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GRA2019-007 - Original - Puget Sound Regional Fire Authority - MOU: Emergency Management Perofrmance Grant #E19-150 - 06/01/2018
T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Puget Sound Regional Fire Authority Vendor Number (]DE): Contract Number (City Clerk): (Irc- 1 001 Category: _Grant Related Agreement (Non-Real Property) Sub-Category (if applicable): None Project Name: MOU: EMPG Grant Agmt #E19-150 6/1/2018 8/31/2019 Contract Execution Date: Termination Date: R. Goehring Finance Contract Manager: Department: Contract Amount: Budgeted: ❑ Grant? Part of NEW Budget: Local: ❑ State: �✓ Federal: ❑ Related to a New Position: Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: Director �✓ Mayor ❑ City Council Other Details: Emergency Management Performance Grants HOMELAND SECURITY AWARD MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KENT AND PUGET SOUND REGIONAL FIRE AUTHORITY EMERGENCY MANAGEMENT PERFORMANCE GRANT GRANT AGREEMENT NUMBER E19-150 This Memorandum of Understanding (MOU), entered into this day of , between the City of Kent, a Washington municipal corporation (hereinafter the "City") and the Puget Sound Regional Fire Authority, hereinafter the "RFA", a Washington municipal corporation formed in accordance with Chapter 52.26 RCW. RECITALS WHEREAS, the City is an applicant for Emergency Management Performance Grant ("EMPG") funds (Catalogue of Federal Domestic Assistance-CFDA 97.042) under Public Law 113-76, as amended by Post-Katrina Emergency Management Reforms Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (Title 6 U.S.0 Chapter 762, Section 662, Public Law 109-295, Title 6 U.S.C. 762, as amended by Earthquake Hazards Reduction Act of 1977, Public Law 95-124, Title 42 U.S.0 7701, as amended by Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, Title 42 U.S.0 5121, as amended by National Flood Insurance Act of 1968, Public Law 90-448, Title 42 U.S.0 4001; and WHEREAS, the City desires to contract with the RFA for the performance of certain eligible activities described within this MOU; and WHEREAS, it is appropriate and mutually desirable that the RFA be designated by the City to undertake the aforementioned eligible activities, so long as the requirements of the EMPG award, Homeland Security regulations, and state and local laws are adhered to, as provided for herein; and WHEREAS, the purpose of this MOU is to provide for cooperation between the City and the RFA, as the parties to this MOU, in the provision of such eligible activities; and WHEREAS, the parties are authorized and empowered to enter into this MOU pursuant to the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards aka the Common Grant Rule (2 CFR Part 200), Chapter 39.34 RCW, and/or by the Constitution and the enabling laws of the State of Washington; NOW THEREFORE, For and in consideration of the terms and conditions provided in this MOU, the parties mutually covenant and agree as follows: MOU, Kent& RFA EMPG E18-099 i INDEX To MOU SECTION I - GENERAL CONDITIONS.................................................................................................I...... A. Scope Of MOU..........................................................................................................................1 B. Scope Of Project.......................................................................................................................1 C. Purpose And Primary Objective ..................................................................................................1 D. Commencement And Termination Of MOU ...................................................................................2 E. Administration .........................................................................................................................2 F. Compensation And Method Of Payment.......................................................................................2 G. Eligible Costs ...........................................................................................................................3 H. Operating Budget.....................................................................................................................3 I. Amendments ...........................................................................................................................3 J. Assignment And Subcontracting .................................................................................................4 K. Hold Harmless And Indemnification.............................................................................................4 L. Project Close-Out .....................................................................................................................4 M. Insurance................................................................................................................................5 N. Conflict Of Interest...................................................................................................................5 O. Suspension And Termination Of MOU ..........................................................................................5 SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS ....................................................... A. Subawards And Contracts By Subrecipient...................................................................................6 B. Reimbursement And Budget Requirements..................................................................................6 C. Reporting Requirements............................................................................................................6 D. Equipment And Supply Management...........................................................................................7 E. Environmental and Historical Preservation...................................................................................7 F. Procurement............................................................................................................................7 G. Subrecipient Monitoring.............................................................................................................7 H. Limited English Proficiency (Civil Rights Act Of 1964 Title VI).........................................................7 I. NIMS Compliance.................................................................................................................... 7 J. EMPG Program Specific Requirements.........................................................................................7 K. DHS Terms And Conditions........................................................................................................7 L. EMPG Work Plan.......................................................................................................................7 M. Public Information ....................................................................................................................8 N. Other Federal And State Requirements .......................................................................................8 O. Local Requirements ..................................................................................................................8 SECTION III - MONITORING AND REPORTING REQUIREMENTS ................................................................... A. Monitoring...............................................................................................................................8 B. Fiscal Reporting Responsibilities.................................................................................................9 C. Audits.....................................................................................................................................9 SECTION IV — RECORDKEEPING REQUIREMENTS ...................................................................................... A. Program Records and Inspections............................................................................................. 10 B. Financial Records ................................................................................................................... 10 C. Records Of Program Operations, Management And Evaluation...................................................... 11 D. Procurement Records.............................................................................................................. 11 E. Nondiscrimination And Equal-Opportunity Records ..................................................................... 11 F. Conflict Of Interest................................................................................................................. 11 G. Verification Of Subcontractor's Eligibility.................................................................................... 12 MOU, Kent&RFA EMPG E18-099 �� SECTION I - GENERAL CONDITIONS A. SCOPE OF MOU The agreement between the parties shall consist of this MOU and its signature page; the recitals page; the general conditions and any special conditions; the federal, state and local program requirements; the monitoring and reporting requirements; the recordkeeping requirements; each and every project exhibit, appendix, and attachment incorporated into the MOU; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This MOU supersedes any and all former agreements applicable to projects attached as Exhibits to this MOU. B. SCOPE OF PROJECT The RFA shall use the funds provided herein only to perform the activities authorized by this MOU and as set forth in the Washington State Military Department Grant Agreement No. E19-150 (Grant Agreement), which is attached as Exhibit A and incorporated by this reference. This MOU may be amended in writing from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. C. PURPOSE AND PRIMARY OBJECTIVE The purpose of the Grant Agreement (Exhibit A) is to provide U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs to support and enhance those programs as described in the 16EMPG Work Plan (Exhibit C of the Grant Agreement). Pursuant to Section III Purpose of the Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority, the RFA performs the following services on behalf of the City: Fire Prevention, Emergency Management, and Fire Investigation Services. Further, Exhibit C Office of Emergency Management of the Interlocal Agreement requires the RFA to apply for and manage all disaster recovery grants, Emergency Performance Grants, and other public assistance grants. Emergency Management Performance Grants (EMPG) can only be awarded to cities, counties and tribes with emergency management programs. Therefore, the RFA is not eligible to receive Emergency Performance Grants (EMPG) directly from the Washington State Military Department. Because the RFA administers the City's emergency management program, the City is providing the EMPG funds received pursuant to the Grant Agreement to the RFA. MOU, Kent and RFA EMPG E19-150 D. COMMENCEMENT AND TERMINATION OF MOU This MOU will commence on June 1, 2018 and will terminate on August 31, 2019, unless otherwise extended in writing through an amendment to the Grant Agreement. No work on a project funded by this MOU shall occur prior to June 1, 2018. The RFA shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. Costs incurred prior to start date of this MOU will not be reimbursed. This MOU is contingent upon the availability of funds to be allocated through federal appropriations. Therefore, should funds to support RFA's services not be made available through anticipated federal appropriations, this MOU shall immediately terminate without risk or liability to the City and without obligation to disburse funds or to reimburse RFA any funds expended in anticipation of funding availability. All work shall be done at RFA's own risk, and RFA shall be responsible for all losses associated with services provided before the City issues its written notice to proceed. All acts consistent with the authority of the MOU and prior to the date of the MOU's execution are hereby ratified and affirmed, and the terms of this MOU shall be deemed to have applied. E. ADMINISTRATION 1. The RFA shall appoint a liaison person who shall be responsible for overall administration of EMPG funded project(s) and coordination with the City's Finance Department. The person appointed shall be designated in Exhibit B, which is attached and incorporated by this reference. The RFA shall also designate one or more representatives who shall be authorized to submit the A-19 Invoice Form and completed Reimbursement Spreadsheet (in the format provided by the Washington State Military Department) detailing the expenditures for which reimbursement is sought, which are established through the Grant Agreement. 