionality and 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 ECG. .2 Acquire radio equipment for ECC communication To improve cache of emergency communication Increased ability to communicate during exercises capability equipment by updating out of date equipment and activations. and/or equipment that is reaching its end of life. 3 Develop and train volunteers to support multiple To have fully trained volunteers to assist in the The ability to call upon our trained volunteers to functions/processes within the ECG and/or ECC in both exercises and activations as per L'WAC assist within the.ECC during preparedness, disaster preparedness/recovery 118-04 mitigation,and recovery efforts. d Acquire equipment to improve operational Events and activations highlighted the need for A full functioning staging area that is able to readiness for an outdoor staging area. operational items to assist with on-scene respond to an event/incident/exercise. activities. 5 Improve Emergency Management Mobile EM vehicles(Van/Truck/Trailer)are not fully Mobile emergency response fleet available to resource capabilities capable to support emergency operations. support operations for local and regional emergency and planned events. Public Information and Warning WORK PLANNED WHY THE WORK IS 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 widl 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 for information and education purpeses. how to respond, to respond to an emergency or event. DHS-FEMA-EMPG-FY 17 Page 22 of 35 City of Kent EMD, E1 B-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, 2018 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 17EK0PGAWARD SOLUTION AREA CATEGORY ompG AMOUNT K0atchAK8OUmT Salaries $ UX Travel/Per Diem Subtotal $ Indirect $ Indirect Cost Rate TOTAL Grant Agreement AMOUNT. $ 70,697 $ 70,697 ° The Subrecipient will provide a match of$70,697 of-non-federal origin, 50%of the total project cost(Local budget plus EN\PBmvxand). ° 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.8. Department of Homeland Security-Pl#773PT—Ey0PG DMS'FEMA'ElVlP8'FY17 Page 24nf35 City of Kent EK8D. E18'099 Attachment 1 17EMPG Award Document EM a-2017-EP-00004-S01 taw aunt L etticr U.S. Department of Homeland Secudty Washington,D.C.20472 Bret Daugherty Washington Military Department Building 2C Camp Murray„WA98430-5122 Re:Grant No.EMS-2917-EP-00004 Dear Bret Daugherty. Congratulations,on behalf of the 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$7 306,624.(k(1. As a condition of this award,you are required to contribute a cost match in the amount of$7306624.00 of non-Federal funds, or 50 percent of the total approved project costs of$14,613,248.00. Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award. By accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your award: Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) FY 2017 Emergency Management Performance Grants Notice of Funding Opportun ty. Please make sure you read,understand,and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms,please follow these instructions: Step 1:Please log in to the ND Grants system at hups,//partal.fema.gov, Step 2':After logging in.you will see the Home page with a Pending Tasks menu.Click on the Fending Tasks menu,select the .application sub-menu,and then click the link for"Award Offer Review'tasks.This linkwill navigate you to Award Packages that are pending review. Step 3:Click the Review Award Package icon(wrench)to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management(SAM):Grant recipients are to keep all of their information up to date in SAM,in particular, your organization°s name,address,DUNS number,EIN and banking information. Please ensure thatthe DUNS number used in SAM is the same one used to apply for all FEMA awards.Future payments will be contingent on the information provided in the SAM;therefore,it is imperative that the information is correct.The System for Award Management is located at hjtp�L www. M.aov. If you have any questions or have updated your information in SAM,please let your Grants Management Specialist(GMS) know as soon as possible.This will help use to make the necessary updates and avoid any interruptions in the payment process. DHS•FEMA-EMPG-FY 17 Page 25 of 35 City of Kent EMD, E18-099 SHARON LYNN LOPER Regional Administrator DHS-FEMA-EMPG-FY 17 Page 26 of 35 City of Kent EMD,E18-099 AgreementArtic&s Sat Gct01 00:0ROO GMT Ct16__.