2. The RFA shall provide ten (10) days written notice to the City of any changes in program personnel as established through this MOU and Article I Key Personnel of the Grant Agreement. F. COMPENSATION AND METHOD OF PAYMENT 1. The City shall reimburse the RFA only for eligible costs allowed pursuant to, and in an amount not to exceed the amount specified, in the Grant Agreement, and according to the procedures developed by the City of Kent. Reimbursement shall be based on the A-19 Invoice Form, and completed Reimbursement Spreadsheet, which shall be submitted to the Military Department by the RFA's authorized representative. 2. The RFA shall submit an A-19 Invoice Form and completed reimbursement no later than the due dates listed within the Timeline (Exhibit D of the Grant MOU, Kent and RFA 2 EMPG E19-150 Agreement), but not more frequently than monthly. The City reserves the right to demand and recover reimbursements made for ineligible costs. G. ELIGIBLE COSTS 1. All costs incurred must be reasonable and of a nature which clearly relate to the specific purposes and end product of the Grant Agreement under which the services are being performed. Care must be taken by all concerned in incurring costs to assure that expenditures conform to these general standards and the following criteria for eligibility of costs. 2. To be eligible for reimbursement, costs must: (a) Be necessary and reasonable for proper and efficient execution of the contractual requirements and in accordance with an approved budget. (b) Be no more liberal than policies, procedures, and practices applied uniformly to other activities of the Agency. (c) Be accorded consistent treatment through application of account policy and procedures approved and/or prescribed herein. (d) Not be allowable under or included as costs of any other federal, state, local or other agency-financed programs in either prior or current periods. (e) Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of publication or materials, or other income or refunds. (f) Be fully documented. H. OPERATING BUDGET The RFA shall apply the funds received from the City under this MOU in accordance with Exhibit E Budget of the Grant Agreement. I. AMENDMENTS Either party may request modifications in the scope of permissible activities, terms, or conditions of this MOU. Proposed modifications which are mutually agreed upon shall be incorporated by a written amendment to this MOU. Subsequent to the execution of this MOU, it may be amended in recognition of EMPG grant agreements accepted by the City. These amendments, if any, will be routed to the Mayor and Fire Chief for approval and do not require approval by either the Kent City Council or the Kent Fire Department Regional Fire Authority Governance Board. MOU, Kent and RFA 3 EMPG E19-150 J. ASSIGNMENT AND SUBCONTRACTING 1. The RFA shall not assign any portion of this MOU without the written consent of the City, and it is further agreed that said consent must be sought by the RFA not less than fifteen (15) days prior to the date of any proposed assignment. 2. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this MOU and proper bidding procedures to the extent herein. K. HOLD HARMLESS AND INDEMNIFICATION 1. The RFA agrees that it is financially responsible and liable to the City for any audit exception or other financial loss to the City which occurs due to the RFA's negligence or failure to comply with the terms of this MOU unless such audit exception or other financial loss is the result of the City's negligence or failure to comply with the terms of this MOU in which case the City shall be financially responsible for such audit exception or other financial loss. 2. The RFA further agrees to defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of any person(s), including RFA's employees or third parties on account of personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the RFA and/or its agents, employees, volunteers, subcontractors, or representatives under this MOU. 3. The City further agrees to defend, indemnify, and hold the RFA, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of any person(s), including City's employees or third parties on account of personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the City and/or its agents, employees, volunteers, subcontractors, or representatives under this MOU. L. PROJECT CLOSE-OUT The RFA acknowledges and agrees that the amounts set forth in the Grant Agreement shall be used only to reimburse the RFA for eligible costs incurred by the RFA during the period set forth in said Grant Agreement and that upon expiration of such period, or upon earlier termination pursuant to this MOU, the RFA shall have no interest in any said amount which is not required to reimburse the Agency for eligible costs incurred before such expiration or earlier termination. MOU, Kent and RFA EMPG E19-150 4 M. INSURANCE The RFA shall maintain insurance in the types and amounts set forth in Exhibit C, which is attached and incorporated by this reference. N. CONFLICT OF INTEREST A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of the City or the RFA who exercises any functions or responsibilities in connection with the planning and carrying out of the City EMPG program or the RFA's project, or any other person who exercises any functions or responsibilities in connection with the City's Finance Department, shall have any personal financial interest, direct or indirect, in the MOU, and the City and RFA shall take appropriate steps to assure compliance. B. Interest of Subcontractor and Their Employees - The RFA agrees that it will incorporate into every contract or subcontract, which is required to be in writing and made pursuant to this MOU, the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City EMPG program has any personal financial interest, direct or indirect, in this MOU. The Contractor further covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his/her services hereunder. The Contractor further covenants that in the performance of this MOU, no person having any conflict of interest shall be employed. Any actual or potential conflict of interest on the part of the Contractor or his/her employees must be disclosed to the RFA and the City. O. SUSPENSION AND TERMINATION OF MOU 1. Suspension for Failure to Perform - In the event of a failure to comply with any terms or conditions of this MOU or failure to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to withhold all or any part of payment, suspend all or any part of the MOU, or prohibit the RFA from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is, in addition to and not in lieu of, the City's right to terminate the MOU pursuant to Paragraph (2) of this Subsection 0. 2. Termination of MOU by the City - This MOU is subject to termination upon thirty (30) days written notice by the City to the Agency in the event that: (a) The RFA mismanages or makes improper or unlawful use of EMPG funds; (b) The RFA fails to comply with any term or condition expressed herein or any applicable federal, state, or local regulations or ordinances; MOU, Kent and RFA 5 EMPG E19-150 (c) EMPG funds no longer become available from the federal government or through the City; (d) The RFA fails to carry out activities required by this MOU; or (e) The RFA fails to submit reports or submits incomplete or inaccurate reports in any material respect. 3. Termination of MOU by the RFA - This MOU is subject to termination upon thirty (30) days written notice by the RFA to the City in the event that: (a) The City fails in its commitment under this MOU to provide funding for services rendered, as herein provided; or (b) EMPG funds no longer become available from the federal government or through the City. 4. Unless otherwise terminated pursuant to Paragraphs (2) and (3) of this Subsection 0, this MOU shall terminate on the termination date specified in Section I Subsection D of the MOU and shall be subject to extension only by mutual agreement and amendment in accordance with Section I Subsection I of this MOU. 5. Upon termination of this MOU, any unexpended balance of Grant Agreement funds shall remain with the City. 6. In the event termination occurs under Paragraph (2) of this Subsection 0, the RFA shall return to the City all funds that were expended in violation of the terms of this MOU, if any, including, but not limited to, any unexpended EMPG funds distributed to the RFA under this MOU, any accounts receivable, or any assets or interests therein of any type and in any form acquired, leased, or rehabilitated with EMPG monies. SECTION II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS A. SUBAWARDS AND CONTRACTS BY SUBRECIPIENT The RFA will comply with all requirements as reflected in Article II Section A - Subawards & Contracts By Subrecipient of the Grant Agreement. B. REIMBURSEMENT AND BUDGET REQUIREMENTS The RFA will comply with all requirements as reflected in Article II Section A - Budget & Reimbursement of the Grant Agreement and Section I Subsection F Compensation And Method of Payment of the MOU. C. REPORTING REQUIREMENTS The RFA will comply with all requirements as reflected in Article II Section A - Reporting of the Grant Agreement and Section I Subsection F Compensation And Method of Payment of the MOU. MOU, Kent and RFA 6 EMPG E19-150 D. EQUIPMENT AND SUPPLY MANAGEMENT The RFA will comply with all requirements as reflected in Article II Section A - Equipment And Supply Management of the Grant Agreement. E. ENVIRONMENTAL AND HISTORICAL PRESERVATION The RFA will comply with all requirements as reflected in Article II Section A - Environmental And Historical Preservation of the Grant Agreement. F. PROCUREMENT The RFA will comply with all requirements as reflected in Article II Section A - Procurement of the Grant Agreement. G. SUBRECIPIENT MONITORING The RFA will comply with all requirements as reflected in Article II Section A - Subrecipient Monitoring of the Grant Agreement. H. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The RFA will comply with all requirements as reflected in Article II Section A - Limited English Proficiency (Civil Rights Act Of 1964 Title VI) of the Grant Agreement. I. NIMS COMPLIANCE The RFA will comply with all requirements as reflected in Article II Section A - NIMS Compliance of the Grant Agreement. J. EMPG PROGRAM SPECIFIC REQUIREMENTS The RFA will comply with all requirements as reflected in Article II Section B - EMPG Program Specific Requirements of the Grant Agreement. K. DHS TERMS AND CONDITIONS The RFA will comply with all requirements as reflected in Article II Section C - DHS Terms And Conditions of the Grant Agreement. L. EMPG WORK PLAN The RFA will administer the EMPG award in accordance with the Work Plan established through Exhibit C FY 2018 EMPG Work Plan of the Grant Agreement. MOU, Kent and RFA 7 EMPG E19-150 M. PUBLIC INFORMATION 1. In all news releases and other public notices related to projects funded under this MOU, the RFA shall include information identifying the source of funds as the City of Kent EMPG program. 2. Pursuant to Exhibit B Part A.23 Publicity of the Grant Agreement, the RFA agrees to submit to the Washington Military Department prior to issuance all advertising and publicity matters relating to the Grant Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The RFA agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. 