__ U.S.. Department of Homeland Security Washington,D.C.20472 ND S AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS-2017-EP-00004-SO1 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 Act of 1973 Article VI "trafficking Victims Protection Act of 2000 Article Vlll Terrorist Financing Article IX SAFECOM Article X Deporting Subawards and Executive Compensation Article XI Procurement of Recovered Materials Article XII Patents and Intellectual Property Rights Article XIII Notice of Funding Opportunity Requirements DHS-FEMA-EMIP,G-FY 17 Page 27 of 35 City of Kent EMIT, 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 Article XXI Age Discrimination Act of 1975 Article XXII Activities Conducted Abroad Article XXII I 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 XXXI I Copyright Article XXXI I I Civil Rights Act of 1968 Article XXXI V 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 1-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,Al-U.S.C.Sections 4304 and 4310. Article II-Use of DHS Seal,Logo and Flags All recipients must obtain permission from their DHS FAO,prior to using the DHS seal(s),logos,crests or reproductions of flags or likenesses of DHS agency officials,including use of the United States Coast Guard seal,logo,crests or reproductions of flags or likenesses of Coast Guard officials. Article III-USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strenglhenim America tU Providing Appropriate Tools Required to Intercept and Obstrug(Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C.sections 175-175c. Article IV-Universal Identifier and System of Award Management(SAKI) 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 2C.F.R. Part 25, ApRuadix 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 2 C.F.R. Part 200. Appendix XII 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.section 794,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 govemment wide award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000,(TVPA)as amended by 22 U.S.C.section 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 Vlll-Terrorist Financing DHS-FEMA-EMPG-FY 17 Page 29 of 35 City of Kent EMD, E18-099 All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with,and the provisions of resources and support to,individuals and organizations associated with terrorism. 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 govemment-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R.Part 170.Appgndix 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 Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XII-Patents and Intellectual Property Rights Unless otherwise provided by law,recipients are subject to the 6ayh-Dole Act.Pub, L.Nq.96517, as amended,and codified in 35 U.S.C.section 200 et seq.All recipients are subject to the specific requirements governing the development,reporting, and disposition of rights to inventions and patents resulting from Financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R.section 401.14. Article 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 nonfederal 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 https:/Hvww.dhs.ciov/ guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on bW71/www.lepp.gpv. Article XVII-Hotel and Motet Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C.section 2225a all recipients must ensure that all conference, meeting,convention,or training space funded in whole or in part with federal funds complies DNS-FEMA-EMPG-FY 17 Page 30 of 35 City of Kent EMD, E18-099 with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended,15 U.S.G.section 2225. Article XVIII-Fly America Act of 1974 All recipients must comply with Preference for U.S_Flag Air Carriers(air carriers holding certificates under 49 U.S.C.section 41102 for international air transportation of people and property to the extent that such service is available,in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.section 40118)and the interpretative guidelines issued by the Comptroller General of the United States in the March 31,1981 amendment to Comptroller General Decision B-138942. Article XIX-Best Practices for Collection and Use of Personally Identifiable Information(Pp) DHS defines personally identifiable information(PII)as any information that permits the identity of an individual to be directly or indirectly inferred,including any information that is linked or linkable to that individual.All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PI 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, II,and III of the Americans with Disabilities Act,which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation,and certain testing entities.(42 U.S-C.sections 1 21 01-1 221 3). Article XXi-Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S.Code.section 6101 at sec.),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 XXIV-Federal Leadership on Reducing Text Nlessaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.Q. 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 Ail recipients are required to be non-delinquent in their repayment of any federal debt Examples of relevant debt include delinquent payroll and other taxes,audit disallowances,and benefit overpayments.