3. The RFA acknowledges that this MOU and any other information provided by it to the City and/or relevant to the project(s) described in the Exhibit(s), are subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW, except to the extent specifically exempted from disclosure therein. N. OTHER FEDERAL AND STATE REQUIREMENTS The absence of mention in this MOU of any other federal or state requirements, which apply to the award and expenditure of federal funds made available by this MOU, is not intended to indicate that those federal or state requirements are not applicable to RFA activities. The RFA shall comply with all other federal and state requirements relating to the expenditure of federal funds, including but not limited to the Hatch Act (5 U.S.C. § 15) regarding political activities and the Architectural Barrier Act of 1968 (42 U.S.C. § 4151, et seq.). O. LOCAL REQUIREMENTS The activities performed under this MOU are for the purposes of serving residents of the RFA service area and the RFA shall, to the extent reasonably possible, not use said funds to provide services outside the RFA service area, or for any other purpose, except as specifically authorized by this MOU. SECTION III - MONITORING AND REPORTING REQUIREMENTS A. MONITORING Article II Administrative And/Or Financial Requirements Section A - Subsection 7 Subrecipient Monitoring of the Grant Agreement reflects that the Military Department will monitor the activities of the Sub-grantee from award to close-out. The RFA understands and agrees that it will be monitored by the City and the Military Department from time to time to assure compliance with all terms and conditions of this MOU and all applicable local, state, and federal laws, regulations, and promulgated policies. Monitoring by the City under this MOU may include, but MOU, Kent and RFA 8 EMPG E19-150 not be limited to on-site inspections by City staff. The City reserves the right to contract with another local government or other contracting party to perform this service. The RFA shall provide to the City a copy of any Military Department monitoring report no later than thirty (30) days after the issuance of the report to the RFA. The RFA shall provide to the City its response and corrective action plan for all areas of concern contained in the monitoring report. B. FISCAL REPORTING RESPONSIBILITIES The RFA shall provide fiscal statements or reports as may be required from time to time by the City, which statements or reports, or both, must indicate the status of all accounts and funds being used to perform under this MOU. The RFA shall maintain proper documentation and records of all expenditures incurred pursuant to the terms of this MOU in a manner as will facilitate auditing by the Department of Homeland Security, the Washington Military Department, and/or the City. C. AUDITS 1. If the RFA expends a total of $750,000 or more in federal financial assistance and has received federal financial assistance from the City during its fiscal year, it shall have an independent audit conducted of its financial statement and conditions, which shall comply with the requirements of generally accepted auditing standards (GAAS); General Accounting Office (GAO's) Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards aka the Uniform Guidance (2 CFR Part 200), as amended, and as applicable. Such audits are to be performed by the Washington State Auditor's Office (SAO). The RFA shall provide a copy of the audit report to the City no later than thirty (30) days after the audit's completion or (6) months subsequent to the end of the RFA's fiscal year, whichever date is sooner. The RFA shall provide to the City its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audit to a Management Letter or other correspondence made by the auditor, the RFA shall provide copies of those communications and the RFA's response and corrective actions plan. 2. The Catalog of Federal Domestic Assistance (CFDA) number for the EMPG program is 97.042. MOU, Kent and RFA 9 EMPG E19-150 SECTION IV — RECORDKEEPING REQUIREMENTS A. PROGRAM RECORDS AND INSPECTIONS The RFA shall make, maintain, and preserve books and records, of whatever form, detailing all EMPG-related expenditures and costs incurred by the RFA. All such books and records shall be made available to representatives of the City or the Military Department, or both, for formal inspection and, where necessary, copying. Intentional noncompliance with this provision shall constitute a material breach of this MOU. Throughout the term of this MOU, the RFA shall establish and maintain current the records described in this Section. These records shall conform to the requirements and specifications of their individual source authorities, which are cited herein. Be advised that the listing in this Section is intended only to assist the RFA in identifying the required records and their respective authorities, and is not all inclusive. 1. Time for Retention of Records - Except where otherwise specifically provided, all records as of the end of the term of this MOU shall be kept in an accessible file for at least six (6) years following final payment and closure of the grant under the Grant Agreement. 2. Contract and Amendments - A complete copy of this MOU and all amendments thereto and notices there under. 3. Records of City Approvals - Copies of all requests for amendments or revisions to this MOU and the City's subsequent approval or denial of such requests as are required under this MOU. 4. Subcontracts and Agreements - Complete copies of all contracts, subcontracts, and agreements with third parties into which the RFA enters in the performance under this MOU; and all correspondence, reports, and other documentation pertaining to such contracts, subcontracts, and agreements. 5. Additional Contract Requirements - The RFA shall submit to the City a copy of the most recent independent financial audit and a current list of the RFA's board of directors. B. FINANCIAL RECORDS The RFA shall maintain all accounting records that accurately record the source and application of all funds; and recording funds received under this MOU, all other receipts, assets, authorizations and appropriations, obligations, disbursements and unobligated balances. The records must: 1. Permit comparison of actual outlays with budgeted amounts; 2. Permit reporting of financial data on the accrual basis; 3. Be supported by source documentation; 4. Be independently audited usually annually, but not less frequently than every two years. MOU, Kent and RFA EMPG E19-150 10 C. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION The RFA shall maintain all records of: 1. Operating policies and procedures; 2. Employee qualifications, training, and evaluation; 3. Principal operations data: work units completed; clients served, classified by client and service characteristics; staff hours utilized; etc. 4. Self-evaluation of services, programs, and employment practices for compliance with 504 and ADA requirements. D. PROCUREMENT RECORDS The RFA shall maintain all records of: 1. RFA's adopted code of conduct governing officers' and employees' actions in contracting and purchasing; 2. RFA's standard operating procedures for authorizing and executing purchases and contract procurements of various sizes and types. 3. RFA's procurement procedures utilized and the basis for supplier selection/contract award, for individual purchases or contracts exceeding the dollar thresholds established in 2 CFR 200.320 Methods of Procurement To Be Followed. E. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS The RFA shall maintain: 1. A tabulation of all RFA employees classified by race, position, and salary in the format of the U.S. Equal Employment Opportunity Commission Form EEO-4. 2. Data identical to that required under A. and B. above for any subcontractor or agent employed in the performance under this MOU. 3. Documentation of all substantive actions taken to assure that no prohibited discrimination occurs in the conduct of any of the RFA's operations. 4. Documentation of all actions taken to make minority residents aware of the RFA's services and provide them with equal access to benefits. 5. Record of the racial classification and gender of the majority owners of each private for-profit business with which the RFA contracts with any funds provided under this MOU. F. CONFLICT OF INTEREST 1. The RFA shall maintain records documenting that all RFA board members, officers, employees and consultants have been informed of the conflict of MOU, Kent and RFA 11 EMPG E19-150 interest provisions of Exhibit B Part A.8 of the Grant Agreement and have acknowledged understanding those provisions. 2. The RFA shall maintain a complete record of all requests for exceptions submitted under the Grant Agreement. G. VERIFICATION OF SUBCONTRACTOR's ELIGIBILITY The RFA shall maintain records documenting that the RFA, all subcontractors, and consultants have been determined not to be currently debarred, suspended, denied participation or declared ineligible to participate in federal government funded programs. IN WITNESS, the parties below execute this Memorandum of Understanding, which shall become effective on the last date entered below. All acts consistent with the authority of this Memorandum of Understanding and prior to its effective date, but no earlier than June 1, 2018, are ratified and affirmed, and the terms of this Memorandum of Understanding shall be deemed to have applied. KENT FIRE DEPARTMENT REGIONAL FIRE CITY OF KENT: AUTHORITY: Sign in blue or black ink on1v G Print Name: Dana Ralp , Printdame: Matthew Morris Title: Ma or Title: Fire Chief DATE: DATE: APPR ED S TO FORM: e aw De artment MOU, Kent and RFA 12 EMPG E19-150 EXHIBIT A MEMORANDUM OF UNDERSTANDING Grant Agreement EMPG Grant Agreement Number E19-150 MOU, Kent& RFA EMPG E19-150 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Kent $71,321 E19-150 Emergency Management Division (EMD) 24611 116th Ave SE Kent,WA 98030-4939 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6, Grant Agreement End Date: Robert Goehring,(253)856-5262 June 1,2018 August 31,2019 rgoehring@kentwa.gov 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue): Gary Stumph, (253)512-7483 020253613 173-000-002 gary.stumph@mil.wa.gov 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-2018-EP-00004-S01 08/17/2018 1 97.042 18EMPG 14. Total Federal Amount#: 15. Program Index#&OBJ/SUB-OBJ: $7,345,832 1 783PT NZ 16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 11,33,47 King Certified?: ❑X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 8,9 ❑ YES, OMWBE# 19. Agreement Classification 20. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services ® Public/Local Gov't ❑ Contract Z Grant ® Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental(RCW 39.34) ❑ Interagency 21. Subrecipient Selection Process 22, Subrecipient Type(check all that apply) ® "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ® Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR © SUBRECIPIENT ❑ OTHER 23. PURPOSE&DESCRIPTION: The purpose of the Fiscal Year(FY)2018 Emergency Management Performance Grant(18EMPG)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 18EMPG DHS Award Letter for Grant No.EMS-2018-EP-00004- S01,which is incorporated in and attached hereto as Attachment#1 and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline(Exhibit D); Budget (Exhibit E); 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. DHS/FEMA 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 be FOR THE QEPARTMENT:: THE SUBRECI' ENT.' Signature �- Date Signature ate Regan Aii e Hesse, Chief Financial Officer Dan or, y ent Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Sig ature�. Date Brian E. Buchholz 8/21/2018 � Matthew, Fire Chief, Puget Sound Regional Fire Authority Sr.Assistant Attorney General . API?f(OV• AS TO FO applicable): pnI, is Legal Rev; ate DHS-FEMA-EMPG-FY 18 Pagel of 37 City of Kent EMD, E19-150 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Robert Goehring Name Gary Stumph Title City Auditor Title Program Coordinator E-Mail roehring@kentwa.gov E-Mail gary.stumph@mil.wa.gov Phone 253-856-5262 Phone 253-612-7483 Name I 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 Jennifer Keizer Name Title EM Program Coordinator Title E-Mail jdkeizer@pugetsoundfire.org E-Mail Phone 253-856-4342 Phone Name John Madson Name Title Division Chief-Emergency Management Title E-Mail jmadson@pugetsoundfire.org E-Mail Phone 253-856-4316 Phone Name Joe Root Name Title Deputy Emergency Manager Title E-Mail jroot@pugetsoundfire.org E-Mail Phone 253-856-4345 Phone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 18EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security(DHS) Notice of Funding Opportunity(NOFO) Fiscal Year (FY) 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS-2018-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 DHSIFEMA 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 18EMPG 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. DHS-FEMA-EMPG-FY 18 Page 2 of 37 City of Kent EMD, E19-150 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 18EMPG 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 18EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2018 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS-2018-EP-00004-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 18EMPG federal award funds, and associated matching funds, provided to its subrecipients 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 and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VI 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 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 httpil/www.gsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reim bursements(&mil.wa.gov no later than the due dates listed within the Timeline (Exhibit D). 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 DHS-FEMA-EMPG-FY 18 Page 3 of 37 City of Kent EMD, E19-150 Personnel to waive the due date in the Timeline (Exhibit D) and once approved submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration, and may 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. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement(including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace(supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request,the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c, In conjunction with the final report,the Subrecipient shall submit a separate report detailing how the EMPG Training 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/emergency- management-division/grants/requiredgrantforms, which is incorporated by reference and made a part of this Agreement. DHS-FEMA-EMPG-FY 18 Page 4 of 37 City of Kent EMD, E19-150 e. The Subrecipient shall participate in the State's annual capabilities assessment for the Stakeholder Preparedness Review (SPR), formerly known as 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. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. description of the property 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 for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible DHS-FEMA-EMPG-FY 18 Page 5 of 37 City of Kent EMD, E19-150 return. 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: A. 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. B. For Equipment: 1) Items with a current per-unit fair-market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized- equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/media-library/assets/documents/85376 all of which are incorporated in and made a part of this Agreement. DHS-FEMA-EMPG-FY 18 Page 6 of 37 City of Kent EMD, E19-150 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. 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.10. b For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.gov/emergency-management- division/grants/reguiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: i. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, a-mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations DHS-FEMA-EMPG-FY 18 Page 7 of 37 City of Kent EMD, E19-150 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. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/quidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies orjurisdictions 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 FY 2018 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 https://www.fema.gov/media-library/assets/documents/130743. DHS-FEMA-EMPG-FY 18 Page 8 of 37 City of Kent EMD, E19-150 B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, local, and tribal governments to enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 18EMPG 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. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5. The Subrecipient shall provide a fifty percent match of $71,321 of non-federal origin. To meet matching requirements, the Subrecipient's cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. Complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims training program.pdf (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and b. Complete either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS-241, IS-242, and IS-244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 18EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 18EMPG Award Letter and its incorporated documents for DHS Grant No. EMS-2018-EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS-FEMA-EMPG-FY 18 Page 9 of 37 City of Kent EMD, E19-150 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department,or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.93 for all other purposes, d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336 42 U.S.C. 12101 ET SEQ, AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-EMPG-FY 18 Page 10 of 37 City of Kent EMD, E19-150 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 (https://sam.gov/portal/SAM/##11) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://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. A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees(48 CFR Section 52.203-5), Public Records Act (RCW 42,56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY 18 Page 11 of 37 City of Kent EMD, E19-150 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 subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions. As required by Appendix I I 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 affected 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 FIR 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 18 Page 12 of 37 City of Kent EMD, E19-150 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689(3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. DHS-FEMA-EMPG-FY 18 Page 13 of 37 City of Kent EMD, E19-150 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's 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 subcontractors, 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 the 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 18 Page 14 of 37 City of Kent EMD, E19-150 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 work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement.To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FY 18 Page 15 of 37 City of Kent EMD, E19-150 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKNVORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. 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. DHS-FEMA-EMPG-FY 18 Page 16 of 37 City of Kent EMD, E19-150 Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as Subrecipients of a federal award, that expend $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 GALAS, 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 subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form" (https://www.mil.wa.gov/emergency-management-division/grants/requiredgrantforms)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). 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. DHS-FEMA-EMPG-FY 18 Page 17 of 37 City of Kent EMD, E19-150 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, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. DHS-FEMA-EMPG-FY 18 Page 18 of 37 City of Kent EMD, E19-150 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; 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 DHS-FEMA-EMPG-FY 18 Page 19 of 37 City of Kent EMD, E19-150 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 18 Page 20 of 37 City of Kent EMD, E19-150 Exhibit C WORK PLAN FY 2018 Emergency Management Performance Grant Emergency Management Organization 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 directly to the five elements of emergency management:prevention, protection,response,recovery,and mitigation.Washington State does not require a specific number of activities to receive EMPG funding. However,there are required capabilities that must be sustained in order to remain eligible for EMPG funding,including but not limited to the ability to communicate and warn,educate the public,train and exercise,plan,and be NIMS compliant.The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle(to include 18EMPG grant and local funds). Program Satellite Phones Copier/Punch Kit Lease Office Supplies Emergency Food(MIRE,Water Rotation) Meeting Refreshments Small Tools and Equipment Internet/Website Fees Ink Cartridges Printing Fees Janitorial Fees Cell Phones Program Community Outreach/Public Education WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Deliver FEMA Community Emergency Response With continued trainings being offered each year, -Larger number of CERT Trained members in the Team(CERT)courses and refresher training at the City is buildingthe volunteer database and community. least twice a year to the City of Kent,Covington, becoming a more resilient community. -CERT graduates become volunteers in other Puget Sound Fire and the Kent/Covington School emergency management areas(Kent District.Major purchases would include:manuals, Communications Support Team,ECC Volunteer, supplies,sustenance for trainings,and OT for Message Center Volunteer,etc.). instructors. -The community is better prepared to respond to, and be more resilient after,a disaster. 2 Conduct specialized CERT/Preparedness classes To successfully educate the community in all A more resilient community prepared for,and for local businesses,neighborhoods,and schools, aspects of disaster preparedness so that they can able to respond to,a disaster. help mitigate loss and assist the community in -More community members taking the full 8- rebuilding after a disaster, week CERT Class that is offered twice a year. 3 Participate in multiple community events Focus is on community safety and emergency -More youth and adults interested in emergency throughout the year such as Cornucopia Days, preparedness for both adults and youth. preparedness and having the knowledge of how to Covington Days,National Night Out,Kids Safety prepare for and respond during a disaster. Day,You/Me/We Event,and multiple school -An engaged community who feel involved and events.Major purchases could include:EM logo have a better understanding of their role in the attire,promotional items,OT for staff to event of a disaster. participate,and sustenance for staff during events. Program Kent Communications Support Team WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Participate in multiple community events such as By participating in events,It provides a chance to Better trained volunteers who are knowledgeable Field Day,Cornucopia Days,Covington Days, test generators,disaster communication kits, of the setup procedures for the mobile National Night Out,The Great Shakeout, processes,as well as providing an opportunity for communications kit and van.This will also help Emergency Activations,and more.Some volunteer training while engaging the community. identify possible communications gaps when purchases required for these activities are EM logo relying on emergency power. attire,promotional Items,and sustenance d uring activities. 2 Enhance emergency communications by To create/enhance a redundant emergency A robust communications system will support City purchasing and installing equipment such as communications system. and Regional emergencies and planned events. laptops,radios,generators,antennas,etc. DHS-FEMA-EMPG-FY 18 Page 21 of 37 City of Kent EMD, E19-150 Program Area#3 Exercises/Trainings WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Participate in the design,conduct,and evaluation To continue to enhance the City's capabilities Participants who are better able to respond to an of at least three exercises during the performance through testing,exercising,and training. incident/event,and completed AAR's which will period.Purchases may include consultation fees, identify areas for improvement. OT cost for staff to participate in training, sustainment during exercises,and miscellaneous items needed for the exercises. 2 Test systems(electronics,displays,forms,etc.)on To find and correct any issues/gaps that may arise The ECC is up to date with electronics, a rotating basis.Continue quarterly Emergency from the test in order to fully maximize ECC communications,forms,and displays.The ECC is Coordination Center(ECC)in-service days. capabilities. able to operate effectively in an incident/event/disaster. 3 Conduct trainings and/or send City Staff/Fire To increase job skills and knowledge in Emergency Fully trained staff and volunteers who are better Staff/Volunteers to career development Management functions. able to respond to the Kent ECC/DOCs in an workshops,seminars,conferences,and trainings incident/event. for Emergency Management.Purchases may include registration costs,travel costs,per diem, OT costs,and contractor costs. 