(See OMB Circular A-129. Article XXVI-False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U_S.C.section 3729-3733 which prohibits the submission of false or fraudulent claims for payment to the federal governmenL(See 31 U.S.C.section 3801-3812 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 U.S.C.section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act Article XXVIII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX DHS-FEMA-EMPG-FY 17 Page 31 of 35 City of Kent EMD,E18-099 All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 20 U.S.0 section 1681 et sea. ,which provide that no person in the United States will,on the basis of sex, be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any educational program or activity receiving federal financial assistance.OHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R.Part 19 Article XXIX-Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R.Part 200. Subpart 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 6101 et 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 adopts the 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 (E.O.)12549 and 12689.and 2 C.F.R. Part 180.These regulations restrictfederal 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 U.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 Title VI ll of the Civil Rights Act of 1968 which prohibits recipierrts from discriminating in the sale, rental,financing,and advertising of dwellings,or in the provision of services in connection therewith, on the basis of race,color,national origin,religion, disability,familial status,and sex(42 U.S.C.section 3601 et sea.1,as implemented by the Department of Housing and Urban Development at 24 C.F.R.Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e.,the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features.(See 24 C.F.R.section 100.201.) Article XXXN-Civil Rights Act of 1964-Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C.section 2000d et 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 arty program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R.Part 21 and 44 C.F.R. Part 7. Article XXXV-DHS Specific AcknovAedgements 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, infomration,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 OHS 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 must provide a list of all such proceedings, pending or completed,including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties(CRCL)by e-mail at crcl a�hg.dhs.aov or by mail at U.S.Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington,D.C.20528. 6.In the event 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 Assurances-Non-Construction Programs.or OMB Standard Form 4240 Assurances-Construction Programs as applicable.Certain assurances in these documents may not be applicable to your program,and the DHS financial assistance office may require applicants to certify additional assurances.Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200,and adopted by DHS at 2 C.F.R. Part 3002. Article XXXVII-National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on Environmental Quality(CEO)Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients to use all practicable means within their authority,and consistent with other essential considerations of national policy,to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic,and other needs of present and future generations of Americans. Article XXXVIII-Nondiscrimination in Matters Pertaining to Falth-Based Organizations It is DHS policy to ensure the equal treatment of faiitii-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 organizations in individual DHS programs. Article XXXV-Acceptance of Post Avmrd 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 charges to the award. Please call the FEMAIGMD Call Center at(866)927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article XL-Prior Approval for Modification of Approved Budget Before making any change to the DHSIFEMA approved budget for this award,you must request prior written approval from DHSIFEMA where required by 2 C.F.R. Section 200.308.For awards with an approved budget greater than$150,000,you may not transfer funds among direct cost categories, programs,functions,or activities without prior written approval from DHSIFEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget DHSIFEMA last approved. You must report any deviations from your DHSIFEMA approved budget in the first Federal Financial Report(SF425)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,Ell 8-099 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 original project or program or for other activities currently or previously supported by DHS/FEMA,you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.