4 Hire consultant for training employees on the new With the recent purchase of the Emergency All staff will be able to respond appropriately alert notification system which was recently Notification System,training needs to be when notified of Fire,Intruder Alert,etc.,making purchased for the City. completed so that all staff at City Facilities are the City building a safer place for employees and aware of how to use the system and what to do the public. when an alert is sent. Program Operational Mitigation Capabilities WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK 1 Continue to identify enhancements in Drills,exercises,and activations have identified a Greater communication and functionality to functionality and capability for situational gap in communicating information and the need increase situational awareness between ECC, awareness for the Kent ECC and Department for better situational awareness. DOCs,and regional partners during an Operating Centers(DOCs).Purchases may include activation/exercise. computer software,computers,smartboards, monitors,and other small equipment/supplies. 2 Acquire radio equipment for ECC and EM vehicles' To improve cache of emergency communication Increased ability to communicate during exercises communication capability.Purchases may include equipment by replacing out-of-date equipment and activations which will lead to more situational radio's,batteries,towers,antennas,wires,etc, and/or equipment that is reaching its end of life. awareness within the City of Kent. 3 Acquire equipment and/or contractors to improve Events and activations highlighted the need for A fully functionable staging area that is available operational readiness for an outdoor staging area. operational items to assist with on-scene for use when responding to an Purchases may include a light trailer,generator, activities. event/incident/exercises. computer,canopy,and staging area supplies. 4 Improve emergency management mobile resource EM vehicles(Van/Truck/Trailer)are not fully Mobile emergency response fleet capable of capabilities.Purchases may include radios, capable of supporting emergency operations, supporting operations for local and regional generator,antenna,shelving,storage,and emergencies and planned events. workstations. S Purchase and install soft target hardening To strengthen and increase public security/safety To prevent vehicles from entering a space where measures at City facilities/events. at Cityfacilities and/or events. the public may be which could result in multiple linjuries/deaths. DHS-FEMA-EMPG-FY 18 Page 22 of 37 City of Kent EMD, E19-150 Program Area#5 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 and/or presentations will reach needed.Purchases may be for consultant fees for which contains Limited English Proficiency everyone so the community will be better translation needs,printing of documents/flyers, populations or the hearing-impaired community. prepared and know how to respond to an event. and translation services. 2 Create Kent-specific documents and print To increase community/staff awareness of The community and city staff are better prepared materials for information and education purposes hazards and how to respond. to respond to an emergency or event. related to Emergency Management.Purchases may include design and printing fees. 3 Create a video(s)to include new emergency Through exercises and trainings,a need was City staff understand emergency management notification procedures and onboarding of new identified for employee training on emergency processes and what to do in the event of an employees(NIMS,Citywide Radio Procedures, management issues.Working with the City's HR emergency notification activation,which will lead Disaster Preparedness,EM expectations). department,the City has identified short videos to a safer and more secure working environment. Purchases may include consultant fees,production that can be included in new employee orientations fees,document printing,and OT fees for filming. and sent to all computers. DHS-FEMA-EMPG-FY 18 Page 23 of 37 City of Kent EMD, E19-150 Exhibit D TIMELINE FY 2018 Emergency Management Performance Grant DATE TASK June 1, 2018 Grant Agreement Start Date April 30, 2019 Submit reimbursement request August 31, 2019 Grant Agreement End Date October 15, 2019 Submit final reimbursement request, final report, training requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 18 Page 24 of 37 City of Kent EMD, E19-150 Exhibit E BUDGET FY 2018 Emergency Management Performance Grant 18EMPG AWARDI $ — 71,321.00 SOLUTION AREA CATEGORY EMPG AMOUNT MATCH AMOUNT Salaries&Benefits $ Z Overtime/Backfill $ $ _- Z Consultants/Contractors $ Z Goods&Services $ - $ 15 a Travel/Per Diem $ Subtotal $ $ Z Salaries&Benefits $ $ _71,321 Q0 Overtime/Backfill $ $ N Consultants/Contractors $ - $ Z Goods&Services $ 50,821 $ t9 Travel/Per Diem $ - $ 0 Subtotal $ 50,821 $ 71,321 Salaries&Benefits $ - $_ - Overtime/Backfill $ - $ 0 Consultants/Contractors $ cc X Goods&Services $ - $ W Travel/Per Diem $ - $ Subtotal $ - $ Salaries&Benefits $ - $ - Z Overtime/Backfill $ 3,500 Z Consultants/Contractors $ 10,000 Q Goods&Services $ 2,000 Travel/Per Diem $ 1,500 $ - Subtotal $ 17,000 $ Equipment $ 3,500 $ Cf W Subtotal $ 3,500 $ Salaries&Benefits $ - $ Overtime/Backfill $ - $ Consultants/Contractors $ - $co - 2 Goods&Services $ - $ Travel/Per Diem $ - $ Subtotal $ - $ Indirect $ - $ Indirect Cost Rate on file 0% M , TOTAL Grant Agreement AMOUNT: $ 71,321 $ 71,321 • The Subrecipient will provide a match of $71,321 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security- PI#783PT—EMPG DHS-FEMA-EMPG-FY 18 Page 25 of 37 City of Kent EMD,E19-150 Attachment 1 18EMPG Award Letter EMS-2018-EP-00004-S01 Awad Letter U.S. Department of Homeland Security o �l ^ME�I. Washington,D.C.20472 fit Jot �ANf! SkC, Bret Daugherty Washington Military Department Building 20 Camp Murray,WA98430-5122 Re: Grant No.EMS-2018-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)2018 Emergency Management Performance Grants has been approved in the amount of$7,345.832,00. As a condition of this award,you are required to contribute a cost match in the amount of$7,345032.00 of non-Federal funds, or 50 percent of the total approved project costs of$14,691.664.00. 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 2018 Emergency Management Performance Grants Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https:/lportal.fema.gov. Step 2:After logging in,you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu,select the Application sub-menu,and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench)to reviewthe Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management(SAM): Grant recipients are to keep all of their information up to date in SAM,in particular, your organization's name,address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore,it is imperative that the information is correct. The System for Award Management is located at h1jiLff www.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS) know as soon as possible.This will help use to make the necessary updates and avoid any interruptions in the payment process. DHS-FEMA-EMPG-FY 18 Page 26 of 37 City of Kent EMD, E19-150 CHRISTINE MARIE JONIENTZ TRISLER Regional Administrator DHS-FEMA-EMPG-FY 18 Page 27 of 37 City of Kent EMD, E19-150 Agreemext"Icles Sun Oct 0- 00:00:00 GMT 2017 U.S. Department of Homeland Security ��Att7,ir� Washington,D.C.20472 q NT) 5'EG'�4 AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS-2018-EP-00004-S01 TABLE OF CONTENTS Article I Whistleblower Protection Act Article II Use of DHS Seal,Logo and Flags Article III USA Patriot Act of 2001 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 VIII Terrorist Financing Article IX SAFECOM Article X Reporting 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-EMPG-FY 18 Page 28 of 37 City of Kent EMD, E19-150 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 XXIII Acknowledgment of Federal Funding from DHS Article XXIV Federal Leadership on Reducing Text Messaging while Driving Article XXV Federal Debt Status Article XXVI False Claims Act and Program Fraud Civil Remedies Article XXVII Energy Policy and Conservation Act Article XXVIII Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Article XXIX Duplication of Benefits Article XXX Drug-Free Workplace Regulations Article XXXI Debarment and Suspension Article XXXII Copyright Article XXXI I I Civil Rights Act of 1968 Article XXXIV Civil Rights Act of 1964-Title VI Article XXXV DHS Specific Acknowledgements and Assurances Article XXXVI Assurances,Administrative Requirements, Cost Principles, and Audit Requirements DHS-FEMA-EMPG-FY 18 Page 29 of 37 City of Kent EMD, E19-150 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 Disposition of Equipment Acquired Under the Federal Award Article XLI Prior Approval for Modification of Approved Budget Article I-Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 Section 2409, 41 U.S.C. 4712, and 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310, Article II-Use of DHS Seal,Logo and Flags 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 Recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. Sections 175-175c. Article IV-Universal Identifier and System of Award Management(SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R Part 25 Appendix A. 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,the recipient 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 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 Recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000, (TVPA)as amended by 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. Article Vill-Terrorist Financing 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. DHS-FEMA-EMPG-FY 18 Page 30 of 37 City of Kent EMD, El9-150 Article IX-SAFECOM 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 Recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A,the full text of which is incorporated here by reference in the award terms and conditions. Article XI-Procurement of Recovered Materials 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 Bayh-Dole Act Pub. L. No. 96-517 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 federal 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. Recipients must comply with any such requirements set forth in the program NOFO. Article XIV-Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Article XV-Lobbying Prohibitions 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 related to a federal award or contract, including any extension, continuation, renewal, amendment,or modification Article XVI-Limited English Proficiency(Civil Rights Act of 1964,Title VI) Recipients must comply with the Title VI of the Civil Rights Act of 1964(42 U.S.C. Section 2000d et seq.)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 htti)s//www dhs.lov/guidance-published-help-department-supported-organizations:provide-meaningful-access-people-limited and additional resources on hqp//www.lep.gov. Article XVII-Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, (15 U.S.C.Section 2225a), recipients must ensure that all conference, meeting, convention,or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, (15 U.S.C. Section 2225). DHS-FEMA-EMPG-FY 18 Page 31 of 37 City of Kent EMD, E19-150 Article XVIII-Fly America Act of 1974 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(PII) Recipients who collect PH are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PH they collect. DHS defines personally identifiable information(PI1)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. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Private template as useful resources respectively. Article XX-Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. Sections 12101-12213). Article XXI-Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code, Section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXII-Activities Conducted Abroad 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 XVIII-Acknowledgment of Federal Funding from DHS 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 Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513 including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXV-Federal Debt Status 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 OM13 Circular A-129.) Article XXVI-False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of The False Claims Act(31 U.S.C. Section 3729-3733)which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C.Section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXVII-Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act(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. DHS-FEMA-EMPG-FY 18 Page 32 of 37 City of Kent EMD, El9-150 Article XXVIII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C.Section 1681 et seq.),which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article 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 Recipients 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). Article XXXI-Debarment and Suspension 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 restrict federal financial assistance awards,subawards,and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII-Copyright 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 Recipients must comply with Title VIII of the Civil Righfs Act of 1968 which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings,or in the provision of services in connection therewith, on the basis of race, color, national origin, religion,disability,familial status, and sex(See 42 U.S.C. Section 3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100.The prohibition 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 XXXIV-Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C.Section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color,or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C F.R. Part 21 and 44 C.F.R. Part 7. Article XXXV-DHS Specific Acknowledgements and Assurances All recipients,subrecipients,successors, transferees,and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records,accounts, documents, information,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 DHS-FEMA-EMPG-FY 18 Page 33 of 37 City of Kent EMD, E19-150 individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting,data collection,and evaluation requirements,as prescribed by law or detailed in program guidance. 5. If, during the past three years, 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 d�ihq.dhs.gov 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 seek judicial 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)Standard Form 424B Assurances- Non-Construction Programs. or OMB Standard Form 424D Assurances-Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program,and the DHS financial assistance office(DHS FAO) 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 DHS FAO 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 Title 2 Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. Part 3002. Article XXXVII-National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on Environmental Quality (CEQ)Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy,to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII-Nondiscrimination In Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries 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 XXXIX-Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing.Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASK-GMDOdhs.gov if you have any questions. Article XL-Disposition of Equipment Acquired Under the Federal Award DHS-FEMA-EMPG-FY 18 Page 34 of 37 City of Kent EMD, E19-150 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 XLI-Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award,you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200,308. For awards with an approved budget greater than the simplified acquisition threshold as defined at 2 C.F.R Section 200 88(currently$250,000),you may not transfer funds among direct cost categories, programs,functions,or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. BUDGET COST CATEGORIES Personnel S3,157,326.00 Fringe Benefits S1,174,535.00 Travel $85,863.00 Equipment $0.00 Supplies S58,504.00 Contractual S9,819,913.00 Construction $0.00 Indirect Charges $395,523.00 Other $0.00 DHS-FEMA-EMPG-FY 18 Page 35 of 37 City of Kent EMD, E19-150 Obligating Document for Award/Amendment la.AGREEMENT NO. 2.AMENDMENTNO. 3. w4.TYPE OF ACTION 5.CONTROL NO. EMS-2018-EP-00004-S01 *** RECIPIENT AWARD FY2018R10EMPG NO. 916001095 G 6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS FEMA Finance Center Washington Military FEMA-GPD 430 Market Street Department 400 C Street,SW,3rd floor Winchester,VA 22603 Building 20 Washington,DC 20472-3645 Camp Murray,WA,98430- POC:866-927-5646 5122 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROTECT COORDINATOR PROTECT OFFICER 2535127456 Central Scheduling and Information Desk Tirzah Kincheloe Phone:800.368-6498 Email:Askesidt@dhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 10/01/2017 OF 10/01/2017 09/30/2019 PAYMENT PARS Budget Period 10/01/2017 09/30/2019 15.DESCRIPTION OF ACTION a.(Indicate funding 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-XXXXXX- AWARD THIS AWARD XXXXX-XXXX-XXXX-X ACTION +OR(-) Emergency 97.042 2018-FA-GA01-R107- $0.00 $7,345,832.00 $7,345,832.00 See Totals Management -4120-D Performance Grants TOTALS $0.00 $7,345,832.00 S7,345,832.00 S7,345,832.00 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(See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document,However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Tirzah Kincheloe,Mrs Wed Sep 05 00:20:54 GMT 2018 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE _ Fri Aug 1716:37:29 GMT 2018 KIMBERLY ERIN PENFOLD,Assistance Officer DHS-FEMA-EMPG-FY 18 Page 36 of 37 City of Kent EMD, El9-150 DHS-FEMA-EMPG-FY 18 Page 37 of 37 City of Kent EMD, E19-150 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 - Office of Emergency Management PROJECT DESCRIPTION CONTRACT NUMBER Emergency Management Performance Grant E19-150 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Dana Ralph Mayor Matthew Morris Fire Chief 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Dana Ralph Mayor �U j Matthew Morris Fire Chief 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Jennifer Keizer EM Coordinator / John Madson EM Manager - Division Chief \\NAC-1NOU\HOME\KARENB\....MMSIGNAUTH Revised 3/03 2 CFR Part 200 Subpart F Audit Certification Form Audits of States, Local Governments, Indian Tribes, and Non-Profit Organizations Contact Information Subrecipient Name(Agency,Local Government,or Organization):City of Kent, WA Authorized Chief Financial Officer(central accounting office):Aaron BeMiller Address:220 Fourth Ave South Kent, WA 98032 Email: abemiller@kentwa.gov Phone#:253-856-5260 Purpose: As a pass-through entity of federal grant funds,the Washington Military Department/Emergency Management Division(Department) is required by 2 CFR Part 200 Subpart F to monitor activities of subrecipients to ensure federal awards are used for authorized purposes and verify that subrecipients expending $750,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient subject to such monitoring by MIUEMD because it is a non-federal entity that expends federal grant funds received from the Department as a pass-through entity to carry out a federal program. 2 CFR Part 200 Subpart F should be consulted when completing this form. Directions: As required by 2 CFR Part 200 Subpart F, non-federal entities that expend$750,000 in federal awards in a fiscal year shall have a single or program-specific audit conducted for that year. If your entity is not subject to these requirements, you must complete Section A of this Form. If your entity is subject to these requirements, you must complete Section B of this form. When completed, you must sign, date, and return this form with your grant agreement and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing,withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SECTION A: Entities NOT subject to the audit requirements of 2 CFR Part 200 Subpart F Our entity is not subject to the requirements of 2 CFR Part 200 Subpart F because (check all that apply): ❑ We did not expend$750,000 or more of total federal awards during the fiscal year. ❑ We are a for-profit agency. ❑ We are exempt for other reasons (describe): However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s) in which we participate,that we are required to maintain records of federal funding and to provide access to such records by federal and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or documentation to ensure proper stewardship of federal funds. SECTION B: Entities that ARE subiect to the audit requirements of 2 CFR Part 200 Subpart F (Complete the information below and check the appropriate box ■❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] 9/27/2018 for Fiscal Year ending[enter date] 12/31/2017 . There were no findings related to federal awards from WMD/EMD. 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.office(a)mil.wa.gov or provide the state auditor report number: 1022269 ❑ We completed our last 2 CFR Part 200 Subpart F Audit on[enter date] for Fiscal Year ending[enter date] There were findings related to federal awards. A complete copy of the audit report,which includes exceptions,corrective action plan and management response, is either provided electronically to contracts.office(&mil.wa.clov or provide the state auditor report number: ❑ Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date]for Fiscal Year ending [enter date]. We will provide electronic copy of the audit report to contracts.office(a)mil.wa.gov at that time or Provide the state auditor report number: I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of federal award funds from the Department until the grant agreement is closed. Signature of Authorized Chief Financial Officer. Date: Print Name & Title: Aaron BeMiller,Finance Director WMD Form 1009-13,811 912 01 3,Updated 9/912015 Washington Military Department Contract Number: E19-150 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as(DBA) John Madson Kent Office of Emergency Management ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 24611 116th Ave SE or Solicitation#,if any: Identifier(UBI) Identification#: Kent, WA 98030 170-000-002 91-6001254 This certification is submitted as part of a re uest to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and abide by the terms of this certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who,is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. � C, Bidder or Contractor Signat Date: �2° 7 Print Name and Title: John Madson, Division Chief Washington Military Department Contract Number:E19-150 FEDERAL DEBARMENT, SUSPENSION INELIGIBILITY and VOLUNTARY EXCLUSION (FREQUENTLY ASKED QUESTIONS) What is "Debarment,Suspension, Ineligibility, and Voluntary Exclusion"? These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have: • had a contract or grant with a federal agency, and • gone through some process where the federal agency notified or attempted to notify you that you could not contract with the federal agency. • Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why am I required to sign this certification? You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs). What is the purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word "proposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from you to Washington Military Department. What or who is a "lower tier participant'? Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If you hire subcontractors, you should require them to sign a certification and keep it with your subcontract. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive money from Washington Military Department. Covered Transaction does not include mandatory entitlements and individual benefits. Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. FFATA FORM Subrecipient Agency: Citv of Kent, Office of Emeraencv Management Grant and Year. EMPG 2018 Agreement Number: E19-150 Completed Jennifer Keizer EM Program Coordinator 253-856-4342 by: Name T/tle Telephone Date Completed: STEP 1 YES STOP, no further NO Is your grant agreement less than $25,000? 1:1 analysis needed, GO to Step 2 GO to Step 6 STEP 2 In your preceding fiscal year, did your YES NO STOP, no further organization receive 80% or more of its annual ❑ GO to STEP 3 DV/ analysis needed, GO to gross revenues from federal funding? Step 6 STEP 3 In your preceding fiscal year, did your YES NO STOP, no further organization receive$25,000,000 or more in ❑ GO to STEP 4 ❑ analysis needed, GO to federal funding? Step 6 STEP 4 Does the public have access to information about YES STOP, no further NO the total compensation"of senior executives in Elanalysis needed, ElGO to STEP 5 your organization? GO to step 6 STEP 5 Name: Executive#1 Total Compensation amount: $ Executive#2 Name: Total Compensation amount: $ Executive#3 Name: - - _ -- Total Compensation amount: $ Name: Executive#4 Total Compensation amount: $ Name: Executive#5 Total Compensation amount: $ STEP 6 If your organization does not meet these criteria, specifically identify below each criteria that is not met for your organization: For Example: "Our organization received less than $25,000." Signature: " Date: �/Lr Total compensation refers to: • Salary and bonuses • Awards of stock, stock options, and stock appreciation rights • Other compensation including, but not limited to, severance and termination payments • Life insurance value paid on behalf of the employee Additional Resources: http://www.whitehouse.gov/omb/open http://www.hrsa.gov/qrants/ffata.html http://www.qpo,gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf http://www.grants.gov Page 1 of 3 FFATA PROVISIONS AND INSTRUCTIONS For Compliance With The Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website. Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery orders. The legislation does not require inclusion of individual transactions below $25,000 or credit card transactions before October 1, 2008. However, if an award is initially below this amount yet later increased, the act is triggered. Due to this variability in compliance Subrecipients are required by the Military Department to be familiar with the FFATA requirements and complete this Worksheet for each contract for the State's submission in to the FFATA portal. ADDITIONAL PROVISIONS A. This contract (subaward) is supported by federal funds, requiring compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act) and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this contract, contractor agrees to provide all applicable reporting information to the Washington Military Department(WMD) required by FFATA and OMB Guidance. B. The FFATA requires the OMB to establish a publicly available online database (U SAS pending.gov) containing information about entities that are awarded Federal grants, loans, and contracts. As required by FFATA and OMB Guidance, certain information on the first-tier subawards related to Federal contracts and grants, and the executive compensation of awardees, must be made publicly available. C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or greater than $25,000, reporting of the subaward and executive compensation information is required. If the initial subaward is below $25,000 but subsequent grant modifications result in a total subaward equal to or over $25,000, the subaward will be subject to the reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward equals or exceeds $25,000 but funding is subsequently de-obligated such that the total award amount falls below $25,000, the subaward continues to be subject to the reporting requirements of the Transparency Act and OMB Guidance. D. As a Federal grant subawardee under this contract, your organization is required by FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant awardee, all information required for FFATA compliant reporting by WMD. This includes all applicable subawardee entity information required by FFATA and OMB Guidance, subawardee DUNS number, and relevant executive compensation data, as applicable. 1. Data about your organization will be provided to USASpending.gov by the WMD. System for Award Management (SAM) is a government wide registration system for organizations that do business with the Federal Government. SAM stores information about awardees including financial account information for payment purposes and a link to D&B for maintaining current DUNS information, www.sam.gov. WMD requires SAM registration and annual renewal by your organization to minimize unnecessary data entry Page 1 of 2 and re-entry required by both WMD and your organization. It will also reduce the potential of inconsistent or inaccurate data entry. 2. Your organization must have a Data Universal Numbering System (DUNS) number obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number provides a method to verify data about your organization. D&B is responsible for maintaining unique identifiers and organizational linkages on behalf of the Federal Government for organizations receiving Federal assistance. E. The WMD, as the prime awardee, is required by FFATA to report names and total compensation of the five (5) most highly compensated officers of your organization (as the subawardee) if: 1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards; and 2. The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. "Total compensation" for purposes of this requirement generally means the cash and non- cash value earned by the executive during the past fiscal year and includes salary and bonus; awards of stock, stock options and stock appreciation rights; and other compensation such as severance and termination payments, and value of life insurance paid on behalf of the employee, and as otherwise provided by FFATA and applicable OMB guidance. F. If(1) in the preceding fiscal year your organization received 80 percent or more of its annual gross revenues from Federal awards and $25,000,000 or more in annual gross revenues from Federal awards, and (2) the public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the names and total compensation for the five most highly compensated officers of your organization as identified in Step 5 of the FFATA Form. Page 2 of 2 Form W'9 Request for Taxpayer Give Form to the (Rev. DemobDecemberthe Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. City of Kent•Office of Emergency Management N 2 Business name/disregarded entity name,if different from above m rn m cL 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to C certain entities,not individuals;see O ❑Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust/estate instructions on page 3 0 o single-member LLC Exempt payee ode(if any) ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► `p Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting tj the tax classification of the single-member owner. code(if any) c d ❑Other(see instructions)► (Applies to accounts maintained outside the U.S.) != 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) 0 COL 24611 116th Ave SE 6 City,state,and ZIP code Kent,WA 98030 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,fora -Lil - resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. I;fll - 6 0 0 1 1 2 5 1 4 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the I RS has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date► General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov1fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information ff you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,Is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Form W-9(Rev.12-2014) Page 2 Note.If you are a U.S,person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4,The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your Interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup •An individual who Is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened •A partnership,corporation,company,or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding.See Exempt •An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. •A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that Is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information, and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving In the United States: reportable payments in the future from this person.For example,you may need to •In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation,or if you no longer are tax exempt.In addition,you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor •In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and •In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of Income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified In the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types Specific Instructions of income,you must attach a statement to Form W-9 that specifies the following p five items: 1.The treaty country.Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration(SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application,line 1 a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 104011040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception(under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities,Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owner's name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends,broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions,rents,royalties,nonemployee pay,payments made in which the income should be reported.For example,If a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators.Real estate transactions are not subject to U.S.person,the U.S.owner's name Is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that Is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes.Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications,and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev.12-2014) Page 3 Line 2 t However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding:medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box In line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a certain foreign financial institutions.Therefore,if you are only submitting this form partnership for U.S.federal tax purposes,check the"Limited Liability Company" for an account you hold the United States,you may leave this field blank. box and enter"P"in the space provided.If the LLC has filed Form 8832 or 2553 to Consult with the person requesting this form if you are uncertain if the financial be taxed as a corporation,check the"Limited Liability Company"box and in the institution is subject to these requirements.A requester may indicate that a code is space provided enter"C"for C corporation or"S"for S corporation.If it is a not required by providing you with a Form W-9 with"Not Applicable"(or any similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company"box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined In section 7701(a)(37) Line 4,Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate space in line 4 any code(s)that may apply C you, any of their political subdivisions or instrumentalities Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section • Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(1) withholding. E—A corporation that is a member of the same expanded affiliated group as a • Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(1) for certain payments,including interest and dividends. F—A dealer in securities,commodities,or derivative financial instruments • Corporations are not exempt from backup withholding for payments made in (including notional principal contracts,futures,forwards,and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state • Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined In section 5B4(a) Enter the appropriate code In the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I.Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer 11—A financial institution identification number(ITIN).Enter it in the social security number box.If you do not have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding.The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.if the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately.To apply for 7 for an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at www.ssa.gov,You may also get this form by Broker transactions Exempt payees 1 through 4 and 6 calling 1-800-772-1213.Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations.S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For"in the space for the TIN,sign and date the form,and give It Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over$5,000' 1 through 52 with respect to readily tradable instruments,generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For"means that you have already applied for a TIN or that See Form 1099-MISC,Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev.12-2014) Page 4 Part 11.Certification 3 You must show your individual name and you may also enter your business or DBA name on To establish to the withholding agent that you are a U.S. arson,or resident alien, the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you 9 9 Y P have one),but the IRS encourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even 1 List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the items 1,4,or 5 below indicate otherwise. personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Aso see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 'Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note.If no name is circled when more than one name Is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An Identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply.If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you .Protect your SSN, must cross out item 2 in the certification before signing the form. •Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification.You may cross out .Be careful when choosing a tax preparer. item 2 of the certification. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments"include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to For more information,see Publication 4535,Identity Theft Prevention and Victim attorneys(including payments to corporations). Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured Victims of identity theft who are experiencing economic harm or a system property,cancellation of debt,qualified tuition program payments(under problem,or are seeking help in resolving tax problems that have not been resolved section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or through normal channels,may be eligible for Taxpayer Advocate Service(TAS) distributions,and pension distributions.You must give your correct TIN,but you assistance.You can reach TAS by calling the TAS toll-free case intake line at do not have to sign the certification. 1-877-777-4778 or TTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals aoint The actual owner of the account or, The IRS does not Initiate contacts with taxpayers via emails.Also,the IRS does account) K combined funds,the first not request personal detailed information through email or ask taxpayers for the individual on the account' PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The mino? bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration b.So-called trust account that is The actual owner (TIGTA)at 1-800-366-4484.You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IOTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor- Privacy Act Notice Form 1099 Filing Method 1(see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct (A)) TIN to persons(Including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to For this type of account: Give name and EIN of: you;mortgage Interest you paid;the acquisition or abandonment of secured 7.Disregarded entity not owned by an The owner property;the cancellation of debt;or contributions you made to an IRA,Archer Individual MSA,or HSA.The person collecting this form uses the information on the form to 8.A valid trust,estate,or pension trust Legal entity' file information returns with the IRS,reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and 9.Corporation or LLC electing The corporation criminal litigation and to cities,states,the District of Columbia,and U.S. corporate status on Form 8832 or commonwealths and possessions for use in administering their laws.The Form 2553 Information also may be disclosed to other countries under a treaty,to federal and 10.Association,club,religious, The organization state agencies to enforce civil and criminal laws,or to federal law enforcement and charitable,educational,or other tax- intelligence agencies to combat terrorism.You must provide your TIN whether or exempt organization not you are required to file a tax return.Under section 3406,payers must generally 11.Partnership or multi-member LLC The partnership withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer,Certain penalties may also apply for 12.A broker or registered nominee The broker or nominee providing false or fraudulent Information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district,or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) 'List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. EXHIBIT B MEMORANDUM OF UNDERSTANDING Appointment of Liaison EMPG Grant Agreement Number E19-150 The Puget Sound Regional Fire Authority appoints the following person as the liaison for the Memorandum of Understanding between the City and the Kent Fire Department Regional Fire Authority; this person shall be responsible for overall administration of the EMPG funded program: Liaison: Jennifer Keizer, Emergency Management Program Coordinator MOU, Kent& RFA EMPG E19-150 EXHIBIT C INSURANCE REQUIREMENTS FOR EPMG SUB-AWARD AGREEMENT Insurance The RFA shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the RFA, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance RFA shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. P" Minimum Amounts of Insurance RFA shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any MOU, Kent& RFA EMPG E19-150 EXHIBIT C (Continued) combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The RFA's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the RFA's insurance and shall not contribute with it. 2. The RFA's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the RFA and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The RFA's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. RFA's Insurance for Other Losses The RFA shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, RFA's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the RFA, or the RFA's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. MOU, Kent& RFA EMPG E19-150 EXHIBIT C (Continued) E. Waiver of Subrogation The RFA and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Verification of Coverage RFA shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the RFA before commencement of the work. H. Subcontractors RFA shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the RFA. MOU, Kent& RFA EMPG E19-150 PugeSRFA32 Cities Insurance Association of Washington CERTIFICATE OF COVERAGE Issue Date: 11/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BET WEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ------------------------------------------------------------------------------------------------ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the MOC must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the MOC,certain coverage may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY CIAW/Munich Re 451 Diamond Drive Ephrata, WA 98823 Phone 509.754.2027 Fax 509.754-3406 AUTOMOBILE LIABILITY CIAW/Munich Re INSURED PROPERTY / Puget Sound Regional Fire Authority CIAW Munich Re et al. 24611 116th Ave SE Kent,WA 98030 CRIME/PUBLIC EMPLOYEE DISHONESTY CIAW/Munich Re COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED T O T HE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED,NOT WITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF CONT RACT OR OT HER DOCUMENT WITH RESPECT TO WHICH I HIS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN.1 HE COVERAGE AFFORDED BY T HE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CIAW181947269 12/01/2018 12/01/2019 GENERAL AGGREGATE $25,000,000 OCCURRENCE FORM PRODUCT-CO MP/OP AGG $25,000,000 PERSONAL&ADV.INJURY $15,000,000 EACH OCCURRENCE $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO CIAW181947269 12/01/2018 12/01/2019 COMBINED SINGLE LIMIT $15,000,000 (LIABILITY IS SUBJECT TO A 100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE PROPERTY CIAW181947269 12/01/2018 12/01/2019 ALL RISK PER OCC EXCL EQ&FL $100,000,000 EARTHQUAKE PER OCC $15,000,000 FLOOD PER OCC(Except FZ A&V,which is$1MM)$15,000,000 (PROPERTY IS SUBJECT TO A 25,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIME/PUBLIC EMPLOYEE DISHONESTY (CRIME SUBJECT TO As 25,000 PROGRAM SIR) CIAW181947269 12/01/2018 12/01/2019 PER LOSS $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Regarding Emergency Management Performance Grant, Grant Agreement Number El8.099. City of Kent is named as Additional Insured regarding this Agreement only and is subject to coverage terms, conditions, and exclusions.Additional Insured endorsement is attached.The MOC is primary and non-contributory. Waiver of Tranfer Subrogation is attached. Seperation of Named Insured endorsement is included in the policy. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PROV ISIONS OF THE MOC. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City of Kent 220 Fourth Avenue South ��✓� n {V"Pl Kent, WA 98032 fi - 3486381 ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How Coverage is Changed It is agreed that the interest of any Additional Insured is recognized as their interests may appear, providing that the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Insured are those specified in either the: 1.Written Contract or written agreement; or 2. Declarations for this memorandum, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. Additional Insured: City of Kent 22y Fourth Avenue South Kent,WA 98032 Regarding Emergency Management Performance Grant,Grant Agreement Number E18-099.City of Kent is named as Ad itiona Insured regarding this Agreement only and is subject to coverage terms,conditions,and exclusions.Additional Insured endorsement is attached.The MOC is primary and non-contributory.Waiver of Tranfer Subrogation is attached. Seperation of Named Insured endorsement is included in the policy. Other terms: All other terms of your MOC remain the same. 3486382 WAIVER OF TRANSFER OF RIGHTS AND RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 Fourth Avenue South Kent, WA 98032 If insurance with any other insurer is available to cover a Claim for an Insured for any coverage under this memorandum whether on a primary, excess or contingent basis, the coverage under this memorandum is excess of and does NOT contribute with such other insurance. The coverage under this memorandum is NOT subject to the terms, conditions, or limitations of any other insurance. This condition does NOT apply with respect to excess insurance purchased specifically to be in excess of this memorandum. Any person or organizations as shown in the Schedule above, for whom we make a payment under this coverage must transfer their right to recovery against any other party. After a Claim they must do everything necessary to secure, and nothing to impair these rights. However, we will waive our right of recovery against any person or organization as shown in the Schedule above with respect to which the Insured has waived its right of recovery prior to the Occurrence,Accident or Wrongful Act in an Insured Contract. Other terms: All other terms of your Memorandum of Coverage remain the same. 3486383 REQUEST FOR MAYOR'S SIGNATURE KENT W AI n ir+csr_`.� Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Robert Goehring Phone (Originator): 5262 Date Sent: March 27, 2019 Date Required: April 10, 2019 Return Signed Document to: Robert Goehring Contract Termination Date: AUg 31, 2019 VENDOR NAME: Date Finance Notified:(Only required on contracts N/A Puget Sound Regional Fire Authority $20,000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:Dec 5 2018 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: N/A Authorized in the Budget? OYES 0 NO Brief Explanation of Document: On December 11, 2018, the City Council authorized acceptance of a federal Emergency Management Performance Grant (E19-150) from the Washington Military Department in the amount of $71,321 for the period June 1, 2018 through August 31, 2019. The purpose of this grant is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Regional fire authorities and fire protection districts are not eligible to receive these grants directly from the Washington Military Department. Accordingly, this grant is awarded directly to the City and is then passed-through to the Kent Fire Department RFA. This MOU establishes the requirements governing the Kent Fire Department RFA's administration of the EMPG Award (E19-150); including ensuring adherence to the terms and conditions of the Grant Agreement and other federal grant requirements. All Contracts Must e R uted Through The Law Depart nt VEE)(Th' area to ompleted by the Law part ent) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: DEPTShaded Areas To Be Completed By Administration Staff �� A Received: RECEIVED Recommendations and Comments: Disposition: 5� 3��� ( � City of Kent Office of the Mayor Date Returned: P:\ ivil\orms\Dccument rocessing\ equest or Mayor's Signature,doe A