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 8305), and any other applicable statutes, regulations,or rules that require,or provide a preference for,the purchase or acquisition of goods, products,or materials produced in the United States. BUDGET COST CATEGORIES Personnel $2,299:139.00 Fringe Benefits $851,982.00 Travel S 115,283.00 Equipment S0_00 Supplies S238,705.00 Contractual S10,757,302.00 Construction $0.00 Indirect Charges S350,837.00 Other $0.00 DHS-FEMA-EMPG-FY 17 Page 34 of 35 City of Kent EMD, E18-099 Obligating Doc®entfor Award/Araeadment 1a AGREIDAENTNO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO. EMS-2017-EP-00004-SOI •#* RECIPIENT AWARD FY2017R10EMPG NO. 916001095E 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND S.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS Financial Services Branch Washington Military Grant Operations 500CStrcat S.W.,Room723 DepaRment 245 MwrayLane-Building 410,SW Washington DC,20472 Building 20 Washington DC,20528-7000 Camp Murray,WA,98430- POC:866 927-5646 5122 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJEC T COORDINATOR PROJECT OFFICER Central Scheduling and Information Desk TuzahKinchcloc Phone:800-368-6498 Email:Askcsid@dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGIMIENNT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: PA 10101I1016 10/01/2016 09l30/2018 PAYMENT Budget Period PARS 10/01/2016 09/30/2018 15.DESCRIPTION OFACTION a.(indicate Evading data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVENON NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX-XXX-3C}0.3=- AWARD THIS AWARD XX3=XXX-XXXX-X ACTION +OR(-) Emergency 97.042 2017-FA-DIII-R107- $0.00 $7,306,624.00 $7,306,624.00 See Totals Management 4101-D Performance Grants TOTALS SOAO S7,306,624.00 $7^624.00 S7,306/624M b.To describe changes other than funding 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)COPIES OF THIS DOCUMENT TO FEMA(Sec Block 7 for address) Emergency Management Pcrformancc Grants recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy ofthis document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOTREQUIRED TO SIGN This assistance is subjectto tams and conditions attached to this award notice or by incorporated reference inprogram legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Sierra Wardell,Preparedness Groats section Program Manager Fri Aug 25 19.59.14 GMT 2017 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Mon Aug 21 19:57.05 GMT 2017 IUM BERLY 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 completing this form, NAME OF ORGANIZATION DATE SUBMITTED City of Kent - Emergency Management Division 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 Matthew Morris Fire Chief 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE ............ Suzette Cooke Mayor C�' Matthew Morris Fire Chief 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Jennifer Keizer EM Specialist John Madson EM Manager- Division Chief MAC-1\V0L1\H0ME\KARENB\....WMIGNAUTH Revised 3M 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations Contact Information Subrecipient Name(Agency,Local Government,or Organization): City of Kent, WA Authorized Chief Financial Officer(central accounting office): Aaron BeMil[er Address: 220 Fourth Avenue South Kent, WA 98032 Email: abemiller@kentwa,gov Phone#: 253-856-5260 Purpose: As a pass-through entity of faderall grant funds, the Washington Military Department/Emergency Management Division(Department) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verify that subreciplents expending$750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIL/EMIT 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 wiltP your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing,withholding of federal awards or disallowance of costs, and suspension or termination of federal awards, SECTION fit: Entities NOT subject to the audit ire quirementsof 2 CPR Part 200 Subpart F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because(check all that apply): El We did not expend$750,000 or more of total federal awards during the fiscal year. El We are a for-profit agency. Ll 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 prograrn(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, SECTION B.* EnLifies that ARE subLect to the audit requireMents oft CFR fart 200 Sub art F (Complete the information below and check the appropriate box) We completed our last 2 CFR Part 200 Subpart F Audit on[enter clatej'��17 for Fiscal Year ending[enter date] jig/;i I I There were no findings related to federal awards from WMD,IEMD. No follow-up action is required by WMD/EMD as the pass-through entity. A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided electronically to contracts-0ffiq9ft_mi Lwa.gov or provide the state auditor report number, 10 1 q5� El We completed our last 2 CFR Part 200 Subpart F Audit on[enter date]_for Fiscal Year ending[enter date] There were findings related to federal awards. A complete copy of the audit report,which includes exceptions,corrective action plan and management response,is either provided electronically to cointracts.office@mil.wa.-gov or provide the state auditor report number: El Our completed 2 CFR Part 200 Subpart F Audit will be available on_[enter date]for Fiscal Year ending ---____fenter date]. We will provide electronic copy of the audit report to contra0s.office@mil.wa_qov at that time or __.provide the state auditor number: I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, 11 certify that the above information is true and correct and all relevant material findings con ned in audit report/statement have been disclosed. for a]ye r f Additionally, I understand this Form is to be submitted svery Nor ich s a subrecipient of federal award funds from the Department until the grant agreement is , o Signature of Authorized Chief Financial Officer: . ff icell _Pate: Print Name &Title: Aaron BeWillor - Finance Director *M0 F orm 1009 13,811912013,Updated 919;2015 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 G1. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. CSA, Kent & S.K. Miller Consulting E M PG E 18-099 EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CSA, Kent & S.K. Miller Consulting EMPG E18-099 AC"R" CERTIFICATE OF LIABILITY INSURANCE P A 02/IMIDDI 8YY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or,be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Scott Hubert Its Pvl`Lt�i"i` ( H Scott Hubert Insurance Agency Inc. PHONE 253-833.3030 AaC 253 8 33 8919 6 1 E Ma'in St Ste 140 EAMAIL o.Fx�1,._ _ r,No) scoff scotthllbertdnsurnce corn _ I�EI b ADDRESS ... ..._ .. .w_.,... _,... ........... .. ..._m.. ., _... Auburn,'WA98002 _. G COVE RAGE N ICO _.. INSURER A: State Farm Fire and Casualty Company _. 25143 ...INSURED INSURER.B:: Sarah Kathryn WIler INsuRER c 610 H St NE INSURER D: ..... ....... Auburn,WA 98002 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER.: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE,BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS:SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -INS ADIIL SOER...... ....._ ., ,..._ __ —.",._. �".INSD POLICY NUMDCR �,.�.-..mm,-.-, MM/D-------YY MmOiveaCY.E"."� _,...,._... ...... _,,. TYPE OF INSURANCE POLE y,p DAYN'YY� LIMI1rS ,..._MMERCIAL GENERAL LIA131LITY S 2,000 000 EACH OCCURRENCE __.....,. � CLAIMS-MADE �� OCCUR, DAIJIAGE TO RENTED _. _..-.... ... �.. �--PREM ISES EEa accclrrEnca) $ 300,000 _ .. MED EXP(Any one pe°son) $ 5,000 A Y 98-B8-A477-0 02117/2'018 02/1712019 __.. _ �. _I_ ..,......._ _ PERSONAL&ADV INJURY ffi 2 000 000 +GEN"L AGGREGATE LIMIT APPLIES PER; GENERALAGGRLGAtL S 4.000000 POLICY JECT L]LOC PRODUCTS COMPIOP AGG $ 4 000,000 OTHER: l $ C6I4161NFO SINGLE LIMIT $ AUhl T4OalLE LIABILITY I QEa 1oo�dent)-..-i ANY AUTO ( BODILY INJURY tPLr per cn) $ OWNED j SCHEDULED i AUTOS ONLY AUTOS d RZ,10.]Il Y INJURY(Per aeIdern) '$ I HIRED J - NON-OWNEC h [" ------- I I f R --...PROPER'TY DAMAGE $ AUTOS ONLY ...,..i AUTOS ONLY Per accdcrtt)_ $ UMBRELLA L1A8' 'Y CPr.Ag1w1S 1�7ADE'� EACI I OCcl.lrt'r'�FN(,E ^m OCCUR EXCESS LIAR _- ..�. ,AGGREGATE„ $. DEn RETENTION S s WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE _ ER ANY PRONRIErORIP;AN lNErfEXECUTIVJ- E.L EACH ACCIDENT i s OFFIC21MEMBER FXCI UOFrr) N t A , ,.,. ,. .— _ ..._ _.-. (Mandatory in NHI 'E,L DISEASE-EA EMPLOYEE,'S..����.. If yos,descrEbe under ........._. .....-...._. DESCRIPTION OF OPERA-noNS below .'E.L DISF..ASE-POI ICY I_IIVIIT S i f I I i DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES tACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE: EXPIRATION', DATE THEREOF, NOTICE WILL BE DELIVERED IN Additional Insured: ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENT 220 4th Ave s Kent,WA 98032 O 1988-2015 ACORD CO fvAT40 . All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1001406 134349,t2 03_ICr-2016 ndirrenn 98-B8-A477-0 017347 CMP-4786 CO). . Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. CMP4786 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98-B8-A477-0 Named Insured: MILLER SARAH KATHRYN 610HStNE AUBURN WA 98002-4388 Name And Address Of Additional Insured Person Or Organization: CITY OF KENT 220 4TH AVE S KENT WA 98032-5895 1. SECTION II — WHO IS AN INSURED of b. Products-Completed Operations SECTION II — LIABILITY is amended to in- "Your work" performed for that additional clude, as an additional insured, any person insured and included in the "products- or organization shown in the Schedule, but completed operations hazard". only with respect to liability for "bodily inju- 2. Any insurance provided to the additional in- ry", "property damage", or "personal and ad- sured shall only apply with respect to a claim vertising injury" caused, in whole or in part, made or a "suit" brought for damages for by: which you are provided coverage. 3. Primary Insurance. The insurance afforded a. Ongoing Operations the additional insured shall be primary insur- (1) Your acts or omissions; or ance. Any insurance carried by the additional insured shall be noncontributory with respect (2) The acts or omissions of those acting to coverage provided by you. on your behalf; There will be no refund of premium in the event in the performance of your ongoing opera- this endorsement is cancelled. tions for that additional insured; or All other policy provisions apply. CMP-4786 m,Copyright,State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Enumclaw Property & Casualty Insurance Company MUTUAL OF 1460 Wells Street, Enumclaw,WA 98022 mutualof E N U M C LAW 1-800 366-5551 INSURANCE Insured: Agent: JONATHAN C MILLER FENIX INSURANCE INC SARAH K MILLER 903 E ST SE 610 H ST NE AUBURN, WA 98002 AUBURN WA 98002 (253)735-3355 #00001042 Renewal Excess Liability Policy Declarations Policy Number: Policy Period: Effective Date: PE30002496 From: 06/06/2017 06/06/2017 To: 06/06/2018 At 12:01 AM Standard Time. Policy is continuous until cancelled. Item 1. Limit of Liability $1,000,000 Per Occurrence Item 2. Policy Premium $200.00 (This is not a bill. Do not pay this amount.) Item 3. Schedule of Underlying Insurance: The insured agrees: 1) that insurance policies providing the coverages specified below, if applicable, are in force and will be maintained in force as collectible insurance for at least the required minimum limits stated; 2) to insure all motor vehicles owned, leased by or used by the insured; 3) to insure all residence premises owned, leased by or leased to the insured; 4) to insure all recreational vehicles owned, leased by or used by the insured; 5) to insure all watercraft owned by the insured. Type of Policy Required Minimum Limits Automobile and Licensed Recreational Vehicle Bodily Injury -250,000 each person/ Comprehensive Personal Liability And -500,000 each occurrence Premises Liability Property Damage - 100,000 each occurrence Unlicensed Recreational Vehicle Liability OR Watercraft Liability Single Limit -300,000 each occurrence Policy Forms and Endorsements attached at inception: PE0006 0207; PE 0002WA 0113; ME 00 01 1015 These Declarations,together with the Personal Excess Liability Policy provisions and endorsements, issued to form a part thereof, complete the above policy. You may pay your premium in full or installments. If you pay your premium in installments you may be subject to an additional charge for each installment.Additional charges may also be due if your payment is not received by the due date or is not honored by your financial institution.All charges are shown on your billing statements and are subject to change. 05/05/2017 Insured Copy Page 1 of 1 PE0005 0316 PE30002496 Enumclaw Property & Casualty Insurance Company MUTUAL OF 1460 Wells Street, Enumclaw,WA 98022 mutualofenumclaw.com E N U M C L A W 1-800-366-5551 INSURANCE Insured: Agent: JONATHAN C MILLER FENIX INSURANCE INC SARAH K MILLER 903 E ST SE 610 H ST NE AUBURN, WA 98002 AUBURN WA 98002 (253)735-3355 #00001042 Renewal Excess Liability Policy Declarations Policy Number: Policy Period: Effective Date; PE30002496 From: 06/06/2018 06/06/2018 To: 06/06/2019 At 12:01 AM Standard Time. Policy is continuous until cancelled. Item 1. Limit of Liability $1,000,000 Per Occurrence Item 2. Policy Premium $200.00 (This is not a bill. Do not pay this amount.) Item 3. Schedule of Underlying Insurance: The insured agrees: 1) that insurance policies providing the coverages specified below, if applicable, are in force and will be maintained in force as collectible insurance for at least the required minimum limits stated, 2) to insure all motor vehicles owned, leased by or used by the insured, 3) to insure all residence premises owned, leased by or leased to the insured; 4) to insure all recreational vehicles owned, leased by or used by the insured; 5) to insure all watercraft owned by the insured. Type of Policy Required Minimum Limits Automobile and Licensed Recreational Vehicle Bodily Injury -250,000 each person/ Comprehensive Personal Liability And -500,000 each occurrence Premises Liability Property Damage - 100,000 each occurrence Unlicensed Recreational Vehicle Liability OR Watercraft Liability Single Limit -300,000 each occurrence Policy Forms and Endorsements attached at inception: PE0006 0207; PE 0002WA 0113; ME 00 01 1015 These Declarations, together with the Personal Excess Liability Policy provisions and endorsements, issued to form a part thereof, complete the above policy. You may pay your premium in full or installments. If you pay your premium in installments you may be subject to an additional charge for each installment. Additional charges may also be due if your payment is not received by the due date or is not honored by your financial institution, All charges are shown on your billing statements and are subject to change. 0 Ca 0 510 612 01 8 Insured Copy Page 1 of 1 PE0005 0316 PE30002496